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Hosting Terms of Service

All services provided by Agate Fire Creative LLC (Agate Fire) may be used for lawful purposes only. Are intended only for residents and businesses located in the United States. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted material, material that is threatening or obscene, “adult-only” content material, or material, protected by trade secrets and other statutes.

Note: Pornography and sex-related merchandising are expressly prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites promoting any illegal activity, violence, or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:

  • Pirated software or copyrighted MP3 files
  • Hacking Tools
  • Warez sites
  • Adult content (in any form)
  • Spamming Software
  • Web-based shells
  • Cryptocurrency Mining, Sales or Storage
  • Gambling or Casino Sites

Agate Fire will be the sole arbiter as to what constitutes a violation of this provision.

Disk Space

Agate Fire will monitor the customer’s disk usage and if it exceeds the usage agreed upon, Agate Fire shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges or suspension of service.

Domain Registration Policy

Agate Fire registers customer domains on behalf of our customers. Sometimes domain names may be registered under our name and contact information for ease of management. We will replace Registrant contact information at the specific request of a customer. For client accounts which are paid current, Agate Fire will authorize domain transfers to a customer’s new registrar of choice at their request and at no additional charge.

All domains are registered at the ICANN-accredited registrar Enom Inc. By registering/transferring a domain with Agate Fire, you confirm that you have read and you agree with the Registration Agreement of Enom Inc.

Refund policy

Agate Fire offers an unconditional 30-day money-back guarantee on hosting services. If the customer wishes to cancel a hosting account within the initial 30-day period for any reason, he/she has to notify Agate Fire via our ticketing system at agatefirecreative.com, and the payment will be promptly refunded. Domains registered through our services cannot be refunded and are subject to an annual domain registration renewal fee. Therefore, if the customer purchased a hosting account with domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider or its registration may be kept with Agate Fire, we can assist with updating your DNS settings to point to your new hosting provider.

Agate Fire does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period. However, you are under no contract with us and may cancel at any time, your account will remain active until the end of the current billing cycle. We do ask that you notify us at least 15 days before your term is up. This time is critical to making sure your credit card/bank account is not charged for the next term.

If a customer disputes a setup/renewal charge for any account, Agate Fire will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee, domain redemption fees and any other transaction fees.

Accounts terminated due to policy violations will not be refunded.

Account Renewal Policy

Accounts are automatically renewed on a per term basis, but each term must be pre-paid in advance. Our terms of service are 1 month or 12 months. Longer terms can be negotiated. We must always have valid credit card information on record in order to facilitate the implementation of automatic rebilling of due accounts at renewal time. If you plan to cancel your account (not continue for the next term) you must warn us at least 15 days before your term is up. This time is critical to making sure your credit card/bank account is not charged for the next term.

Customers are not allowed to open a second hosting account for a domain that is already hosted through Agate Fire. If the customer wants to continue hosting the specified domain with Agate Fire, he/she needs to renew the account using one of the renewal options given by Agate Fire. Any ‘new customer’ promotions do not apply to existing accounts.

Lost Login Information Policy

In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address we have on record for the respective service.

If the contact e-mail address is outdated or incorrect, the customer should contact support to request an investigation of the issue. In this case, the dispute resolution policy may be applied.

Dispute Resolution Policy

In case of ownership dispute, Agate Fire reserves the right to be the sole decision-maker in settling the dispute. There are several guidelines, based on which Agate Fire will decide who is the rightful owner of the disputed hosting account or domain name:

  • By default, Agate Fire will grant ownership to the person who paid for the hosting account. If the purchase was made by credit card or PayPal, the holder of the respective credit card or PayPal account will be considered the owner. If the purchase was made by Western Union, bank transfer, check, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. Agate Fire reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.
  • If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, Agate Fire will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.
  • In case of death or serious disability of the original owner that prevents him/her from continuing to manage the hosting account or the domain name purchased, Agate Fire may grant ownership to another person or organization, if enough proof is presented about the original owner’s condition, and based solely upon the investigation that Agate Fire will undertake about this issue.
  • Agate Fire will consider a court decision overruling in case of ownership dispute and will always comply with such a decision.
Background Running Programs

Programs running in the background are not allowed.

Chat rooms

Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.

Traffic Guidelines

Accounts that reach their monthly traffic limit may be a subject of automatic site suspension. Also, any accumulated traffic over the monthly limit will be charged additionally in accordance with the characteristics of the plan purchased. If a site is suspended under this provision, and the hosting account is in good standing, the site will be enabled on the first date of the next month, when the traffic counter is reset. In case of failure to cover fees incurred by traffic over-usage, Agate Fire reserves the right to take corrective action such as full suspension of the hosting account. In which case Agate Fire takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance. Nor is Agate Fire obligated to provide source files or backups. Backups are always the sole responsibility of the site/account owner.

