Terms of Service

1. By submitting any online order form on the ArtisHost.com web site, Subscriber hereby agrees to the following:

1.1. In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:
1.1.1. Subscriber agrees to pay for hosting services in time for each service term.
1.1.2. Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
1.1.3. Subscriber agrees to a 30-days money back guarantee refund policy only for web hosting plans. Setup fees and one-time fees (like domain registration fees, add-on hosting fees, dedicated servers fees, etc.) are non-refundable.
1.1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $15 reconnection fee.
1.1.5. ArtisHost.com is not responsible for data integrity on equipment reclaimed for non-payment.

1.2. Subscriber agrees to adhere to the ArtisHost.com Acceptable Use Policy.

1.3. Subscriber agrees not to engage in activity that violates federal (United States), state or local laws applicable to the service terms described herein.

1.4. ArtisHost.com reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.

1.5. Subscriber agrees to indemnify and hold harmless ArtisHost.com and the employees and agents of ArtisHost.com against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

1.6. ArtisHost.com SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE ArtisHost.com'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS ArtisHost.com PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED ArtisHost.com DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND ArtisHost.com SHALL HAVE NO LIABILITY THEREFORE.

1.7. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

1.8. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or ArtisHost.com as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. 1.9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

  Acceptable Use Policy

1. Introduction and Purpose

1.1. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of ArtisHost.com. ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products").

1.2. The Purpose of the ArtisHost.com's Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by ArtisHost.com.

1.3. ArtisHost.com reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.artishost.com/tos_aup.html. The AUP is not an all inclusive exhaustive list and ArtisHost.com reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to http://www.artishost.com/tos_aup.html or notification to the Customer via email.

1.4. Acceptance and execution of the Master Services Agreement binds all parties to ArtisHost.com stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as ArtisHost.com deems appropriate. No credits will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM THE ArtisHost.com.

2. Compliance with Law

2.1. Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. Customer Security Obligation

3.1. No service credits will be issued for outages resulting from account suspension or termination due directly to breached account or server security. The Customer is solely responsible for any breaches of security affecting their accounts under Customer control.

3.2. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's account or Company's servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $300 USD per hour.

4. System and Network Security

4.1. Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. The Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

4.1.1. Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm).
4.1.2. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a serve or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
4.1.3. Executing any form of network activity that will intercept data not intended for the Customer's server.
4.1.4. Circumventing user authentication or security of any host, network or account. 4.1.5. Interfering with or denying service to any user other than the Customer's host (example: denial of service attack or distributed denial of service attack).
4.1.6. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

4.2. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $300 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

5. Restricted Content

5.1. Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

5.2. ArtisHost.com forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Clients whose accounts are found in violation of this policy may, at the discretion of ArtisHost.com, have their account(s) terminated without notice and refund.

5.3. All types of music files are not allowed. This also includes providing links to music files.

5.4. Sites promoting, or providing links to, any kind of the following activities and materials are also not allowed:

• Gambling
• Alcoholic drinks
• Cigarettes and smoking

5.5. Clients whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at ArtisHost.com. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Clients whose accounts are found in violation of this policy may, at the discretion of ArtisHost.com, have their account(s) terminated without notice and refund.

5.6. Sites whose primary purpose is for file distribution or mirroring of a site are strictly prohibited.

5.7. IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and ArtisHost.com will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of ArtisHost.com, result in the Client's account(s) being terminated without notice.

5.8. Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

5.9. ArtisHost.com RESERVES THE RIGHT NOT TO ACCEPT ANY OTHER TYPE OF CONTENT NOT LISTED ABOVE WITHOUT GIVING EXPLAINATION. A NOTICE OF ACCOUNT DEACTIVATION WILL BE GIVEN 2 DAYS BEFORE IT IS DEACTIVATED. ANY WEB HOSTING FUNDS COLLECTED FROM CLIENTS WILL BE PAID BACK TO THEM IMMEDIATELY IF THIS RIGHT IS USED BY ArtisHost.com.

6. E-mail/Spam Policy

6.1. Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses or any domain name hosted with ArtisHost.com is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with ArtisHost.com but the mail message makes mention of a website hosted with ArtisHost.com

6.2. ArtisHost.com allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, ArtisHost.com requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time. ArtisHost.com reserves the right to terminate a client's mailing program, whether provided by ArtisHost.com or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. ArtisHost.com also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

6.3. Providing spamware or spam related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site.

6.4. Due to the consumption of system resources and overloading of the e-mail server, ArtisHost.com forbids the use of the Gossamer Links program by any client.

6.5. Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. ArtisHost.com reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of ArtisHost.com, have their account(s) terminated without notice. Sites closed for violations of this policy will not be reinstated under any circumstance.

6.6. If your actions have caused The Company mail servers or The Company IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $500 charge to your account and $250 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

6.7. Violation of the above terms will result in one or all of the following:

6.7.1. A warning from via email or phone.
6.7.2 Temporary shutdown of the account or a block on outgoing mail.

6.8. Repeat violation of the above terms will result in the following actions:

6.8.1. Immediate disconnection of service with no re-activation.
6.8.2. $500 fee assessed to your account for violation.

7. Copyrighted Materials

7.1. It is the responsibility of the client to ensure that all information within their account is their own work. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creative, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. ArtisHost.com will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed on our servers.

7.2. Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by ArtisHost.com Modification of scripts provided by ArtisHost.com without written permission is strictly prohibited.

8. Excessive Usage

8.1. Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver.

8.2. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. ArtisHost.com reserves the right to suspend accounts without notice to clients who violate these terms. ArtisHost.com has sole discretion over what constitutes excessive usage.

8.3. Note: ArtisHost.com may at any time, revise the Web Hosting Terms of Service with advanced notice given to clients. Renewal of a virtual server with ArtisHost.com constitutes acceptance to all modifications to the Web Hosting Terms of Service.

9. Suspension and Cancellation

9.1. ArtisHost.com reserves the right to suspend service to any Customer located on our servers for violation of the AUP. ArtisHost.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. ArtisHost.com reserves the right to terminate service without notice for continued and repeated violations of the AUP. Continued violations of the AUP resulting in cancellation of services will also result in contract acceleration for all amounts outstanding under the contract term.

10. Disclaimer

10.1. ArtisHost.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ArtisHost.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ArtisHost.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTURRUPTIONS CAUSED BY ArtisHost.com AND ITS EMPLOYEES. ArtisHost.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

10.2. ALL RESELLERS OF ArtisHost.com MUST ADHERE TO THE ABOVE POLICIES.

10.3. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.