Adult Hosting Only Terms Of Service and User Agreement

All users of Adult Hosting Only’s services, and all customers upon signing up for Adult Hosting Only’s services, agree to comply with Adult Hosting Only’s Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Adult Hosting Only’s services with due regard to the rights of other Internet users and in conformity with the requirements of Adult Hosting Only’s network environment. The TOU are not exhaustive and Adult Hosting Only reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.Adult Hosting Only or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent toabuse@Adult Hosting Only. Except when expressly agreed to the contrary in writing by an authorized representative of Adult Hosting Only, this TOU supersedes any other agreement with Adult Hosting Only, whether written, oral, by conduct, or otherwise.

B. Adult Hosting Only Dedicated Server Customer Restrictions

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Adult Hosting Only will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Adult Hosting Only’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Adult Hosting Only server, and selling or distributing software (on a Web site residing on a Adult Hosting Only server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Adult Hosting Only reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Adult Hosting Only does not permit CGI script sharing with domains not hosted by Adult Hosting Only or any scripts that may be abused for UCE purposes.

Adult Hosting Only does allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore all bandwidth overages incur a .40 a gig fee.

Adult Hosting Only may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Adult Hosting Only Support by emailing support@adulthostingonly.com.

Adult Hosting Only does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Multimedia files are defined as any graphics, audio, and video files. Adult Hosting Only Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files

Any database stored on Adult Hosting Only’s Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/Web hosting account.

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

Adult Hosting Only allows Dedicated Server customers the use of IRC inside the Adult Hosting Only network as long as the use of IRC on a Adult Hosting Only server does not violate any of the other terms of these TOU. As a policy, Adult Hosting Only will not provide vanity IRC reverse DNS records. To enforce this policy Adult Hosting Only does not turn the reverse address of IPs over to the customer. Authority over this information remains with Adult Hosting Only.

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 4 consecutive months or more shall be deemed abandoned and Adult Hosting Only shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Adult Hosting Only’s customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Adult Hosting Only server, and selling or distributing software (on a Web site residing on a Adult Hosting Only server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Adult Hosting Only reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Use of Adult Hosting Only’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Adult Hosting Only’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Adult Hosting Only customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Adult Hosting Only customer (per the DMCA) to Adult Hosting Only must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Adult Hosting Only’s sole discretion.

The use of Adult Hosting Only’s services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Adult Hosting Only is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Adult Hosting Only is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Adult Hosting Only urges its customers to assume that all of their on-line communications are insecure. Adult Hosting Only cannot take any responsibility for the security of information transmitted over Adult Hosting Only’s facilities. Additional details on privacy and Adult Hosting Only’s use of customer information can be found in Adult Hosting Only’s Privacy Statement located here.

Customers are required to use the Adult Hosting Only network responsibly. This includes respecting the other customers of Adult Hosting Only. Adult Hosting Only reserves the right to suspend and/or cancel service with any customer who uses the Adult Hosting Only network in such a way that adversely affects other Adult Hosting Only customers. While Adult Hosting Only may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Adult Hosting Only does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Adult Hosting Only becomes aware of any violation of the TOU or other user agreements, Adult Hosting Only may take any action to stop or correct such violation, including, but not limited to, denying access to Adult Hosting Only’s services and equipment or to the Internet. In addition, Adult Hosting Only may take action against a customer or a customer of such customer because of the activities of such customer. Adult Hosting Only anticipates that customers who offer Internet services will cooperate with Adult Hosting Only in any corrective or preventive action that Adult Hosting Only deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Adult Hosting Only policy and Adult Hosting Only reserves the right to take any such action even though such action may affect other customers of the Adult Hosting Only customer.

Adult Hosting Only customers agree to protect, defend, hold harmless, and indemnify Adult Hosting Only, any third party entity related to Adult Hosting Only (including, without limitation, third party vendors), and Adult Hosting Only’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Adult Hosting Only’s services.

The Adult Hosting Only service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Adult Hosting Only expressly disclaims any representation or warranty that the Adult Hosting Only service will be error-free, secure or uninterrupted. No oral advice or written information given by Adult Hosting Only, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Adult Hosting Only and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Adult Hosting Only may immediately terminate provision of Adult Hosting Only’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Adult Hosting Only in such event.

