AINEO Secure Services Agreement

This services agreement (the “agreement”) contains the complete terms and conditions which govern your subscription of web hosting, e-commerce and other internet-related services provided by AINEO Networks. (the “services”).   As used in this agreement, “AINEO Networks” means AINEO Networks, and “client”, “you”, or “your” means you.

By signing your purchase order or clicking on the “submit order” button and using AINEO Secure, you acknowledge that you have read the agreement, and you agree to its terms and conditions and all policies posted on the AINEO Networks site. As referred to in this agreement, “site” refers to a world wide web site and “AINEO Networks site” refers to the site located at the url http://www.AINEO.com, or any other successor sites owned or maintained by AINEO Networks.

1. Appropriate use of the services.

AINEO Networks is a provider of email and web site hosting services.  AINEO Networks provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by client - or through client by a third party - to any AINEO Networks server in connection with client’s use of the services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of AINEO Networks or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
violate any AINEO Networks policy posted on the AINEO Networks site including, but not limited to, our acceptable use policy (includes adult content policy), uce (spam) policy, and cgi abuse policy.
Contain viruses or other computer programming defects which result in damage to AINEO Networks or any third party.
Bandwidth. Client may occupy only the amount of disk space on the AINEO Networks server and utilize no more than the network bandwidth that is allotted by AINEO Networks. Additional fees, specified in the virtual host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
No “spam”. Client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at AINEO Networks, or otherwise, that mentions or reference any domain hosted on AINEO Networks servers or parked on AINEO Networks dns servers. Note: this policy applies to virtual server accounts, resellers and their resold accounts, dedicated server customers, and all domains, names servers and parked domains hosted on the server. (violators will be fined! Refer to our uce (spam) policy).
Licensed software only. Client agrees to use only properly licensed third party software in connection with client’s use of the services.
Back-up files. Client will have the ability to reinstate files which are automatically archived by AINEO Networks; however, AINEO Networks does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is responsible for making back-up files in connection with its use of the services. Backup capability is available through the client’s control panel.
Termination. AINEO Networks reserves the right to refuse service to anyone. AINEO Networks, in its sole discretion, may immediately terminate this agreement if client engages in any of the foregoing. To report any unacceptable behavior by a third party using the services, please contact abuse@AINEO Networks.com.

2. Payment obligations
Service fees. By the tenth (10th) of each month, AINEO Networks shall either (i) debit client’s credit card (where such information is provided by client) or (ii) deliver by e-mail or regular mail an invoice to client in accordance with the applicable services fees for services rendered for the current month. Where an invoice is delivered to client, client shall remit payment to AINEO Networks by no later than the specified payment due date. AINEO Networks shall be entitled to immediately terminate this agreement for client’s failure to make timely payments to AINEO Networks. Certain services carry a set-up fee charged by AINEO Networks to client that must be paid by client in order to have use of the services. If client terminates this agreement in accordance with section 4 hereunder, client shall be responsible for any outstanding fees owed to AINEO Networks and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, client will be responsible for service fees incurred each month regardless of when client provides notice of termination. Thus, for example, if client provides notice to terminate on the 15th of a particular month, client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If client has retained the services for one (1) year and has pre-paid AINEO Networks for such services, refunds will be issued for any unused full month portions of the services upon clients request. Therefore, if client’s account is cancelled at any point during the one (1) year term, client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month.
Domain names. If client chooses to register a domain name(s) through AINEO Networks, client acknowledges and agrees that client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. AINEO Networks does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. Client liability and indemnification
The parties agree that in no event shall AINEO Networks be liable to any third party for client’s breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless AINEO Networks from any and all expenses, losses, liabilities, damages or third party claims resulting from client’s breach or alleged breach of any client obligations set forth hereunder.

