| Terms of Service |
| 1. | ENTIRE AGREEMENT |
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1.1 |
Andy Allord dba/Outsource Solutions (“AA Hosting”) shall provide their service to you (the “Client”) under the Terms and Conditions of this AA Hosting Agreement.
The Agreement is intended to keep the integrity of both AA Hosting and the Client and to protect both parties from liability. This Service Agreement will be
enforced to ensure the speed, power, performance and reliability of our services.
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1.2 |
The Client side of the Agreement could be represented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity
such as a corporation, a limited liability company, etc. that is consistent with the state’s law system. If a person represents the Client for some reason, he/she
should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
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1.3 |
The Client understands and agree that the Service is provided AS-Is and that AA Hosting assumes no responsibility for the timeliness, deletion, failure to deliver
or store any Client communication or personalization settings.
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1.4 |
This Agreement will be automatically renewed at the end of the initial terms or any Renewal Term for a period of (360) days unless the Client provides AA Hosting
with written notice termination at least (15) days before the end of the initial term or renewal term, whichever is applicable. To provide your notice of
termination you must mail a signed letter of termination to:
Andy Allord dba/Outsource Solutions
W8121 County Road MMM #58
Shawano, WI 54166
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1.5 |
We urge all Clients to read and understand our TOS. If your account is cancelled for violations of any of these policies, the Client will not receive any
refund on the Client’s chosen hosting plan.
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| 2. | HOSTING SERVICES |
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2.1 |
Bandwidth – Each hosting plan includes enough bandwidth for monthly traffic for the intended purpose. Additional bandwidth is available by sending an email.
Bandwidth may cause your site to get suspended due to over bandwidth usage. (See Section 13 below)
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2.2 |
Disk Space – Additional disk space is available (see Section 14 below); to request additional disk space email.
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2.3 |
IP Address – AA Hosting traces all IP addresses for security and abuse reasons.
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2.4 |
SSH – Not included in hosting plans.
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2.5 |
IP Address – AA Hosting uses a shared IP address for all web hosting packages. If you require a dedicated IP email
for a custom quote. A dedicated IP address is important to starting SSH so the Client may wish to have the dedicated IP.
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| 3. | SERVICE LEVEL AGREEMENT |
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AA Hosting guarantees at least 99.9% uptime. This excludes scheduled maintenance, reboots, self-inflicted downtime, acts of God, backbone issues, DDoS attacks,
hardware failure, labor strikes, or other conditions out of the AA Hosting’s control. In the unlikely event AA Hosting fails to meet our network uptime guarantee,
we will issue a prorated credit to your account to be credited off your next invoice. Per the TOS, we offer no refunds.
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| 4. | MONEY BACK GUARANTEE/REFUNDS POLICY |
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AA Hosting offers a (5) five day money back guarantee, less any PayPal charges that were paid on payments made through PayPal. If you are not satisfied with our
hosting service, you must notify AA Hosting by sending an email. Any setup fees are non-refundable.
After (5) five days all payments to AA Hosting are non-refundable.
Money back guarantee only applies to the initial hosting billing cycle. Renewal fees are non-refundable.
If you believe you have been over charged or falsely billed, you must communicate these concerns to Outsource Solutions
within (24) twenty-four hours of such over charge or false billing.
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| 5. | PAYMENT POLICY |
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5.1 |
All fees for Service provided by AA Hosting are due in advance on the day of purchase for each billing cycle. AA Hosting will charge the Client with fees based
on the fee structure at the time of the sign-up. Client shall be responsible to ensure that full payment is received prior to the designated invoice due date.
Reminder invoices will NOT be sent.
All services suspended or disconnected for non-payment are subject to a mandatory reconnection fee of $35.00 per suspended or disconnected service. All reconnection
fees and past due amount must be paid BEFORE Service is reconnected.
Any account that remains delinquent for more than (10) days is subject to immediate cancellation of ALL Services provided.
In the event of cancellation for non-payment, all Services provided by AA Hosting will be terminated, and all associated data will be permanently lost.
The Client acknowledges that AA Hosting is NOT responsible for any data lost due to cancellation for non-payment.
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5.2 |
The Client understands if payment is made late and prior to suspension will be assessed a $5.00 late fee.
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5.3 |
All payments are due within (10) days of the date on the invoice. If payment is not made within (10) ten days after the invoice due date all Client services will
be suspended.
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5.4 |
Acceptable payment methods are Check/Money Order or PayPal. All checks and money orders must be made payable to Andy Allord.
All invoices that remain unpaid after (10) ten days of the designated invoice due date will be referred
to collections. In the event your account is referred to collections, the Client agrees to pay a collection fee of $100.00 in US dollars; in addition to the
original amount due and any reconnection charges. If civil litigation is deemed necessary to collect a past due balance, the Client agrees to pay AA Hosting
court and attorney’s fees, original amount due, and any reconnection fees and/or additional charges. The Client agrees to place a venue of AA Hosting under the
laws of the State of Wisconsin.
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| 6. | CHARGEBACKS |
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Initiation of any complaint or chargeback against AA Hosting constitutes a severe breach of this Agreement. A “complaint or chargeback” shall be defined as
initiating any form of complaint or chargeback with PayPal and/or your credit card issuer or bank.
