Terms and Conditions

AC Works' Geo Redundant Hosting Agreement (v. 2007-07)

This AC Works LLC ("ACW") Geo Redundant Hosting Agreement (this "Agreement") govern your purchase and use of all ACW's Geo Redundant Hosting services (collectively, the "Services"), as described in the Order Form(s) submitted by you and accepted by ACW. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON DURING THE PURCHASE PROCESS, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. ACW may modify any of the terms and conditions contained in this Agreement, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the Geo Redundant Hosting web site (the "Site"). You agree to monitor the Site in order to ensure that you are aware of any changes in this Agreement. Your continued use of the Services following ACW's posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify ACW of your termination of this Agreement in the manner described in this Agreement.

Term of Agreement

This Agreement will become effective the date the Services are first provided by ACW and will end when terminated per the provisions in this Agreement.

Terminating the Agreement

This Agreement may be terminated: (i) by you by giving written notice of termination if your account is still within the 30 days money back guarantee period; (ii) by either party, at any time by giving 10 days written notice of termination; (iii) by ACW in the event of nonpayment by you; and (iv) by ACW, at any time, without notice, if, in ACW's sole judgment, you are in violation of any terms or conditions of this Agreement. ACW shall be entitled to full payment for Services provided prior to the effective date of termination.

Terms of Payment

You agree to pay all charges for your use of the Services at the then current ACW prices. You further agree that you are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on ACW's net income.

Unless another form of payment has been previously arranged, you shall provide ACW credit card information which will be kept on file. When Services are first ordered, ACW will bill the credit card a prorated amount to cover from the date the Services are first provided to the end of that month. ACW will then bill the credit card on, or around, the 1st of every month for services to be provided in the upcoming month and any overage charges for the previous month.

Refunds and Disputes

With the exception of hosting payments covered by ACW's 30 day money back guarantee, all payments to ACW are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ACW's sole discretion, is a valid charge under the provisions of this Agreement, you agree to pay ACW an "Investigation Fee" of $100.00.

30 Day Money Back Guarantee

If you are a new customer and for any reason you are not completely satisfied with our service during the first of 30 days you can cancel your account as provided in the "Terminating the Agreement" section of this Agreement and request your money back for the hosting services. This excludes any setup and overage charges. Also, we are unable to issue refunds on any SSL Certificates or Domain Names that may have been purchased thru us because you will still in fact own them and they are issued by 3rd parties. You can, however, transfer them to any other host. We also reserve the right to refuse a refund if your account has been terminated due to a violation of any of the provisions of this Agreement, such as hosting questionable material or spamming.

Liability

You agree to use all ACW services at your own risk. ACW shall not be liable to you for any loss, damages, or expenses resulting from ACW's services under this Agreement. You will indemnify, defend, and hold harmless ACW against all liabilities, damages, and expenses, including reasonable attorney's fees, resulting from any third-party claim or lawsuit arising from ACW's performance under this Agreement.

Enforcement Actions

ACW reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of ACW your account is the source or target of any violation of the provisions of this Agreement or for any other reason which ACW chooses. If inappropriate activity is detected, all of your services in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate ACW to monitor or exert editorial control over the information made available for distribution via the Services. If ACW takes corrective action because of a possible violation, ACW will not refund to you any fees you paid in advance of the corrective action.

Disclosure Rights

The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that ACW may disclose any and all of your information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, ACW shall have the right to terminate all service set forth in this Agreement.

Applicable Law

This Agreement will be governed by the laws of the state of New Jersey.

Exclusive Agreement

This is the entire Agreement between ACW and you.

Service Level Agreement for Shared Hosting Services

General Overview of the Geo Redundant Platform:

To completely remove a single point of failure, each shared hosting website will be in a cluster made up of at least two servers that are as much as 1,000 miles from each other. One of the servers is designated as the primary server for a given website and will be responsible for serving all requests. ACW's proprietary software continuously mirrors web content and MS SQL Server data to the other server(s) in the cluster. In the event that the primary fails, the DNS will be changed to direct traffic to the standby server.

Uptime Guarantee:

ACW guarantees that all shared hosting websites will be available 99.9% of the time in any given month. This excludes scheduled downtime for maintenance upgrades and patches. Although ACW will make a reasonable effort to continually monitor the shared hosting website, downtime will be measured from the time the trouble is reported by you to the time the shared hosting website is once again able to serve requests. In the event your website is down for more than a cumulative 45 minutes for a given month, ACW will, upon request, grant you a credit of 10% of your monthly hosting charges for that website per additional hour of down time (up to 100% of your's monthly fee for the particular shared hosting website).

Backups and Loss of Data:

ACW will backup shared hosting website's content and MS SQL database nightly. Sunday backups are archived for four weeks resulting in up to four backups available for recovery. Although this significantly increases system reliability and virtually eliminates the possibility of data loss ACW does not guarantee that a usable copy of a deleted, altered, corrupted or otherwise unusable file or database will be available in the backups. You will not be entitled to any form of compensation from ACW in the event of loss of data.

Support:

ACW will support all features offered to you as part of the Services, including email, FTP access and general connectivity issues. ACW does not provide support for the installation of paid, open source, or custom code (ASP, .NET, etc.) with this agreement.

Resource Limits and Overage Charges:

Each shared hosting website is purchased with a specific amount of hard disk space and bandwidth which is shared among the email, FTP, the sync process and web hosting services. ACW will provide you total usage for the current month upon request. If a shared hosting website exceeds its hard disk space or bandwidth limit you may be billed for overages in the next billing cycle at twice the pre paid rate. You should strongly consider pre paying for additional resources if a given shared hosting website regularly exceeds the limit.

Acceptable Use Policy

Security:

You are solely responsible for any security breaches affecting services or accounts under your control. If your account is responsible for or involved in an attack on or unauthorized access into another account or system, ACW will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting ACW or any of its other customers.

Server Abuse:

All shared hosting websites will be in a shared environment and other server resources, such as CPU and memory, are shared among all applications on a given server. ACW will monitor the overall health and performance of each server. You agree that ACW may disable any shared hosting website or application that it deems to be causing an adverse effect on overall server, system or network performance without prior notice to you.

SPAM:

ACW does not allow SPAM to be sent from our servers. You agree that ACW may disable any shared hosting website or application if, in ACW's sole discretion, it is determined that has been involved in such activity. This includes SPAM sent from third party systems which make reference to a domain hosted in ACW's servers or network.

Content:

All services provided by ACW may be used for lawful purposes only. ACW does not allow any adult content on any of its servers. You agree that ACW may disable any shared hosting website or application if, in ACW's sole discretion, it is determined that it is in violation of ACW's Content policy.


Testimonials:

"My experience with AC Works has been nothing short of tremendous. The technical support is excellent, and I have experienced no down time for my web sites in over two years of service."

~ Tom Stypulkoski, President
Kinesics LLC

"[AC Works] has been hosting multiple web sites for us for over a year and during that time we've never experienced any down time. We are very happy with the reliability of their service."

~ Doug Hughey, COO
Advance Design Interactive

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