TERMS AND CONDITIONS

By your use of this website you agree to these Terms & Conditions. In the following text, “you” and “your” refers to you, the user, the term ‘we’ throughout these Terms & Conditions refers to the Avalon Hosting Services and website.

The use of the term ‘company’ or Avalon Incorporation refers to the Avalon Hosting Services part of Avalon Incorporation.

The website is accessible worldwide to anyone with Internet access. Access to and use of the website is subject to the Terms & Conditions of this agreement.

By accessing the website you accept without limitation or qualification all of the terms and conditions in this agreement.

Avalon Hosting Services reserves the right to change these Terms & Conditions at any time. By using the website you agree in advance to accept any changes.

You should read these Terms & Conditions before proceeding to use the website and before registering, buying, selling, booking, contacting, uploading or posting an advertisement, announcement or notice via the website. These Terms & Conditions should be read in conjunction with the Privacy Policy and the Avalon Hosting Services Terms & Conditions. You should read carefully these Terms & Conditions and Privacy Policy before proceeding. By proceeding you accept them. If you do not agree with them you should not use the website.

The company reserves the right to reject, remove or cancel any order, Server, Emails, Spamming, Postings, Uploadings, Images, Products, Booking advertisements, notices & announcements via the website and domains. which are deemed to be unsuitable for any reason with or without prior notice or refund.

No refund or compensation shall be given for rejected materials.

Standards applicable to the content of usage, products, services, advertisements, promotions, notices and announcements

These standards apply to all advertisements, uploads, usage, products, services, advertisements, promotions, notices and announcements booked via the website.

You must comply with these standards. If these standards are not complied by, your product, services, orders, advertisement, announcement or notice will be rejected and cancelled. No refund or compensation will be available on the grounds of standard of content.

The content of all Emails, Products, Orders, Services advertisements, notices and announcements must:-

Be accurate

Be genuine

Comply with applicable law in United State, Canada, Australia, U.K and any country from which they are posted, announced or uploaded.

Comply with advertising and/or promotional regulations in force in U.S, U.K, Australia and any country from which they are posted.

Comply with Domain Authority, SSL certificates Authority rules and regulations terms of use together with Avalon Hosting Services Terms and Conditions.

Products, Emails, Services, Uploads, Advertisements, notices and announcements booked must NOT:-

Contain any material which is defamatory of any person

Contain any material which is obscene, offensive, hateful or inflammatory

Promote or contain sexually explicit material

Promote or contain violence/ violent content

Promote or contain discrimination based on race, sex, religion, nationality, disability, sexual orientation or age

Be likely to deceive any person

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence

Promote or involve illegal activity

Be threatening, abusive or invade another’s privacy, or cause annoyance , inconvenience or needless anxiety

Be likely to harass, upset, embarrass alarm or annoy any other person

Be used to impersonate any person or to misrepresent your identity or affiliation with any person

Give the impression that they emanate from us, if this is not the case

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse Some items Avalon Hosting Services don’t allow due to the following reasons:

Prohibited by laws in the U.S, Canada, Australia, UK and Republic of Ireland and any other country.

List of items we do not allow on Avalon Hosting Services:

No Counterfeit, copyright and trademarked items

Counterfeits, unauthorised replicas or unauthorised copies are not permitted on Avalon Hosting Services.

Breaking Domain or SSL and Certificate Authority

We do not accept the sale of bulk email, Internet Protocol (IP), Instant Messenger (IM), or mailing lists that contain names, addresses, phone numbers, or other personal identifying information. Any tools or software designed predominantly to send unsolicited commercial messages (UCE or “spam”) are also not permitted.

Online Payments through Avalon Hosting Services:

All purchases on Avalon Hosting Services require the user to be registered on the website. This is to ensure that the person can be reached and tracked and using a validated email address to proceed with payment.

It is a crime to use false name or a known invalid credit card/debit card to order anything from Avalon Hosting Servcies.

If any user registered and found to be using a false name or false email address which is not associated to them as a business or individual, purchase anything from Avalon Hosting Services will be liable to prosecution. Any user caught wilfully submitting an invalid or fictitious order will be prosecuted to the fullest extent of the Law.

