GENERAL

You authorize Affordable Net Solutions, Inc.or Affordable Graphic Solutions, Inc., known herein as "ANS, AGS, Our Company or the like", to register/transfer your selected/listed/specified domain name(s) DNS routing to one of our servers for hosting. The name and/or organization shall be known herein as the "Client". Client may be referenced in other terms such as you, your, they, etc. also.

HOSTING

Hosting, simply put, is an allotted storage space on a system connected to the internet and active at all times.

UPTIME The server is up at all times 24x7x7. There are times when servers need maintenance. Some companies go further to have 99% uptime guarantee. What that means to clients, is they have the right to be down for up to 1% of the time  The figure changes with whatever time frame the figure is based. EG: days, weeks, months, annually, etc.. Whatever time frame they choose to use, you get different numbers. Some use 99% uptime for annual purposes. Basically you can be down for days with no recourse to them. They can be down for about 24 minutes per day and have a 99% uptime. 12 hours downtime per month is within 99% uptime. ANS will not insult any customers intelligence with false guarantees as such. We will be up and working 24x7x7 if at all technically possible. To date our downtime has been almost nonexistent. ANS experienced a whole day of outage due to a processor fan hardware failure one time about 5 years ago. That was the worst we have ever had. It happens. Since then we had three reboots for an unresponsive server this year fixed within 30 minutes. Nothing really major yet, so overall I will honestly grade our servers reliable.

Yes, we have had slight downtime in the past. You can experience downtime when needing to maintain the servers software base. When some updates for security are patched, the server must be rebooted. If all goes well, the server is down for about 60 seconds. If there is a problem, we usually have it fixed within a few minutes. The time frame in which these upgrades occur depend greatly on the severity of the security flaw. If it is high security, we do it as soon as it comes out. If it is not severe, we try to do all maintenance extremely late at night, generally at or after midnight to avoid any of the US customers daily activities and/or emails. During such time as an email is sent to you and the server is unreachable, your email is not simply returned undeliverable. It actually is held for future delivery time by the sending server. The sending server will attempt to deliver it to you every hour for up to 7 days. Rest assured nothing just vanishes without cause.

STORAGE You are paying for storage space on the ANS owned server. The storage space varies from site to site and the price increases with the more storage or features you require. Database connectivity is another feature that can cause extra fees to be needed. SSL certificates for domains needing SSL are a higher fee due to our only allowing a max of 7-10 SSL sites per server. Your bandwidth is another calculation of how much to charge. We place and move accounts from server to server to "load balance" all of the accounts. Overloading a server can cause connection refusals to your visitors. We typically do not charge extra for bandwidth usage unless it is causing trouble with other accounts on the server. We like to see people do well, no sense in punishing you for doing well. In some circumstances, we may promote your account to a lesser filled server and increase your hosting package for more usage. We may or may not need to charge more. You would be notified of any such changes before they are made and agreed to.

HOSTING FEATURES Your account comes with a control panel to manage your account. You can control the following: EMAIL- Add remove, webmail, Email forwarding, Default address, Auto Responders, Filtering, Forwarders, Tracing, and Spam assassin. WEB/FTP STATS - AWStats, Visitors, Bandwidth, Error log, Raw log, and Raw log management. CGI SCRIPTS - Preconfigured scripts to install and use at your own risk and support. FILES - file and disk space management. FANTASTICO - More preconfigured scripts to install and use at your own risk and support. FTP -  SITE MANAGEMENT - Backups, Web protect, Password management, Error pages, Redirects, Frontpage Extension management, Search engine submit tool, and more. SUBDOMAINS - manage sub domains, parked domains and add-on domains. DATABASE - Manage databases and phpMyAdmin. There may be more features added in later, but features can also be added, removed or modified with little notification if security issues arise. You use all features at your own risk. The scripts and Fantastico software are really not hard to install. They can be used with little knowledge about them. They come with documentation of what and how to use them.  It is your responsibility to keep the software upgraded to current builds if they have new releases. It it was installed with Fantastico, the server may update it automatically when new releases come out. Keep records of your configuration files you changed or modified at install. You may need to sometimes redo some configuration process if the new version changes a file you had modified. Some of these applications can upgrade themselves. Most applications are easily installed, removed and/or replaced. Please keep in mind we may use these features ourselves, but do not extend any free support for them.  If you do require help, we can assist for an hourly support fee.

EMAIL STORAGE Your email capacity is part of your storage calculations at present. If you are on a 25 meg plan and have a site that is 20 megs, that leaves 5 megs for emails remaining. Checking mail throughout the day with the delete from server when retrieved will help. Once the account is at its quota, any files or emails too large to be sent are held for up to 7 days. The server will continue to attempt delivery and eventually rejected if left unresolved beyond 7 days. We check this frequently. The best rule of thumb is have some expansion in mind. Attachments are the killers of space where as regular emails are just small text files. Consider or consult with us to best determine your needs.

