ACSi ISA Policy

ACSi INTERNET SERVICE AGREEMENT – (ISA)
APPLIES TO ALL OUR SERVICES

Please Read Carefully Before Using Our Internet Services.

1. INTRODUCTION

ACSi, provides Internet Web Hosting & Designing services (“Services”), to our clients and users who pay in full, payments and/or has monthly service fee to subscribe to our Services (“Clients”). By establishing an account with ACSi, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Use Policy and other policies or agreements.

2. SERVICE REQUIREMENTS

Clients must be at least 18 years old. The Services we provide are for a contractual period of One-year. Contracts are automatically renewed each year, unless we receive 60 days written notice. Current prices for ACSi´s Services are posted on our website. ACSi reserves the right to change prices and institute new fees at any time.

3. PAYMENT OBLIGATIONS OF CLIENT

  1. Clients must provide ACSi with complete and accurate billing information including company name (if applicable), legal name, address, telephone number, e-mail account/address and credit card/billing information, and notify ACSi of any and all changes to this information within thirty (30) days of the change.
  2. Clients having questions regarding charges to their account, should contact ACSi´s Support Department by logging in to your Account Management Portal, then creating a “support ticket”. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges more than 30 days old.
  3. For credit card accounts: Charges are billed to Clients credit cards or debit cards each month for the Services and any additional usage fees or Services. ACSi is not responsible for any charges (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by ACSi.
  4. If paying by check: Payments are due by the 1st day of each billing cycle. Late charges will apply if not received by the due date. Any NSF (Non-sufficient Funds) Checks will be billed an NSF charge of thirty ($30.00 ) dollars.
  5. If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. All extra charges billed by invoice will be due upon receipt.
  6. If you purchase any Services through a reseller, who then pays ACSi, the reseller must pay all amounts that are owing for your account. If the reseller fails to pay ACSi any amounts due, whether or not you have paid the reseller already, your account will be subject to cancellation or suspension until you or the reseller has paid all amounts due.
  7. Delinquent accounts may be suspended or canceled at ACSi´s sole discretion; however, charges will continue to accrue until the account is canceled by 60 days written notice. ACSi will bill an additional charge to reinstate a suspended account. Any account over thirty (30) days past due will no longer be available on the Internet, either web site or e-mail account/s or any other services client is currently using. PAST DUE & LATE FEES: If client is over thirty (30) days past due on ANY fees, included but not limited to: fees for web site programming/design, hosting, training, e-mail accounts, and/or ANY other fees or services. Clients services will not be accessible through the Internet to the public, until the account is PAID IN FULL. A late fees will be charged and a reconnect fee of $25 will apply.
  8. Monthly service fees may change due to size, complexity and additions to web site. Additional fees may be added to the clients bill on setup fee and service charges as pertains to Clients web site, for example if any custom work is done on a basic e-commerce templates or we are building your site using gpl software such as CMS. Additional charges may apply if the limit is exceeded for bandwidth usage per clients account, or any other charges that may apply. See pricing for more information under the “Service” tab Monthly fee may change if customer increases the hosting choice, adds e-mail accounts or bandwidth exceeds contract amount. If client is over 30 days past due the web site and e-mail accounts will not be accessible to the public, until the account is paid in full.

4. MEMBER’S ACCOUNT, PASSWORD, AND SECURITY.

Upon registration, Clients will receive a username and password for use with your section of ACSI´s Account Management Portal. You as our client and your associates of your business, if you are paying for a hosting account, are the only authorized users of your ACSi account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify ACSi immediately upon discovering any unauthorized use of your account. We are not responsible for any unauthorized use of your account.

Email is held on our servers for 60 days and we are not responsible for any lost e-mail due to deletion. Any Web site exceeding the space allotted to Client will be billed for additional space or may be suspended until the Client reduces the disk space usage to the space allotted. Client should call in to increase or add additional megabytes or space. Any Web site exceeding the traffic limits for such Client will be billed for excess traffic. You may change or increase your bandwidth or space allotted by contacting our support department through your control panel, by creating a “support ticket”.