Avalon Hosting Services tracks the electronic data of every order placed on https://avalonhosting.services/ to enable full security and help crime prevention and prosecution authorities to trace individuals engaging in criminal activities on Avalon Hosting Services.

Suspension and Termination

We will determine whether there has been a breach of these acceptable use standards and we may take such action as we deem appropriate. Failure to comply with these acceptable use standards constitutes a material breach of these terms and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use the Hosting, website, domain, SSL or any of product.

Immediate, temporary or permanent removal of any posting or material uploaded by you to the website

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Such other actions we deem appropriate.

We exclude liability for actions taken in response to breaches of these acceptable use standards.

Access to and use of Avalon Hosting Services website

We reserve the right at our discretion to restrict any user’s usage of the website, products and services either temporarily or permanently or refuse a user’s registration.

Third party products & services on our website

Before buying third party products or services on our website we strongly recommend to read and understand third party product details, description, support policy and terms and conditions. If the vendor or third party decides not to provide support or services, then we won't or may not be able to provide any further support or services.

Copying

You are permitted to view the contents of the website on screen. You are also permitted to print one copy of reasonable extracts from the website for your personal use and to save one copy of such reasonable extracts to your local hard disk for your personal use. All other copying and distribution of any of the contents of the website is strictly forbidden.

Partners Links and Resources

The company and website have no control over the contents of those other websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You are solely responsible for ads you place on the website and the company shall have no responsibility for what you post.

When acquiring an item, we recommend that:

We do not accept any liability for misleading descriptions and you acknowledge that ads may contain technical inaccuracies and typographical errors.

General

The company and website shall have no involvement or responsibility for the transaction between sellers and buyers and can give no guarantees as to the accuracy of the information on the website.

The company and website give no guarantees as to the trustworthiness of any buyers or sellers and the company strongly recommend that you take all steps necessary to protect yourself. You acknowledge that you should gather as much information as possible in order to allow you to make an informed choice.

You acknowledge that you will not misrepresent your identity, you are over the age of 18 and you have provided valid and complete contact information.

The company and website specifically disclaim all and any liability to a seller, a buyer and users of the website for the loss or damage of any nature or data whatsoever and however arising, whether due to any natural disaster, inaccuracy, error, omission, hacking, Trojans, mail worms, viruses or any other cause. Under no circumstances shall the company be liable to the seller or the buyer or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not we were advised of the possibility of such losses.

If you don’t agree with any of these Terms and Conditions, you should stop using this site immediately.

By joining the site you agree to following these simple rules:

General Behaviour

•Don’t spam by adding your keywords in comments area for promoting your sites or services;

•Don’t share, promote, attack or assault other members in public or privately. Slanderous, defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening and harassing comments are not tolerated;

•Report problems: tell Authors or admin about problematic posts, rule violations, or anything else you think needs admin attention.

As Guest Posts Author you confirm that:

•The admin and author agrees that by default the author remains the owner of the content he or she creates;

•The author and admin agrees to block, remove, edit or correct the content if the admin thinks its against the website terms and condition before or after publishing it (without any additional agreement);

•The author agrees not to republish the same article to other blogs/websites in order to keep the content unique;

•The author agrees not to hide any links within the content he or she provides (without any additional agreement) all links are discussed prior to writing the content.

By joining Avalon Hosting Services, you confirm that you are 18 or older

If you have any concerns about material which appears on the website, Please report problems, offensive content and policy breaches to us using this email address:

abuse[@]AvalonHosting.Services

All of the services supplied by Avalon Hosting Services are to be used for lawful purposes only. Presentation, transmission or storage of any information, material or data must only be used within the laws of all countries in which we operate. Material falling under this jurisdiction will include, but not be limited to, material which is threatening, obscene material, copyrighted material, material that could harm national security and any other material protected by trade secret or other laws. Subscribers will agree to indemnify Avalon Hosting Services from any claims which may result from a subscriber's use of Avalon Hosting services which may damage the subscriber or any other party in any way.