If you may be out of town for a while, you may use the Webmail feature. Webmail basically reads the mail file live on the server and has the ability of editing it. Emails must be deleted and purged to really be gone. When you use Outlook , Outlook Express or the like, the program by default, downloads all of the mail to your computer and deletes it from the server. You have the only copy of the emails then. Webmail will leave the mail on the server adding to the storage until full. It is important to delete unwanted emails and keep on top of it. If you need more storage temporarily while away, we will grant you this. Upon returning, your outlook or such program should be used to remove all mail from your account on the server. It will only retrieve the emails the client has left remaining in the account on the server. Downloaded, removed or deleted emails cannot be retrieved. No copies exist for retrieval.

BACKUP/DATA/CONTENT/RIGHTS ANS has backup service for the server and does create a backup copy of your site about once per month. We may or may not keep them for long if nothing goes wrong. Nothing happens, we delete the backups. Once they are deleted, they are gone. Same with Clients deleting files or emails. Once files are deleted, they are irretrievable. It is your sole responsibility to keep a current running copy or backup of your site. The server control panel has a feature to aide you in doing this presently in the control panel under backup. You are responsible for all of your data. No material of pornographic or any such adult rated material is allowed on our servers. ANS has the ultimate rule on what we consider "unacceptable". ANS is not required to, nor responsible for the release any data if account is suspended or terminated due to non payment. Without full payment of past due balances, all information left may become the property of ANS. Your storage content may not contain or be used for illegal purposes, violate any ones rights or any copywrite. ANS will determine whether any account is in violation at is own accord or with the assistance of any other third party.

DOMAINS

ANS will register or transfer the selected/listed/specified domain name(s) on behalf of this client. Transfers must be specified by the client. By having a domain with ANS, you are stating that you are if fact an authorized representative for the aforementioned organization, person or client.  The client acknowledges the fact that the new domain name(s) may not be available at the time of filing and alternate spellings may be necessary to acquire a domain. Once the domain name is agreed on, ANS will attempt to register it on your behalf.

The domain name registration process normally takes minutes these days for new domain names. The client represents that registration of the domain names do not interfere with the rights of any third party, are not being registered for any unlawful purpose, and does not violate any trademark or copyright. ANS does not act as an arbiter of disputes.  

Once the domain has been registered, there are no cancellations or refunds on the domain to either ANS nor the client. The registrar rules say once the domain has been paid for there are no reversals. ANS shall activate the clients domain name and have it routed to one of ANS servers or forwarded to your existing account. ANS will be listed as one or more of the listed contacts for the domain name with the registrar.  The client can be listed as the owner and registrant of the domain name. ANS uses itself as the contacts to provide a private registration for the domains. The domain name remains the property of the client unless it has been abandoned or unpaid. All outstanding domain specific charges or invoices must be paid in full before removing your domain to any other registrar or third party server. If the client is not the legitimate owner of the organization or registered the domain on behalf the organization, the domain may be turned over to the organization as the property of the organization. All domain names are registered on behalf of the client. Domains will remain property of the client so long as the domain has been paid for.

Domains need to be renewed annually at the minimum. ANS will continue to renew the clients domain on an annual basis unless the client specifically states otherwise. The client must have ANS notified of an intent to cancel a domain at least 30 days before it is due to expire according to the registrar. If the clients domain has not been renewed and is within 30 days of expiration, it may still be cancelled. Domains within 30 days of expiration may be renewed at any point within the 30 days.

The client can move their domain name from the ANS server to any third party server of the client’s choice any time. ANS will not be held liable for any process, cost or loss incurred by the client from this transaction initiated by the client. There is no charge to transfer the clients domain name to a third party server. ANS is not responsible for data loss. ANS is not responsible to transfer over files, emails, databases or any data to host on a third party server.  No partial refunds will be given for unused hosting time if prepaid unless ANS chooses to. ANS is willing to negotiate reasonable terms and conditions with circumstances.

DOMAIN ABANDONMENT Domain abandonment can be defined as, but not limited to: The clients hosting services are no longer active, domain name registration or renewal left unpaid for 90 days or more, there is no contact between ANS and the client, client chargeback on any services from ANS. ANS has no use for domains left under our care and denies responsibility for domains left abandoned. So long as the domain is paid for, the client is free to notify ANS to change DNS servers, transfer to their own account to manage or transfer the domain to another registrar. When client leaves the ANS service, we would take the clients domain domain and place it into its' own account for client management. The client will be listed as all associated contacts. Client may keep domain or leave it expire and be deleted. Client agrees to not hold ANS responsible for domain deletions.