ACSi may change its POP accounts at any time. Usernames, passwords and email addresses are ACSi´s property and ACSi may alter or replace them at any time. This rule applies if client is using our e-mail domain names for an email account or access, or is required to maintain clients account.

5. MONITORING THE SERVICES

ACSi has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if ACSi, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Clients. Please see our “ACSi Privacy Policy”. ACSi may immediately remove your material or information from ACSi´s servers, in whole or in part, which ACSi, in its sole and absolute discretion, determines to infringe another´s property rights or to violate our “Acceptable Use”. See item 13 as well.

6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY ACSi, ACSi HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY INTERNET MATERIALS. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. CLIENT ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE INTERNET AND THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE INTERNET.

THE SERVICES ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. ACSi DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACSi MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ACSi OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY ACSi OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ACSi AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, ACSi?s CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

ACSi will not be responsible for losses, costs, damages, expenses incurred, server down time, loss of data and unsecured transactions or miss typed error or mistakes; as well as incidents to Client’s web site due to flood, fire, earthquake, power outage, down communication lines, data non-delivery, data miss-delivery, theft, acts of God, or any other accident or incident that is not the result of actions by ACSi. In any such event, ACSi shall continue to perform all SERVICES to the extent reasonable under the circumstances. We will not host nor design any web pages that contain pornography, profanity and anything that disregards business and family values. All prices are subject to change without notice. System maintenance will be performed during scheduled maintenance hours, normally done between the 12:00am – 5:00am. This is done approximately once a quarter, except for emergencies.

7. OWNERSHIP RIGHTS

Consultant and Client agree that all Work Product, Web Sites, Web Pages and etc., created solely or jointly by Consultant, its employees, associates, or subcontractor, arising from work performed hereunder, or previously conceived in anticipation of consulting work to be performed in regard to Client’s engagement of Consultant, shall be deemed the property of CLIENT only after full payment is received by ACSi, EXCEPT all template based and backend databases, such as e-commerce addon engine, CMS addons, wordpress addons, php, C, Perl, Linux or any other custom made programming databases are ownership of ACSi and will remain with ACSi. There is a transfer fee if the CLIENT wants to transfer the web site to another hosting company. The custom programs and databases are built into our servers and are part of our server engines and will remain with ACSi. HTML clipboardWhen Internet Services and Browsers change, so does our server’s OS and Security. When this happens, some of our custom databases will break. If you, our client are have problems do to changes in Internet base technology, ACSi will not fix, rewrite and develop your website for free. There is a hourly fee for all programming work. It is the client responsibility to notify ACSi of a program issue.

8. USAGE OF ACSi WEB SITES

You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked “ACSi Web Hosting & Designing”, (b) with the link must be pointed to the URL http://www.acsihost.com or (a) the link must be clearly marked “ACSi Search Engine”, and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by ACSi , (e) the link, when activated by a user, must display this Web site full-screen and not within a “frame” on the linked Web site, and (f) ACSi may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by ACSi.

Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by ACSi. ACSi assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold ACSi harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will not hold ACSi responsible for any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. ACSi will have no liability arising from use of that information. You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages, except for the business card section of ACSi’s web site. We may at our discretion delete or prevent any postings on the business card section of ACSi’s web site. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.

When you are posting material on the Web site or providing material to ACSi to use on the Web site will be deemed to be a grant from you to ACSi of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

9. TERM OF AGREEMENT

Clients continued use or initial use or beginning usage of our Services constitutes acceptance of this Agreement and all other agreements by ACSI in regard to customer usage and/or web site hosting and designing and/or email, and any future versions or revisions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account. The acceptance of this agreement, deems you agree to the One-year contract. The Services we provide are for a contractual period of one-year. Which automatically renews, unless we receive 30-day written cancellation notice, see item 10 TERMINATION for more information. Otherwise, this Agreement shall automatically renew form year to year for a period of one-year during each renewal period.

10. TERMINATION

Do you charge web hosting cancellation fees?

There are no charges to cancel your web hosting service, and you can do so at any time: you are not locked into any fixed-term contract.