4. Term, termination & reinstatement
Subject to the terms and conditions hereof, this agreement shall be effective on the date you register for the services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “term”) unless terminated earlier pursuant to the provisions of this section 4. Either party will have the right to terminate this agreement upon notice to the other party. If client is terminating this agreement, client must follow instructions for cancellation provided on the server cancellation information page. The essence of this page states that client must contact the AINEO Networks to receive a cancellation number, which client shall retain as proof of termination, and all cancellation requests must be received by the twenty-fifth (25th) of the respective month of cancellation. Any other attempt by client to cancel this agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this agreement.
If client terminates its account, client shall be allowed to re-instate client’s use of the services within seven (7) business days of cancellation. Client shall pay a fee of fifty dollars ($50) prior to any re-instatement of client’s account. Once payment has been received, client’s account will be activated within forty-eight (48) business hours. AINEO Networks will maintain an archival copy of client’s web site for seven (7) days after AINEO Networks receives notice of cancellation. Thereafter, client will need to place a new order if it wishes to subscribe to the services.

5. Taxes
client will pay and indemnify and hold AINEO Networks harmless from any and all taxes associated with or arising from client’s use of the services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. Disclaimer of warranty
The services, the AINEO Networks site, including without limitation, all products and services displayed or offered on the AINEO Networks site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. AINEO Networks disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, AINEO Networks specifically disclaims any warranty that (1)the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.

7. Limitation of liability
In no event shall AINEO Networks be liable for damages resulting from loss of data, profits, use of the AINEO Networks site or any AINEO Networks products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall AINEO Networks’s cumulative liability exceed an amount greater than five hundred dollars ($500 USD)

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Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, AINEO Networks offers its clients, and their customers and users, the means to disseminate a wealth of public, private, commercial, and non-commercial information. AINEO Networks respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, AINEO Networks reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, AINEO Networks has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing AINEO Networksfs services. This AUP will be revised from time to time. A customer’s use of AINEO Networksfs after changes to the AUP are posted on AINEO Networksfs web site, http://www.AINEO Networks, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

When information is disseminated through the Internet, they also must keep in mind that AINEO Networks does not review, edit, censor, or take responsibility for any information its clients may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over AINEO Networksfs network and may reach a large number of people, including both clients and non-clients of AINEO Networks, clients’ postings to the Internet may affect other clients and may harm AINEO Networksfs goodwill, business reputation, and operations. For these reasons, clients violate AINEO Networks policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

  * Spamming
  * Intellectual Property Violations
  * Adult Material
  * Defamatory or Abusive Language
  * Forging of Headers
  * Illegal or Unauthorized Access to Other Computers or Networks
  * Background Running Programs
  * Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
  * Facilitating a Violation of this AUP
  * Export Control Violations
  * Usenet Groups
  * Other Illegal Activities
  * Other Activities

Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward AINEO Networks, but also because it can overload AINEO Networks’s network and disrupt service to AINEO Networks clients. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, AINEO Networks has the discretion to determine from all of the evidence whether the e-mail recipients were from an “opt-in” e-mail list.

Intellectual Property Violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. AINEO Networks is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also AINEO Networks’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Adult Material
AINEO Networks datacenters are porn free.  Adult material is any site whose revenue is gained in part or whole from its adult content.  These sites include but are not limited to, photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
Revenue-generating hyperlinks to sites who violate policy #1.

Why does AINEO Networks have this policy?
Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average “adult site” gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
AINEO Networks reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”. Let us know if you are unsure of the approval of your site before placing an order.

Defamatory or Abusive Language
Using AINEO Networksfs network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Background Running Programs
Background Daemons in general are prohibited on AINEO Networks servers, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation.
AINEO Networks will be the sole arbitor of what consitutes a violation of the above policy.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups
AINEO Networks reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities
Engaging in activities, whether lawful or unlawful, that AINEO Networks determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the client. AINEO Networks will not, as an ordinary practice, monitor the communications of its client to ensure that they comply with AINEO Networks policy or applicable law. When AINEO Networks becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

AINEO Networks also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, AINEO Networks urges its clients to assume that all of their on-line communications are insecure. AINEO Networks cannot take any responsibility for the security of information transmitted over AINEO Networksfs facilities.
AINEO Networks will not intentionally monitor private electronic mail messages sent or received by its clients unless required to do so by law, governmental authority, or when public safety is at stake. AINEO Networks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, AINEO Networks may disclose information, including but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. AINEO Networks assumes no obligation to inform the client that client information has been provided and in some cases may be prohibited by law from giving such notice. Finally, AINEO Networks may disclose client information or information transmitted over its network where necessary to protect AINEO Networks and others from harm, or where such disclosure is necessary to the proper operation of the system.