Domains left abandoned will be subject to deletion upon the renewal date if client has not accepted control of the domain.   ANS will not interfere with any process, but will ask for a release form of authorization from the client. Please include on this authorization form exactly what you want completed. Yes, email constitutes authorization. Abandoned domains will become the property of ANS. The domains may be sold by ANS to recover lost domain registration, renewal, or transfer revenues left unpaid for 90 days. We will provide timely service.

SPAM

You Understand that by hosting with ANS you have read and agree to our “SPAM” policy. If you do not agree, you cannot host with us. If you host with us, you had the option of not hosting with us.

The sending of unsolicited e-mail or "SPAM" is not an acceptable use of your email account with ANS. The client agrees not to utilize the ANS service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited email messages directed to multiple recipients or newsgroups in a single day. Violation of this agreement may subject your account to suspension/termination on the ANS servers. You will also be responsible for any damages, charges, investigation fees, legal fees and any other charges incurred by ANS as a direct or indirect result of SPAM mailings originating from or referencing your account.

ANS also has the right to bill you for any time and or expenses related to SPAM mailings originating from your account. Our normal billing rate for SPAM related incidents is $100 per hour. Recipients of this unsolicited mail seeking some form of legal compensation, having proper legal documentation, ANS will provide the requested client contact information. ANS will not be held liable for any fees and is not responsible, you hereby release us from any liability. ANS will help protect its clients from false claims and accusations to the best of its' abilities, but will not assume any financial obligations on behalf of the client. SPAM mail is not a viable marketing alternative and is illegal in many states. Please, don’t take costly chances with your business reputation and ours! If have a question about SPAM mail please contact us before you initiate any mailings. ANS will, at its own accord, define whether messages sent are to be considered SPAM. If you do not understand any of this SPAM policy, please call us for an explanation and suggestions for alternative marketing options.

Refund Policy
Once you purchase hosting, it is active almost immediately thereafter. Once it has been activated, it is considered used and fulfilled. There will be no refunds on any hosting purchases. Same with Domain names. Once you checkout, it is registered and you own it. We cannot stop registrations once they are confirmed. Double check the spellings and be certain it is correct before you buy these things. We are not in the business of giving free services. If you have prepaid us in advance for a years worth of hosting, you received a discount to buy out some of the cost. If you prepay, it is also not refundable as you received a portion of the package.

PAYMENT

Set-up/Billing/Activation You are a customer looking to give another company your business. Some companies feel it just to charge a set up fee. ANS firmly believe that setup fees are not necessary. These setup fees are normally non refundable period. Any potential customer of ANS just needs to pay their first month of service to begin. Setting up the account is a few minute process and we like to see timely arrival of payments. Our billing and invoicing date is on the day your account is activated. ANS must charge for the account in order to activate it.

Cancellation We must receive cancellation requests 7 days before the billing date or you may be charged. If you have cancelled on or just after the billing date, you will have your account through the following billing date as the expiration. We do not process partial refunds, have your cancellation request on time. We prefer credit cards as the primary source of monthly payments.

Checks We do not accept monthly payments via check. The minimum payment for a check is quarterly. Your payment must be postmarked and arrive before the billing date to be on time. If it is postmarked on or after the billing date, it is late. Late fees are $10 or 10%. We can also accept any completely filled out checks via fax instantly to avoid any late issues. Any checks returned NSF incur a bank fee of $30. If payment arrangements have not been made by 7 days, your account will be suspended for non-payment. Late fees and reactivation fees may apply. We are not responsible for any traffic, email or data loss. The contract says you will pay on or by the billing date. Failure to do so may result in account suspension for services unpaid. Any accounts that ends up in suspension will have a $20 dollar reconnect fee assessed to the account.

Charge Backs Any charge backs will be assessed a $30 fee and be sent to collections if unpaid. If you ever decide to initiate a charge back, your account will be terminated. You will not be allowed to host with us again. We also reserve the right to share your domain, contact information and billing history with other hosting partners and companies as pertaining to our past relations.  Any accounts with an uncollected balance not resolved within 7 days from notification will result in account suspension. Accounts 30 days late will be sent to collections. Late fees and reconnect fees may apply. We are not responsible for any traffic, email or data loss. The contract says you will pay on or by the billing date. Failure to do so results in account suspension for services unpaid. Any accounts that end up in suspension will have a $20 dollar reconnect fee assessed to the account.

All accounts left unpaid after 30 days will continue to incur interest at 18+% APR.  Accounts left unpaid may be send to a collection agency after 30 days and we have no control over the account or their fees once transferred. The collection agency may report this information to the credit bureaus. Any accounts left unpaid or abandoned may also be resolved legally.

LEGAL

Any litigations resulting from business related matters both ANS and the client agree to have their disputes settled and held in in the State of Florida, South Brevard County District Court System. Florida law will be the governing rule. Client also agrees that they are liable for any collection charges, attorneys fees, or court costs involved with attempts to collect any past balances owed.

TOS concluded.