Adult Hosting Only may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Adult Hosting Only’s services. Certain changes to Adult Hosting Only’s services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Adult Hosting Only is not liable, for any and all such personalized applications and content, except as expressly agreed to by Adult Hosting Only.

Except where Adult Hosting Only has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Adult Hosting Only is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Adult Hosting Only services.

Adult Hosting Only makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Adult Hosting Only makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Adult Hosting Only specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Adult Hosting Only liable in any way for the revocation of any license, which has been licensed to Adult Hosting Only. The use of the Technologies obtained from or through Adult Hosting Only, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Any mention of non-Adult Hosting Only products by Adult Hosting Only, its employees, or any third party entity related to Adult Hosting Only is for information purposes only and does not constitute an endorsement or recommendation by Adult Hosting Only. Adult Hosting Only disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Adult Hosting Only products or services.

Customers will not, without Adult Hosting Only’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Adult Hosting Only’s Web site, and customers will not use any of Adult Hosting Only’s trademarks, service marks, copyrighted materials, or other intellectual property without Adult Hosting Only’s express written consent. Customers will not, in any way, misrepresent their relationship with Adult Hosting Only, attempt to pass themselves off as Adult Hosting Only, or claim that customers are Adult Hosting Only.

Customers may not assign or deleAdult Hosting Only their rights or obligations under the TOU or other agreement for Adult Hosting Only’s services, either in whole or in part, without the prior written consent of Adult Hosting Only.

Adult Hosting Only customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Adult Hosting Only customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Adult Hosting Only services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Adult Hosting Only’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Adult Hosting Only’s services will be deemed null and void to the extent that Adult Hosting Only will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Adult Hosting Only’s services.

The TOU, and any other agreement for Adult Hosting Only services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Adult Hosting Only will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Adult Hosting Only agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Adult Hosting Only will not be liable for delays in its performance of the TOU or Adult Hosting Only services caused by circumstances beyond Adult Hosting Only’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Adult Hosting Only will make reasonable efforts to reduce to a minimum and mitiAdult Hosting Only the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Adult Hosting Only services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Adult Hosting Only.

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Adult Hosting Only and its customers. Each of Adult Hosting Only and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

 Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

The TOU, and/or any other specific agreement for Adult Hosting Only services, constitutes the complete understanding and agreement between Adult Hosting Only and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Adult Hosting Only, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Adult Hosting Only services is between Adult Hosting Only and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Adult Hosting Only.

 For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Adult Hosting Only or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Adult Hosting Only provides the particular Proxy Services, then Adult Hosting Only reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Adult Hosting Only reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Adult Hosting Only’s receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Adult Hosting Only as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.

All charges are shown in US Dollars. Payments are to be made in US dollars. Adult Hosting Only accepts the following types of payment:

AlertPay

PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Adult Hosting Only your credit card information, you authorize Adult Hosting Only to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Adult Hosting Only’s Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Adult Hosting Only will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Adult Hosting Only, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Adult Hosting Only offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.

In order to insure uninterrupted service to your Website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Adult Hosting Only does not mail paper invoices or statements. Statements can be viewed and printed through CPanel. Customers may elect to receive their monthly account billing statement via email. This option may be selected in CPanel.

 Adult Hosting Only does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Adult Hosting Only or the amount credited to your account will be less than your intended payment.

Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if Adult Hosting Only restores your data files to your reactivated account. Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.

Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee. Account Splits and Mergers Adult Hosting Only encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Adult Hosting Only separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to Adult Hosting Only’s Billing Support Team by emailing us at billing@adulthostingonly.com

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Adult Hosting Only’s Billing Support Team by logging into your account at https://CPanel.Adult Hosting Only/ and clicking on Contact Us Please be aware that there are no pro-rated refunds after the first 30 days of service. Cancellation requests must be received by Adult Hosting Only a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Adult Hosting Only. Adult Hosting Only is unable to cancel your account effective for a future date. Adult Hosting Only will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Adult Hosting Only as soon as possible.

Each of Adult Hosting Only’s shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

 Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Adult Hosting Only has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Adult Hosting Only’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

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