We hope this AUP is helpful in clarifying the obligations of Internet users, including AINEO Networks and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to

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UCE / SPAM Policy

The abuse and misuse of e-mail is a serious problem, and AINEO Networks will not tolerate it.

Definition of UCE (Unsolicited Commercial E-mail), or SPAM:
The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to AINEO Networks or any URL (domain) that is hosted by AINEO Networks.
Unsolicited postings to newsgroups advertising any IP or URL hosted by AINEO Networks.
The use of webpages set up on ISPs that allow SPAM-ing (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by AINEO Networks.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.
               
Repercussions of SPAM
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.

AINEO Networks
SPAM is not only harmful because of its negative impact on consumer attitudes toward AINEO Networks, but also because it can overload AINEO Networksfs network and resources, especially on our shared (virtual) server environments.

Our Providers
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that AINEO Networks does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM
AINEO Networks reserves the right to terminate, without warning, any account that violates this policy. Usage of AINEO Networks services constitutes acceptance and understanding of this policy.

AINEO Networks will charge $25.00 per SPAM complaint we receive for both Dedicated and Virtual Server customers. Our provider, Verio, receives this fine from their Network providers and these fines are passed on to the responsible party. These are non-refundable charges and will be invoiced at the time of complaint notification.

AINEO Networks reserves the right to decide what it considers “SPAM”, “UCE”, “mail bombing”, or “bulk e-mail”, and to determine from all of the evidence whether or not the e-mail recipients were from an “opt-in” e-mail list.

Should you choose to e-mail from AINEO Networks servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Basic Mailing List Management Principles for Preventing Abuse
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

1 -The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.
2- Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.
3- Mailing list administrators should make an “out of band” procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.
Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.
4- Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a “suppression list” of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.
5- Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring “opt-in” lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.
6- Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B’s mailing lists into its own.

*This SPAM (UCE) Accepted Use Policy and all other AINEO Networks policies are subject to change by AINEO Networks without notice. Continued usage of the services after a change to this policy is implemented and posted on the AINEO Networks site constitutes your acceptance of such change or policy. We encourage you to regularly check the AINEO Networks site for any changes or additions. Visit our Terms & Conditions for further information regarding our policies.

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CGI Abuse Policy

AINEO Networks allows CGI to be used on all Virtual Servers. CGI can be resource intensive however, and because a Virtual Server must be shared with other users, we must limit how much of the CPU can be used by any one account on a shared server. There are several reasons why AINEO Networks has created its CGI Abuse policy for its virtual server users.

What does AINEO Networks consider “CGI ABUSE”?
Any site whose CGI programs are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. AINEO Networks is the sole determinant of what consititues degraded server performance.

Why does AINEO Networks have this policy?

Server Speed and Fairness to others
A Virtual Server is shared. As such, there are many accounts per machine. In all fairness, AINEO Networks cannot allow one or two clients to use all of the System resources on a shared machine and have all other clients on the machine suffer because of it. Excessive CPU usage by one or more clients causes extreme slowness in all areas: FTP, Telnet, Web Sites and more. If the CPU usage gets too far out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.

What happens if I violate this policy?

All accounts that are found to using excessive amounts of system resources will receive an email warning from AINEO Networks. This warning will inform you that there is too much CGI running and it will provide options for reducing the usage or upgrading your server. If you do not reduce the usage within 24 hours of the email being sent, your account will be canceled.