ACSi doesn’t believe in holding our customers hostage. Even if you choose to prepay your hosting fees for a year, you will receive a refund for the unused portion if you cancel before the year is up. Cancellation requests must be submitted prior to the 1st of the month. Cancellation requests submitted after the first will incur the charge for the entire month and will then be canceled at the end of the month. No prorating.

Keeping your domain name after canceling web hosting
Keep in mind that if you cancel your web hosting service with us and keep the domain name for example, because you’re planning to use the domain name with another web hosting company, we’ll switch your account to our “domain name only” plan.

If you signed up for a free domain name for hosting with us. You will need to pay for the domain name in order to keep the domain name in your name or to transfer to another hosting company. The domain name is locked and held under ACSi controls until paid for. The domain name fee only applies if you want to keep the domain name when you cancel your hosting service. If you decide you want to stop using the domain name completely, there is no fee at all.

Charges accrued prior to your actual termination date will be owed and the responsibility of Client, through that month, even if you receive a cancellation confirmation. If your account included space on ACSi’s servers, anything stored on this space will be deleted upon termination, on termination date.

Without prior notice, ACSi may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if ACSi, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. ACSi does not provide notification of termination. You will need to contact us via support ticketing to inquire as to reason for termination to satisfy any accounting or website concerns.

As much as we hate to see a customer canceling their hosting account with ACSi, the cancellation process is very simple.

As per our Policy at cancellation requests must be submitted prior to the 1st of the month. Cancellation requests submitted after the first will incur the charge of the entire month and will then be canceled at the end of the month.

To cancel you can submit a support ticket to the Accounting Dept. by logging into ACSi at Account Management Portal.

In order to cancel the service we will need to obtain one of the following pieces of information for verification purposes:

1) username & password
2) billing email address & password
3) last four digits of credit card on file

The reason that we require this information is for verification purposes. Since ANYONE at your company can submit a support ticket, it is important that we verify that the request for cancellation is legit. If you do not provide accurate information, we are unable to process the request.

Cancellation requests submitted through Online Chat or any other method can not be honored – you MUST submit a support ticket.

All support issues or questions will only be supported through ACSi support ticketing system. Customers will need to create a ticket for all their issues / support needs. To do this, login to your ACSi Control Panel, and at the top of the page. Support tickets are answered in the order receive. You will be able to see open and closed tickets, as well as see past history tickets.

Sections 3, 4, 6, and 11 of this Agreement shall survive termination of this Agreement.

11. JURISDICTION

This Agreement is governed by Georgia law without regard to conflict of law provisions.

The federal and state courts located in Georgia alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Georgia with respect to such matters or otherwise between you and ACSi, and waive your rights to removal or consent to removal.

12. MISCELLANEOUS

Relationship of the Parties: The parties intend that the relationship between them created under this Agreement is that of an independent contractor only. ACSi is not to be considered an agent or employee of the Client for any purpose. The manner and means of performing the Services are subject to ACSi?s sole control.

All template based e-commerce and back-end databases, such as E-commerce engine, WebCar Manger engine, php, C, Perl, Linux or any other custom made programming databases that?s built into our engines are ownership of ACSI and will remain with ACSI.

This Agreement, the Acceptable Use Policy, the Privacy Policy, and ACSi?s other user policies posted on ACSi?s Web site constitute the entire agreement between you and ACSi with respect to your use of the Services.

ACSi may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on ACSi’s Web site and/or on Member’s start pages and/or by email and/or in our various publications and mailings to Clients.

13. DIGITAL MILLENNIUM COPYRIGHT ACT

This information provided by ACSI is not intended to be legal advice, but merely conveys general information related to this legal issue. This act covers copyright infringements liability for transmitting, routing, and providing connections to infringing material (“transitory digital network communications”), system caching, information stored by a user, or linking or referring users to infringing material. The access of subscribers or account holders may be terminated if they post or make available infringing content. Service Providers are required to disable access to or remove in good faith allegedly infringing material. For notification, counter notification and procedures for removing or blocking access to content alleged to be infringing notify us at [email protected], have subject line read Digital Millennium Copyright Act.