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Terms of Service & Acceptable Use Policy

Summary of Customer Responsibilities

  • Keep your billing, credit card, and domain registration WHOIS information accurate and up to date. Ensure you have sufficient funds in your credit card or checking account to prevent billing problems.  Notify us immediately when your credit or debit card information has changed.
  • You will need your user name and password to obtain account information technical support, so don't lose them. Keep them secret so others can't access your account.
  • Use a competent Web designer, or web design program. Pay attention to the security of your CGI scripts so they aren't hijacked. We are not responsible for insecure scripts.
  • Keep backup copies of your Web site on your computer.
  • You and your users need to diligently check email and empty server-based mailboxes. When your mailbox is full for an extended time, you will lose mail.
  • In any e-mail challenge/response system, white-list the domains "hostrack.com" and "amhosting.com".
  • Follow the Acceptable Use Polices and applicable statute.

Terms of Service

Account Closures: To close an account, use our secure on-line closure form found on our web site at www.amhosting.com/MyAccount/CloseAccount/tabid/776/Default.aspx or print and fill out a copy of that form and send it to AM Hosting, LLC. Via US Mail, overnight courier, or fax.

  • Accounts are not officially closed until we receive a properly executed and authenticated closure form.
  • We do not accept closure requests by telephone, or by email.
  • All closure requests need to be authenticated by the account's assigned user name and password; if you have forgotten your user name and/or password, call 775-331-3319 for assistance.

Closure/Cancellation Notice: For hosting and dial-up service, there is no requirement for prior notice; you can request a closure at any time and your account will be closed at that time. For leased servers and co-location service, you need to provide at least thirty (30) calendar day's notice of your desire to discontinue service. For domain subscriptions, there is no process to cancel the subscription and registration.

Refunds: We will provide any refund due for credit-card accounts by posting a credit transaction to the credit card on file for the account. Full refunds will be given on account closures forms submitted within 30 days of the charge. Refunds will not be given to an account closed outside of 30 days.

Establishing Service: Service is ordered on our Web sites. At the time the service(s) is/are ordered, you select the payment method and service term for the service(s) being established. Leased servers and co-location service require a contract; contract forms and instructions are available from the appropriate Web sites.

Service Term: For all services except domain name subscriptions, you can elect to pay on a monthly, quarterly, or annually renewal schedule; each payment starts the service term for the service purchased for the interval you select. For domain name subscriptions, you can elect to pay anywhere from one to ten years.

Billing for Service: Hosting, dial-up, leased-servers, and co-location service is billed automatically at the expiration of the service term.
For non-credit-card accounts, an electronic invoice is sent to the e-mail address on record for the account twenty-five (25) day before the end of the service term. We no longer will do paper invoices.

For credit card accounts, we automatically charge the card we have on record for the account five (5) days before the expiration of the current term. A notice of successful payment is sent by e-mail to the e-mail address on record for the account when we successfully bill for the new term.

Billings for Domain Name Subscriptions: We do not automatically renew domain names. We send reminder notices to the e-mail address listed with the domain name at 90 days, 60 day, 30 days, and 1 day before the domain name subscription expires.
Update:  Our new billing system will auto renew your domains for you if you configure it that way. Assuming your credit card on file is active and ready; this will require no interaction from you.

Money-Back Guarantee: For some services we offer a money-back guarantee honored within 30 calendar days of starting a service term or renewing a service term; call 775-331-3319 for more information.

Currency: All payments are made in United States Dollars. Payment in other currencies will be rejected.

Payment Methods: Payment for any and all amount due may be made by credit or charge card (Visa, MasterCard, Discover, or American Express), or by PayPal. Checks are only permitted on legacy accounts. Wire transfers are accepted only by pre-arrangement and with the receipt fee paid by the sender. Other payment arrangements acceptable to AM Hosting, LLC. may be arranged, along with an appropriate fee for special processing.

Late Payment: If credit card payments are not accepted by the credit card company, you may be charged a declined-card fee. If a payment is made after the due date, you may be charged a delinquency fee. If we have to disable your service (web site, dial-up access, server, or Internet connectivity) you may be charged a reinstatement fee. Sites may be disabled or disconnected when payment is fifteen (15) calendar days overdue, unless you have made acceptable arrangements prior to that date.

For most services the delinquent-payment and declined-card fee is $2, and the reinstatement fee is $5. For leased servers and co-location, the delinquent-payment and declined-card fee is $5 and the reinstatement fee is $20.

