1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with ARMINDS, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. ARMINDS is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact us by opening a support ticket. Providing false contact information of any kind may result in the termination of your account.
All services provided by ARMINDS may only be used for lawful purposes. The laws of the State of Florida, United States of America apply.
The customer agrees to indemnify and hold harmless ARMINDS from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our servers. If you believe that your copyright or trademark is being infringed upon, please open a support ticket with detailed information regarding the case. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all servers include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Adult Content Site or Sites containing material that Offend public decency
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Alcoholic drinks and non-medical drugs.
- Photos and videos of naked/nude Men or Women for any purpose.
- Photos and videos focusing only on women as an attraction method. “example: fashion and beauty related sites”.
- Interest-based business like Insurance, Banks and Loans Services.
- Any Astrology-Related Contents.
- Media Sites that was intended mainly for Audio or Video Music.
- Hate speech, violence or hatred against individuals or groups based on certain attributes, such as: race or ethnic origin, religion, disability, gender, age … etc.
- Sites promoting or displaying links to other sites categorized in of the above unacceptable content categories.
ARMINDS services, including all related equipment, networks and network devices are provided only for authorized customer use. ARMINDS systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ARMINDS system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. ARMINDS may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via a support ticket and will have a response within 48 hours.
Sites hosted on ARMINDS are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our servers. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. ARMINDS is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like ARMINDS and many of ARMINDS other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, ARMINDS should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under ARMINDS webhosting service(s).
If in doubt regarding the acceptability of your site or service, please open a support ticket and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
ARMINDS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
ARMINDS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of ARMINDS.
4.) Payment Information
You agree to supply appropriate payment for the services received from ARMINDS, in advance of the time period during which such services are provided. You agree that until and unless you notify ARMINDS of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing using the cancellation option in the client portal, asking for cancellations with your account information. Once we receive your cancellation and have confirmed all necessary information with you via a support ticket, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through client portal to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of ARMINDS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify ARMINDS of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ARMINDS. ARMINDS reserves the right to bill your credit card or billing information on file with us. ARMINDS provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in an account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our sales team via support ticket after paying for a domain renewal and to ensure the ticket is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and ARMINDS cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via support ticket for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations after grace period and renewals are final. Please check our refund policy here.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please open a support ticket.
ARMINDS reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs daily, overwrites any of our previous backups made, and only previous day backups are kept. The service takes a full system backup for the current service state, and ARMINDS is not responsible for files and/or data residing on your service during the backup process. You agree to take full responsibility for your files and data and to maintain all appropriate backups of files and data stored on ARMINDS servers that are outside the scope of the backup service.
6.) Cancellations and Refunds
ARMINDS reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via client portal cancellation options . ARMINDS gives you an unconditional 30 days money back guarantee on hosting for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 30 days will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 30 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.
There are no refunds on administrative fees, install fees for custom software, or domain name purchases after grace period. Refund requests for hosting accounts after the initial 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
- Run any type of web spider or indexer (including Google Cash / AdSpy) on our servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
The use of more than 250,000 inodes on any hosting account may potentially result in a warning first, and if no action is taken future suspension. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Hosting accounts that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catch-all address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.
7c.) Backup Limit
Backup service have a retention period of 1 day, which means that a new daily backup job overwrites all previous backups. All backups exist on RAID10 disks for maximum data protection.
8.) Bandwidth Usage
You can use all the bandwidth quota allocated to your plan. However, once you reach the bandwidth/data transfer limit, your service will be suspended automatically. You can still order bandwidth only upgrade as a monthly add-on service before you reach the limit to avoid suspension.
Data transfer is provided through a shared 1Gbps network port. Traffic bursts/spikes are allowed fairly as long as they are not violating our terms of service. i.e. torrents, video/auto streaming or file sharing applications.
9a.) Money back Guarantee
Each of ARMINDS managed servers has a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your order, you will be given a full refund of the paid amount. Remember, this is only for monthly packages and does not apply administrative fees, install fees for custom software, or domain name purchases.
ARMINDS will not activate new orders or activate new packages for customers who have an outstanding balance with ARMINDS. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by ARMINDS in writing.
9b.) Uptime Guarantee
If your server has a physical downtime that is not within the 99.9% uptime you may receive credit on your account on an hourly basis. Approval of the credit is at the discretion of ARMINDS dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please open a ticket with billing department with justification.
10.) Reselling service (non-reseller service)
Regular service accounts may not resell hosting to other people.
11.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on ARMINDS, and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
Customer agrees that it shall defend, indemnify, save and hold ARMINDS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ARMINDS, its agents, its 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ARMINDS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ARMINDS; (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 customers from ARMINDS’s server.
13b.) Arbitration By using any ARMINDS services, you agree to submit to binding arbitration. If any disputes or claims arise against ARMINDS or its subsidiaries, such disputes will be handled by an arbitrator of ARMINDS’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
ARMINDS shall not be responsible for any damages your business may suffer. ARMINDS makes no warranties of any kind, expressed or implied for services we provide. ARMINDS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ARMINDS and its employees unintentionally.
15.) Disclosure to law enforcement
ARMINDS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
16.) Changes to the TOS
ARMINDS reserves the right to revise its policies at any time without notice.[/vc_column_text][/vc_column][/vc_row]