Some examples of prohibited content may include, but are not limited to :

Pirated software, IRC software, hacking sites or programmers, warez sites and any material for which the account holder does not own the copyright.

Avalon Incorporation will have full arbitration over what constitutes a violation of these provisions and any content that is held to be in violation will be removed immediately, without notice to the subscriber.

Housing of the following files will be considered a violation of our T & Cs.

We do not allow IRC, IRC bots, BNC, files with any reference to IRC or Egg Drops to be operated on our servers or networks.

No proxy servers of any description, whether for business or personal use are allowed. Any files with references to any proxy or the like are forbidden.

Port scanning is forbidden to be done from our servers or network.

The sending of unsolicited e-mails (spamming,) from any Avalon Incorporation server or a server located on our network is strictly prohibited. Avalon Hosting Services will have full arbitration over what constitutes such a violation. This will include Opt-in, Opt-out mail programmers and mail that, either directly or indirectly, references a domain contained within an account at Avalon Incorporation.

It is forbidden to run an Unconfirmed Mailing List. Subscribing e-mail addresses to a mailing list without the express and verifiable permission of the owner of that e-mail address is prohibited. All mailing lists that are run by Avalon Hosting Services subscribers must be Closed-Loop. Any subscription confirmation message received must be kept on file for the entire existence of the mailing list.

It is forbidden to purchase, sell or utilize lists of e-mail addresses from third parties for the purpose of mailing to or from any Avalon Incorporation hosted domain or referencing any Avalon Incorporation account.

It is forbidden to cultivate e-mail addresses or collect e-mail addresses without the prior knowledge of the e-mail address owner.

It is forbidden to advertise, transmit or make available any software, programmers, products or services that are designed to harm this AUP or the AUP of any other ISP. This includes, but is not limited to, facilitating the means to send unsolicited bulk e-mails, flooding, pinging, mail and text bombing and denial of service attacks.

It is forbidden to operate an account on behalf of, or in connection with firms or persons listed on the Spamhaus Register of Known Spam Operations database at www.spamhaus.org.

All commercial e-mail marketing companies must abide by the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. Such companies are also forbidden to send bulk mail from disposable domain names.

Avalon Incorporation subscribers are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Avalon Incorporation. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Avalon Incorporation. This includes but is not limited to:

Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.

Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activity.

Any attempt to undermine or cause harm to an Avalon Incorporation server or subscriber of Avalon Incorporation is strictly forbidden, including, but not limited to:

Logging into a server or account that you are not authorized to access.

Trying to probe, scan or test vulnerability of any system or network.

Accessing data which is not intended for you.

Hacking, modifying, corrupting or breaching security measures without permission.

Transmitting material that contains viruses, worms, Trojan horses, timebombs, cancelbots or any other material with the intent of causing harm to the system.

Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding", "mail bombing", or "crashing" any computer system.

All customers and subscribers are accountable for their actions performed in the name of their account whether these actions are performed by themselves or others.

All sub-networks of Avalon Incorporation and all dedicated servers will adhere to the policies above.

All Avalon Incorporation subscribers will have full control over their passwords and authentication procedures. It is their responsibility to protect the authentication procedures used to access their accounts.

Account access and password and server security are the sole responsibility of the customer. Avalon Incorporation cannot be held responsible for any damages, direct or indirect, that may result from any unauthorized account access, password compromise or hacking of said account.

Avalon Incorporation will, when possible as a courtesy to its customers, provide customer and technical support on products, applications and 3rd party software that is not explicitly covered under the customer's contract.

Technical support means that, when possible, Avalon Incorporation technicians will provide their best effort to help support our customers. Technical support is not guaranteed and may vary. No warranties or guarantees are provided for technical support.

For shared hosting the maximum limit for processor usage is 25%
i.e. if any shared account holder use more than 25% of processor, then the user will be notified and his/her account could be suspended and if the user don't resolve the limit or update to another package then the account will be terminated.