Pricing:

  • Set-up fees (only on Expert hosting plans, leased servers, and co-location service) and monthly recurring charges are described on our Web sites.
  • Optional services and their associated set-up and monthly recurring fees are also described on the Web pages offering them.
  • For account upgrades, there is no processing charge; you pay only the difference between the old and new plan.
  • Custom staff work is available for $65/hour on a case by case basis.

Acceptable Use Policy Violations: AUP violations are charged a clean-up fee of $65/hour, $250 minimum. There is a $35 fraud investigation charge for charge card fraud, and a $25 NSF check processing charge for returned checks. Charges are at AM Hosting, LLC's discretion, and forgiveness in one instance does not guarantee forgiveness in subsequent instances.

Fee Adjustments: We reserve the right to waive certain fees on a case-by-case basis. A waiver in one instance does not guarantee future waivers.

Communications by E-mail: For most matters, we communicate with you via e-mail. (Note to users of challenge/response mail systems such as Choice Mail: you need to white-list the domains "amhosting.com" and "hostrack.com" as we cannot respond individually to the challenges generated by these mail systems.) For urgent matters, such as disconnection due to apparent spam abuse, we will use the telephone number(s) you provide to call before we take action. To avoid unnecessary service interruptions and the fees associated with such interruptions, notify us immediately of any changes in any of your contact information.

Server Performance: We make every effort to keep our servers responding quickly to all requests, but we do not provide any warranty or guarantee for server response time or sustained network traffic rate. This specifically applies to any form of streaming protocol -- especially multimedia protocols -- on our shared-customer Web servers. We also reserve the right to interrupt long processing of Web pages on shared-customer servers, "long" defined as 60-120 seconds.

Limitations of Liability: The liability of AM Hosting, LLC. To you, the customer, or to any other person for direct, indirect, special, punitive, incidental, or consequential damages of any character that may rise from the use of our services by you or others, is limited to the amount paid by you, the customer, for the current term of service.

Changes and Alterations: We reserve the right to make changes to our Product Offerings, and to these Terms of Service, without notice. From time to time we will remove or modify specific functions on Web sites to deal with server and network integrity. Upon request, we will update your hosting plan to the limits specified on our web site, or to the original limits, whichever is greater.

Security and Passwords:

The customer is responsible for all use of the customer's accounts and confidentiality of passwords, including choosing safe passwords and ensuring file protections are set correctly. American Hosting, will suspend access or change access to customer's accounts immediately upon notification by customer that customer's password has been lost, stolen or otherwise compromised. American Hosting is not liable for any usage and or changes to customers hosting account for lost or stolen passwords. For any reason the customer requires passwords again because they either forgot them or lost them. We will require one of the following to be done.

1.     We can only send login and password to an email address listed on the original signup or latest update-contact form

2.     Supply the last four  digits of the credit card we currently have on file to bill the account

3.     Fax 2 forms of id that will match your current billing address, if you use a credit card for payment we will need a copy of it. People paying by check, we would need a copy of a check.

 

Credit/Charge Card Fraud and Charge backs:

AM Hosting, LLC. Does not tolerate Internet credit card fraud. We assume you submit your orders in good faith. We therefore expect that if there is a problem or question about your order, or payment for your order, you will call us at (775) 331-3319 first.

Charge card fraud is a crime. We expect charge card holders to deny a charge when he or she did not authorize a charge appearing on their bill - we do not expect a charge card holder to use the charge dispute process as an alternate way to close their account or show displeasure about support or services. The denial of a charge tells us that the charge was made fraudulently. We process fraud notifications using the following policy:

IDENTIFICATION: With every order submitted to us, we retain the date and time plus the IP (Internet protocol) address used by the person placing the order. This, plus our logs showing access, can uniquely identify the Internet customer's computer used to commit the fraudulent charge.

IMMEDIATE DISCONNECTION: Upon notification of a fraudulent charge, we will immediately disconnect or discontinue all services associated with the original order and order upgrades, and confiscate any and all equipment and data provided to use that is associated with the fraudulent order.

DENIAL OF FUTURE SERVICES: Fraudulent order information, including charge card information, will be added to our black-list database, to prevent further fraud. This information will also be shared with other service providers, credit reporting agencies, and law enforcement agencies.

If you are not satisfied with your purchase, or the service or support you are receiving, please call us at 1 (775) 331-3319 so we can resolve the problem. We have a good history of successfully resolving problems with our services and products. Or, you can contact us at billing@amhosting.com with your problems and concerns. That address is also a good place to start when reporting fraud involving charges to American Internet.

