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Terms of Service
Advanced Visual Technologies offers an internet based service and provides domain registration and web hosting. Domain registration is done through accredited domain registrars. In some cases it is possible that someone else may register your domain name before we do. We accept no liability for this or any other circumstances that may result in this failure. In which event, a refund will be issued unless if you request another name instead.
Advanced Visual Technologies reserves the right to refuse service to anyone at any given time for reason(s) of infringement of copyrights or any other reason(s) at its sole discretion. Advanced Visual Technologies also reserves the right to suspend or terminate an account for violation of this TOS at any given time at their sole discretion without prior notice.
SERVICE USAGE POLICY
Advanced Visual Technologies does not allow any of the following content to be stored in the web hosting space (ftp space included) that you are provided with;
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Adult Material may be stored and published as long as is its content remains legal. Non-Acceptable Adult Content includes, but is not limited to, Child pornography, Incest and Beastiality. You may also NOT link to and/or provide information about such content. We reserve the right to cancel your account without notice and without refund, should you be found violating this rule.
Warez and malicous software - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, trojan horses, viruses, spy-ware, malware,etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
Spam (unsolicited bulk e-mail) & Undesirable E-mail Services - No spamming is allowed. We reserve the right to cancel anyone spamming immediately and without refund. We also reserve the right to cancel without refund, anyone who causes our company to be blocked by any e-mail service - this includes selling bulk-emailing software and/or e-mailing lists.
If you are found to be engaging in any of the above activities then your account will be terminated without warning and you will not be entitled to any refunds that you would otherwise have been entitled to on leaving/canceling your account with us.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Advanced Visual Technologies may at any given time implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available Advanced Visual Technologies reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of servers on which your site will be hosted or any other servers with which your site is associated with.
Chat Server - We currently do not allow IRC or IRC bots to be operated on our servers.
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although Advanced Visual Technologies reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
For annual accounts, payment is due each anniversary year of the date the account was established. Customers will be expected to renew their account at the end of their prepay period.
In situations where the account holder does not renew his/her account (whether yearly or monthly) Advanced Visual Technologies will terminate the service after 3 days of payment being past due. Advanced Visual Technologies does not guarantee that terminated sites will remain intact on our servers.
In addition, Advanced Visual Technologies reserves the right to suspend other services by the same customer with an outstanding balance, until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer submits a cancellation form. No other method whether written or verbal will be accepted for cancelling an account.
Advanced Visual Technologies reserves the right to suspend a client's domain if no response is received from the client within 7 days of the renewal notice. This is to ensure that the client's contact information is correct and prevent termination of client's account due to incorrect or outdated contact information.
No bills or invoices will be sent by regular (postal) mail. All invoices will be sent directly to customers via email after the online purchase has been made.
RESELLER RESPONSIBILITIES
A reseller is financially responsible for the fees related to his resold virtual hosting accounts, and understands that he is free to charge his customers whatever he choose. A reseller will handle all support and billing duties related to his accounts, and in no event will his customers be given direct access to Advanced Visual Technologies's email addresses. (Nor under any circumstances will Advanced Visual Technologies contact the resellers customers.)
Reseller support inquiries only are to be initiated via email to
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Advanced Visual Technologies will make a diligent effort to resolve any problem related to hardware or supporting software.
The reseller agrees to take full responsibility for all taxes and fees of any nature associated with products and services sold from his accounts. Advanced Visual Technologies shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the resellers or his customer's use of server.
The reseller agrees that this service may be utilized only for lawful purposes, and has read and agreed to the "terms of service". The reseller agrees to indemnify and hold harmless Advanced Visual Technologies from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) arising from his or his customer's usage of the service in violation of these terms of service.
The reseller agrees that in the event that Advanced Visual Technologies may at any time believe that the service is being utilized by his or his customers in violation with the terms of service, Advanced Visual Technologies may immediately discontinue such service without liability or refund of unearned prepaid service fees.
The reseller acknowledges that Advanced Visual Technologies makes absolutely no warranties whatsoever, express or implied with respect to the service to be provided. As a result, I agree that Advanced Visual Technologies shall not be liable for any claims or damages which may be suffered his or his customers, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, nondeliveries, or service interruptions caused by the fault or negligence of Advanced Visual Technologies.
DEDICATED SERVER CLIENT RESPONSIBILITIES
Dedicated server clients are allowed to host adult content as long as it is legal. DDoS attacks or any other attacks launched from within our servers or against our servers will result in your account being terminated. What you cannot host are: No IRC or related processes. No cracked/pirated software, illegal mp3s, virus/trojans (nor can you link to it). No P2P programs (eg bitorrent). No illegal pornography (eg. kiddie porn). Any user in violation of this policy will have their server suspended and asked to remove it. Failure to do so will result in account termination.
Advanced Visual Technologies promises to have your website/server up 98.5% of the month. This excludes all scheduled maintance, reboots, self inflicted downtime, acts of god, backbone issues, DDoS, and hardware failures. For accurate uptime monitoring please use a third party monitoring system.
Advanced Visual Technologies provides 100 MBPS ports for all servers, however anyone continually bursting over 30 MBPS for more than 2 hours will be warned. Repeated abuses will result in a $50 fine and a cap on the server in question. We try to provide the best speed possible but there are other customers on the switches and you should respect them by not repeatedly using all the available throughput and causing them problems.
Advanced Visual Technologies will replace free of charge any faulty hardware. In the event of self inflicted damage (backing up to main drive etc) you may be held liable for replacement parts and labour.
CANCELLATION AND REFUNDS
Advanced Visual Technologies reserves the right to cancel services at any time. In this event that this cancellation is not due to a violation of the terms of service, customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Advanced Visual Technologies service usage policy and or our terms of agreement a refund will only be issued at our discretion.
Customers may cancel their account at any time. Any incentives or "promotional gifts" offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.
All accounts, with the exception of monthly reseller accounts, are on an annual contract. No refunds will be given for early termination.
INDEMNIFICATION
The customer agrees that any domain name registered by Advanced Visual Technologies on his/her behalf is to the best of their knowledge NOT in violation of any trademarks or any other statutes.
Customer agrees that it shall defend, indemnify, save and hold Advanced Visual Technologies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Advanced Visual Technologies's owners, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, agents, employees or assigns of the owners of Advanced Visual Technologies. Customer agrees to defend, indemnify and hold harmless Advanced Visual Technologies owner/s against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Advanced Visual Technologies. (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Advanced Visual Technologies.
DISCLAIMER
Advanced Visual Technologies will not be responsible for any damages your business may suffer. Advanced Visual Technologies makes no warranties of any kind, expressed or implied for services we provide. Advanced Visual Technologies disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, server malfunctions, missed backups, non-deliveries, wrong delivery, and any and all service interruptions caused by Advanced Visual Technologies's proprietors and their employees. Advanced Visual Technologies reserves the right to revise its policies at any time.
PRIVACY POLICY
Advanced Visual Technologies will not give, trade, or sell any information collected from end-users to any outside companies or individuals.
All information Advanced Visual Technologies collects is confidential.
In conslusion, Advanced Visual Technologies regards enduser privacy to the fullest and guarantees that all of your private information will remain private at all times.
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Intros
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Advanced Visual Technologies
specializes in the design and development of online and multimedia solutions, including
the design of original and creative web design, the design of multimedia and print medium presentations, and the development
of innovative e-commerce solutions and custom software applications. |
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