AceShells.com Internet Services
Virtual Dedicated Server Terms of Service.
1. AceShells.com services will not be used
for any illegal acts constituted by any law in (a) The
United Kingdom and territories or (b) The home country
of the customer. Also distribution of any pornographic
material is strictly prohibited.
2. DoS attacks, flooding, nuking, exploiting,
spamming and other forms of malicious activity will not
be tolerated from our systems. Violation is grounds for
immediate account termination (see point 8). Any legal
action taken against you will be supported fully by AceShells.com.
3. Any form of any script or program that
can cause harm, damage, lag or delay and/or an increase
in CPU or memory usage of any AceShells.com system are
not allowed. Also any form of “root” script
or any tool to attempt to gain unauthorized privileges
is prohibited. Servers being found using these types of
scripts or programs will be terminated (see point 8).
4. Any situation(s) and/or log(s) of any
you as a user directly causing our system to be attacked,
may lead to your account being suspended until further
investigations occur and are completed. Upon completion
of these investigations, the account may be reactivated
or terminated (see points 8 and 9).
5. If by your action(s), any AceShells.com
host or IP address gets banned from any IRC service, mail
relay or other public service that customers may wish
to use; your account may be terminated, or suspended until
the bans are lifted (see point 8).
6. Any abuse, such as, but not limited to
hacking, attacking, and/or harassment will invoke immediate
termination to your account.
7. Upon a violation of one/more of points
detailed in sections 1, 2, 3, 4, 5, 6 depending on the
severity of the incident, your account may be suspended
or terminated; if the prior occurs then a formal warning
will be issued. Upon any second violation after a warning
is issued, your account will be terminated immediately.
8. Upon reactivation of an account suspended
as detailed in point 8, AceShells.com reserves the right
to fine the customer involved 1 month of their service.
Whether this will be the case is judged on a case by case
bases and is down to the discretion of AceShells.com
9. Any account terminated for violation
of T.O.S. will be at the discretion of AceShells.com and
no refund or credit will be offered.
10. Early cancellation of service by the
user does not entitle you to a refund of any kind.
11. If for any reason an AceShells.com service
that you are subscribed to is temporarily (up to and including
48 hours) offline, no credit will be issued. If the service
remains offline for any period after this time, account
credit will be issued for in the form of a one day extension
on the account per day the service is offline.
12. All accounts will be added upon payment
being received.
13. Disputed Amounts - Where the Customer
wishes to dispute any item(s) appearing on an invoice,
the Customer must write to, email, or telephone AceShells,
and seek the resolution of the disputed amount. Any notification
to AceShells of a dispute must be made within 30 days
of the invoice date. The Customer must pay any undisputed
amount by the Payment Due Date, otherwise interest or
late payment charges may be imposed on the undisputed
balance/invoice.
If AceShells agrees there is a mistake, the account balance
will be corrected as soon as practicable. If AceShells
finds there is no mistake, the Customer will be required
to pay the outstanding amount immediately on being notified
of AceShells’s finding, or by the Payment Due Date,
whichever is the latter.
14. Interest - AceShells may at its discretion charge
the Customer interest at a rate of 10% per month, compounding
(i.e. interest is also charged on all overdue balances,
including interest charges), on accounts or invoices that
remain unpaid after the Payment Due Date.
Interest will not be payable on amounts in dispute, provided
the dispute is resolved in favour of the Customer, or
where AceShells believes it would be unreasonable. Otherwise,
the interest will accrue from the day after the Payment
Due Date until the date payment is received (including
that day).
15. Right to Suspend Services - If the Customer fails
to make payment to AceShells for any Service by the Payment
Due Date, AceShells may suspend the provision of that
and/or any other Service.
AceShells will provide the Customer five (5) Working
Days written notice of its intention to suspend any Service,
sent to the most recent postal address, or email address,
held on file for the Customer. If payment is not received,
or agreed to within that five (5) Working Days AceShells
may suspend the Customer’s Service(s).
AceShells may require the Customer to pay a deposit,
or an advance payment, as a condition of lifting any suspension
imposed under this clause.
16. Debt Collection Costs - Where the Customer’s
accounts are sent for debt collection with an external
agent, the Customer agrees to bear and pay all reasonable
costs imposed on AceShells in relation to the collection
of the debt.
These costs will generally include debt collection commission
charges; case opening or closing fees; and legal costs
in extended cases.
17. Account Cancellation - Your contract
is automatically assumed to continue for a further month
or year subject to your billing cycle at the end of its
current period, subject to the current revision of the
terms and condition, unless at least one calendar months
notice is given prior to the end of the current rental
period. This notice must be given in writing via email
(see contacts section on www.AceShells.com). Cancellations
can be made at any time right up until the end of the
rental period.
On or past the date of which the cancellation is effective,
or in the case of non-payment when AceShells deems you
to have cancelled, the service may be; terminated, unplugged,
erased, reinstalled, rented to another customer, or any
combination of the above.
18. AceShells.com reserves the right, to
look and/or browse at any of customer directories for
abuse detection purposes.
19. New customers are not required to pay
a setup fee, or a buffer anymore so you dont have a deposit
in case of excessive bandwidth usage or fees incurred
by the server. so you will need to arrange if you are
going to go over your bandiwidth limit see point 15
20. Users that do not arrange for extra
bandwidth on their servers, and then go over their allotted
bandwidth are subject to 'excess bandwidth' charges detailed
when their account is setup. If the bandwidth usage for
one month exceeds the cost of a month of server rental
then the server may be shut down until such time as the
extra bandwidth fees have been paid and the 'buffer' (see
point 14) has been reestablished.
21. AceShells.com reserves the right to
change pricing agreements with 28 days of notice. This
notice will be given in the form of an e-mail to the account
holder. Any change in pricing will not affect currently
purchased accounts and will take effect on the next payment
after such time as the current credit has expired.
22. Agree the terms and conditions may change
at any point with 28 days of prior notice, emailed to
the address your account is registered with. Failure to
read or receive this message is not the responsibility
of AceShells.com
23. By logging into your server you agree
to our terms of Service.
END OF TERMS AND CONDITIONS (16 Nov 2003)