Acceptable Use Policies

AM Hosting, LLC has the responsibility to provide each of our clients with the best services we can provide to the best of our ability and expertise. Our policies are designed to maximize the availability of all advertised services to our customers. Including you.

Hosting accounts that violate our Acceptable Use Policies may be deactivated, without prior notice and without warning. We don't allow:

  • Inappropriate or Illegal Material: publishing or linking to pornography, obscenity, trademarks or copyrighted material without permission, virus and Trojan Horse software, "pirate", "hacker", "warez", and "P2P" file archives.
  • Deceptive or Fraudulent Material: publishing or linking to faux Web pages designed to deceive the reader to take inappropriate action (as opposed to parody), forged From: or envelope source in e-mail.
  • Display of Private Information: publishing or linking to financial information, Social Security Numbers, credit card numbers, bank account numbers, medical information, or other sensitive information about others.
  • UBE ("spam"): sending or relaying unsolicited bulk e-mail, using UBE, even if not sent from American Internet, to advertise (spamvertise) your site, providing any service to spammers such as mailboxes, smart-hosting, or Web sites.
  • Abusive Activities: Internet scans or monitoring of any kind, denials of service attacks, and any other activity designed to disrupt the enjoyment of the Internet by others.
  • Internet Relay Chat: scripts, bots, "egg drops", servers, or clients of any kind.
  • Account or Domain Identity Fraud: deliberately providing inaccurate information for contacts, billing, or WHOIS registration information.
  • Account Abuse: purchasing multiple accounts solely for the purpose of avoiding limits and charges for bandwidth, scripts that bypass our mail transport agents (MTAs) by using port 25/top.
  • Excessive Activities: use of more than 15 percent of server resources (CPU, memory, disk accesses), overly complex SQL queries, overloading our mail server(s) with large amounts of mail, or the unapproved use of background-running scripts on shared-customer servers
  • Excessive Bandwidth: use of more network bandwidth (sum of incoming and outgoing traffic) than is permitted by your hosting plan augmented by any excess-bandwidth purchase.
  • Inappropriate Use: using more than 33 percent of traffic or disk usage for file storage and transfer on shared-customer servers without prior permission.
  • Exploitable Server Scripts: any CGI script that can be hijacked for unintended purposes. The formmail.cgi and formmail.pl scripts are specifically prohibited, and are automatically disabled when found; we provide a secure formmail.php script for your use.
  • Any other material, use, or activity that American Internet determines to be harmful to its on-site system and facilities, its operations, its network, or to other Internet users.

If you are close to exhausting your bandwidth, additional bandwidth may be purchased at $3 per gigabyte for all but Expert hosting plans.

AM Hosting, LLC shall be the sole arbiter as to what constitutes a violation of these provisions. AM Hosting LLC's primary reference for making such judgments are the contents of this document, "Terms of Service and Acceptable Use Policies", and RFC 1855, released in 1999 and widely published and accepted by the Internet community. RFC 1855 is the "bible" for what is and is not proper behavior on the Internet. This informational RFC describes the accepted code of Internet conduct; AM HOSTING LLC expects its peers and its customers to observe the etiquette describes in all sections of RFC 1855.

At AM Hosting LLC's sole discretion, we may grant exceptions. You agree to indemnify and hold us harmless for any claim, lawsuit, or block-list publication that results from your publications, activities, or use of our services, and you further agree to reimburse all expenses incurred by American Internet because of your violations of our Terms of Service and Acceptable Use Policy. American Internet does not extend any warranty with regard to its service offerings; all products and services are offered on a "best-effort" basis. We are not required to give notice before deactivating your use of our services.

American Internet reserves the right to filter and block any or all incoming and outgoing e-mail by whatever technical means are available to us, including the use of "spam filters", blocking lists, and router ACL entries, to reduce the amount of UBE (spam) our customers see. American Internet reserves the right to remove any message-related mail file from any site storing mail on our servers.

American Internet reserves the right to filter and block any Internet protocol packets to and from our network, by any means, when in AM Hosting’s opinion such packets cause harm to our network, equipment, customers, or other users of the Internet.

The computers operated by AM Hosting, LLC. Are "protected computers" as defined in 18 USC 47 section 1030(e)(2)(B) and therefore subject to the protections provided in the "CAN-SPAM Act of 2003" passed by the United States Congress. All computers and network equipment operated by AM Hosting, LLC. Have access to accounts, services, and equipment by customers and other parties controlled by limited-purpose user interfaces and/or by authentication procedures using name and password/passphrase tokens. Access to all equipment and services is permitted only through these two access means. Access by means other than the limited-purpose user interfaces or authentication procedures is expressly forbidden and illegal under United States Federal law (18 USC 47 sections 1030 and 1037).