Shared hosting Economy

Storage : 150 GB - MAX FTP : 10 - Max Email Accounts : 20

Maximum Email Lists : 5 - Maximum Database : 10 - Maximum Sub Domains : 20

Website : 1 [No, park or add on domains] - Maximum resource uses limits : 25%

Basic support and maintenance of dedicated servers is provided at the discretion of Avalon Incorporation.

Avalon Incorporation will use all commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscribers should acknowledge that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime")

Also service malfunctions, and circumstances beyond Avalon Incorporation's control or which are not reasonably foreseeable by Avalon Incorporation, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Avalon Incorporation will provide at least 24 hours advance notice to the subscriber for scheduled downtime, and will use commercially reasonable efforts to minimize any other disruption or inaccessibility of it's servers. Avalon Incorporation take no responsibility for downtime resulting from a user's actions.

If a customer fails to pay an invoice within 14 days of the date of that invoice, Avalon Incorporation reserves the right to disconnect service without further warning. If services are disconnected for non-payment, the customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If the account has been disabled for non-payment, you may be charged a re-connection fee in order to re-connect the account.

In addition to all rights and remedies granted to Avalon Incorporation in these Terms and conditions (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Avalon Incorporation shall have the right to cease providing services to a customer without notice to the customer, upon not less than one business day's written notice to the customer, to terminate the Hosting Services, all at the customer's cost and expense. Upon such termination, the customer agrees to and shall immediately pay to Avalon Incorporation all fees and other amounts due and owing for services provided up to and including the effective date of termination.

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by the customer. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. ownership). Avalon Incorporation is not able to schedule cancellation requests. The customer is responsible for any fees incurred for Services to the customer if no formal cancellation request is submitted.

All services such as backup are provided by Avalon Incorporation as a courtesy to the subscriber. It is the sole responsibility of the subscriber to maintain their own backup of any data. Avalon Incorporation is not responsible for lost data or for lost data due to third party software that is not maintained by Avalon Incorporation programming staff.

From time to time, Avalon Incorporation may use you, your company, or your logo for promotional purposes. Your company name, logos and the services that were provided to the customer by Avalon Incorporation may be used in promotional materials, advertising, marketing releases, newsletters, public disclosures and on the Avalon Incorporation website. This reference will be strictly limited to a disclosure that Avalon Incorporation has provided services to the company and will not contain any confidential, sensitive or proprietary information. The reference will also not provide any personally identifiable information about any individual or technical information regarding the server configuration and design used by the customer at Avalon Incorporation. However, Avalon Incorporation may disclose any information requested by law enforcement agencies or when compelled by court order, applicable laws or regulations.

Microsoft Licensing Policy

The Microsoft, as well as Avalon Incorporation company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use an Avalon Incorporation purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through Avalon Incorporation. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Avalon Incorporation licensed Microsoft products.

Limitation of Damages or Liability

Except as described in the SLA, Avalon Incorporation shall not be liable to the customer for any damage caused by or to the customer's products or services or inability to utilize said products or services, unless caused by willful or malicious conduct.

Avalon Incorporation shall not be liable for the customer's loss of profits, indirect, incidental, punitive or consequential damages.

Notwithstanding anything else in these Terms and Conditions, the maximum aggregate liability of Avalon Incorporation and any of it's employees, partners or employees, shall not exceed the amount in fees that it has collected on the account. The customer is responsible for selection, suitability and use of all products and services and Avalon Incorporation accept no liability for the aforementioned. The customer is responsible for the security of servers.

These Terms and Conditions are liable to change without prior notice.

The Terms and Conditions are a legally binding contract between Avalon Incorporation and the subscriber.

When a subscriber opens an account or uses any Avalon Incorporation product or service, the subscriber agrees to the Terms and Conditions.

Anything not covered by the Terms and Conditions is open to interpretation and can be changed without prior notice by Avalon Incorporation.

Any violation of these Terms and conditions may result in the termination of the subscriber's account. Avalon Incorporation has the right to terminate accounts without prior notice.

In the case that a customer is terminated for violating one or more of the Avalon Incorporation's Terms and Conditions, Avalon Incorporation reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account.

The customer agrees to indemnify Avalon Incorporation, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer's use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable legal 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.