Resource Usage

To maintain the integrity of our hosting services, we have several special per-user resource limits in place. These include, but are not limited to:

  • Memory limitations: Customers using our hosting services will be able to use only a certain portion of the total available memory on the server.
  • CPU usage limitations: Scripts that take too much real CPU time will be terminated.
  • Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
  • MySQL disk usage limitations: In cases, in which the integrity of the MySQL service is endangered, the MySQL disk usage of customer accounts may be limited. No limits will be applied to accounts with MySQL disk usage below 3GB.
  • Number of Inodes limitation: The total number of files and folders on a single hosting account should not exceed 500,000.
  • MySQL connections limit: Each MySQL user cannot exceed a certain number of connections to the MySQL server.

Agate Fire reserves the right to alter the above limitations and to place additional limits without prior notice if an account endangers the stability or the performance of the hosting server due to intensive resource usage. The additional limits may include, but are not limited to MySQL, memory and CPU usage limitations, and stopping access to directories.

Each hosting account on Agate Fire servers is meant to be used for one domain, as well as a number of parked domains, addon or subdomains according to the hosting plan. Parked domains are full aliases of the main domain – they display the same site content and share the same mailboxes. Pointing parked domains to subfolders or subdomains on the account through .htaccess files or other means is not allowed.

Proxy Software and Redirection Services

We do not allow running of proxy software on our servers. Sites offering shortening URL services are not allowed as well.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Materials, accessible to the customer through Agate Fire services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use Agate Fire services in a manner that would infringe, violate, dilute. or misappropriate any such rights, with respect to any material, which the customer accesses or receives through Agate Fire’s network. If the customer uses a domain name in connection with Agate Fire’s service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.

Network Security

Customers may not use Agate Fire’s network in an attempt to circumvent user authentication or security of any host, network, or account. This includes but is not limited to accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Agate Fire will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamation

The customer may not host material that is:

  • threatening or obscene;
  • offensive to any person or group. This includes, but is not limited to: prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
  • harmful to minors;
  • likely to cause damage to the reputation of third parties.

Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Spam or Unsolicited E-mail

The customer may not use Agate Fire’s network, Agate Fire’s equipment, or Agate Fire’s e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer’s domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Agate Fire’s network, Agate Fire’s equipment, or Agate Fire’s e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, violated the CAN-SPAM Act or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages.

In case sufficient evidence is presented about any violation of this provision, Agate Fire reserves the right to disable the customer’s account without prior notice. For the purpose of acquiring such evidence, Agate Fire will use various techniques, including but not limited to: closely inspecting all spam reports sent to Agate Fire’s anti-abuse department, searching the logs of Agate Fire’s mail servers, and scanning the server space for popular “spamming” applications. Agate Fire will be the sole arbiter as to what would be considered sufficient evidence.

Abuse

Any attempt to undermine, slander, libel, threaten or cause harm to Agate Fire’s customers, employees, and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

Indemnification

Customer agrees to indemnify, defend and hold harmless, Agate Fire, its subsidiaries and other affiliated companies, its officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

Disclaimer

Agate Fire, at its sole discretion, may change these terms and conditions at any time. By using Agate Fire’s services, the user agrees that Agate Fire may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Agate Fire’s web site, or on notification to the customer by e-mail. The customer agrees to periodically review Agate Fire’s web site, including these terms, to get informed of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Agate Fire by e-mail or via our ticket system. Notice of the customer’s termination will be effective on receipt and processing by Agate Fire. The customer agrees that, by continuing to use Agate Fire’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

The content available through this site is the sole property of Agate Fire and is protected by patent, copyright, trademark, and other intellectual property laws. Except as otherwise explicitly agreed in writing, Agate Fire-owned content received through this site may be downloaded, displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without Agate Fire’s express prior written consent.

Refusal of Service

Agate Fire reserves the right to refuse hosting services for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Agate Fire reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server and may be done with or (in case of emergency) without prior notice.

Agate Fire reserves the right to impose restrictions or fully suspend any of the services provided to customers, in case the operation of these services threatens the overall security and stability of the hosting system, and/or the proper operation of other customers’ accounts/services.

Agate Fire reserves the right at its sole discretion to refuse or cancel service. Violation of any of Agate Fire’s Terms or Policies could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

Limited liability

THE CUSTOMER AGREES THAT AGATE FIRE CREATIVE LLC SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF AGATE FIRE CREATIVE LLC’S SERVICES OR INTERRUPTION OF THE CUSTOMER’S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO AGATE FIRE CREATIVE LLC’S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY AGATE FIRE CREATIVE LLC; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND AGATE FIRE CREATIVE LLC’S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER’S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. AGATE FIRE CREATIVE LLC ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AGATE FIRE CREATIVE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AGATE FIRE CREATIVE LLC’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, AGATE FIRE CREATIVE LLC’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This document was last updated on August 29, 2019

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