 

About Inbound E-Mail

AM Hosting, LLC. Is a private company located in Reno, Nevada supplying e-mail services under contract our customers AM Hosting has no "must carry" obligation with regards to e-mail delivery. We make an effort to deliver e-mail according to accepted Internet standards and practices, but make no guarantee that any particular e-mail will reach the intended mailbox. AM Hosting may, at its sole discretion, implement without notice additional measures to ensure the integrity of AM Hosting LLC's server and networks.

LIMITATIONS: AM HOSTING LLC accepts e-mail messages from peers with these limitations:

  • Mail messages conform to the RESTRICTIONS listed in the next paragraph.
  • Mail messages are limited in size to ten megabytes (10 MB). When mailing binary files, the limit in size of the original file is roughly seven megabytes (7 MB) before mail encoding.
  • The number of recipients is limited. Limits vary by system type, but are never less than 20. This include To: Cc: and Bcc: recipients.
  • AM Hosting LLC subscribes to several spam publications to assess the reputation of the sending server's IP address, and will refuse to exchange packets with peers with a history of RFC 1855 violations.
  • The sending mail server's IP address shall have a non-generic host name, accessible using the "in-addr.arpa." DNS zone.
  • The source IP address shall not be on the BOGON list (list of IP address space not allocated by an appropriate Internet numbering authority), or listed as "reserved" in RFC 1918.
  • The Subject line shall not have words and phrases common to UBE. This list is updated periodically.

 

RESTRICTIONS: AM Hosting, LLC  expressly invites users of peering systems to submit electronic mail to our systems, and to our customers using our systems for electronic mail, subject in general to the guidelines described in RFC 1855 (1995), and particularly to the following restrictions:

No Unsolicited Bulk E-Mail: Unsolicited bulk e-mail (UBE, colloquially "spam") shall not be sent to, from, or through any system or network operated by AM HOSTING LLC. This prohibition is not limited to commercial messages; non-commercial messages that meet the definition of UBE are also prohibited. This prohibition includes unsolicited bulk mail from political parties and candidates, not-for-profit organizations, school, universities, governments; in other words, any and all persons, organizations, companies, and corporations. Bulk E-Mail is considered "solicited" when the sender has positive confirmation from the recipient that the mail is welcome.

Electronic mail that meets the requirements of the CAN SPAM Act of 2003 can still be unsolicited bulk e-mail, and thus shall not be sent to or using AM HOSTING LLC servers and networks

No computer viruses: No mail containing virus programs, including but not limited to virus macros, images with executable content, "scrap", key loggers; or other content intended to disrupt ultimate recipient computer systems, shall be sent to, from, or through any system or network operated by AM HOSTING LLC.

No forgeries: All mail submitted to or through AM HOSTING LLC servers and networks shall accurately indicate the sender, the message's origin, and its path through the Internet from original sender to the AM HOSTING LLC receiving server. No false or misleading route information shall be included in any mail submitted to AM HOSTING LLC servers.

Respect delivery failure notices: When an AM HOSTING LLC server says that it cannot deliver a piece of mail, because the recipient address is invalid or the mail has been rejected per policy, and the same message is returned to the sender a number of times not to exceed five, senders shall remove that e-mail address from their list, address book, or files. Repeated sending to the same dead or blocked e-mail address is prohibited.

Reasonable volume: Senders shall limit their rate and volume of mail transmission to a level that does not overload AM HOSTING LLC's mail servers. Individual senders shall limit their aggregate mail transmission rate to AM HOSTING LLC servers to 3600 per hour.

Use published interfaces only: Senders shall use the published interfaces and well-known ports; senders shall not attempt abuse Web scripts to gain illicit access to the mail system of any AM HOSTING LLC server.

Legal threats: Any sender suing, or threaten to sue, AM HOSTING LLC because of its mail acceptance policies or technical implementation of those policies shall not send mail to, from, or through AM HOSTING LLC's servers and network.

Enforcement: AM HOSTING LLC shall use any and all available means to block acceptance of mail from senders unwilling to conform to RFC 1855 in general, and these restrictions in particular.

Sending mail to AM Hosting LLC servers indicates your acceptance of these terms.

 

To Report Abuse

Send all abuse reports to abuse@amhosting.com

 

AMHosting, LLC - 866-425-2035 - 775-331-3319 - support@amhosting.com
 
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