Upon receipt of a complaint or charge back, or threat thereof, AA Hosting will immediately suspend or disconnect all Services provided to the Client. If we
do not hear from the Client within (24) twenty-four hours of such suspension, we will immediately cancel and terminate all Services provided by AA Hosting,
not just the service that is disputed. We will then initiate proceedings with collections to collect the full amount for Services that were charged back.
Collection fees apply to all charge backs, see paragraph 5.4.
Please note that threats of a complaint or charge back will be treated the same as an actual complaint or charge back.
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| 7. | CANCELLATION POLICY |
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7.1 |
The Client may cancel their Services with AA Hosting at anytime providing AA Hosting with written notice, mailed to Andy Allord dba/Outsource Solutions,
W8121 County Road MMM #58, Shawano, Wisconsin 54166; with not less than (7) seven days prior to then end of your current Service agreement.
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7.2 |
We must emphasize that if the Client does not cancel a Service at least (7) seven days prior to your next scheduled due date for that Service, it will be
assumed you intend to renew the Service for an additional billing cycle, and you will be responsible for payment of the next generated invoice. Failure to
pay an invoice will result in actions being taken in accordance with Section 5 of the Agreement and will be dispatched to collections.
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| 8. | SUPPORT POLICY |
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AA Hosting will provide priority technical support services to the Client for provided services, subject to the terms of the Agreement. Technical support
services are available (24) hours per day by sending an email outlining the issue you require support on. AA Hosting will respond to your service request
within (24) hours of submission.
Technical support will be limited to our area of expertise and operation of your website. AA Hosting will not answer questions or support development of
your website. In all cases, assistance with coding, programming, or third-party programs is not covered by our technical support.
We provide support solely for issues directly related to the physical functioning of the Client’s account.
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| 9. | SUPPORT ABUSE |
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Abuse or disrespect directed towards our staff or network staff will never be tolerated. If the Client is disrespectful, uses foul language, threatens us, or
do anything else we may find offensive, you will be considered in breach of this Agreement.
Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension, fines or disconnection of all Services provided,
or cancellation of all Services provided. Prior to un-suspension or disconnection of a Service suspended or disconnected for violation of this policy are subject
to a mandatory “Administrative Penalty” of $100.00 US dollars. As per this Agreement, no refunds will be offered in the event that cancellation
is considered.
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| 10. | ABUSE PROCEDURES |
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AA Hosting is under no duty to look at the Client’s activities to determine if a violation of the Agreement has occurred, nor do we assume any responsibility
through the Agreement to monitor or police internet-related activities. In the event the Client is found to be in violation of the Agreement, we will immediately
dispatch a “Policy Enforcement Notice” to the primary e-mail listed on the Client’s account. This policy Enforcement Notice will contain a list of files, logs,
or complaints as evidence of abuse, and a specified time period in which to resolve the issue. Failure to respond to a Policy Enforcement Notice within the
designated time period will result in suspension or disconnection of the Service that is in violation of the Agreement. Notification of a violation prior
to suspension or disconnection cannot be guaranteed in all cases. All Services suspended are subject to a mandatory “Administrative Penalty” of $100.00 US
dollars, which is due and payable prior to un-suspension or reconnection of a suspended or disconnected service. In the event of an emergency abuse issue, AA
Hosting reserves the right to access your account or server to suspend, clean or remove the offending material.
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| 11. | LIMITATION OF LIABILITY/WARRANTIES/BACK UP COPY |
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AA Hosting provides hosting services on an “As Is” and “As Available” basis without warranties.
AA Hosting shall not be responsible for any claimed damages, which may arise from AA Hosting servers going off-line or being unavailable for any reason
whatsoever. Further, AA Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from corruption
or deletion of any web site from one of AA Hosting servers. AA Hosting may or may not keep all files in backup disk(s). AA Hosting takes no responsibility
in the unlikely event that our file(s) become lost, deleted or stolen. It is the responsibility of the Client to keep a working backup copy of all your files
on your hard drive or other form of disk(s), in the unlikely event that your account is deleted or lost.
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| 12. | ACCEPTABLE USE POLICY |
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In order to provide for a safer, more reliable service, we are forced to restrict certain content and activity from our Services. This Acceptable Use Policy
provides an outline for content or activity that is prohibited on our servers. Any account found to be in violation of our Acceptable Use Policy is subject to
action in accordance with Section 10 of this agreement. The following would constitute a violation of this agreement:
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12.1 |
Child Pornography. Use of our service to host, distribute, or link to any website containing child pornography is strictly prohibited. Any account found in
violation of this provision will be immediately terminated from our servers and reported to the U.S. Customs Agency for prosecution. We urge anyone who finds
child pornography on the internet to report it immediately to the U.S. Customs Agency by calling toll free to 1-800-BE-ALERT.
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12.2 |
Copyright Infringement. AA Hosting supports all copyright laws. Use of our service to host any content that violates the copyright or trademark rights of
another person is strictly prohibited. Any account found to be hosting material that infringes another’s copyright will be ordered to remove the content from
the server immediately. Failure to do so will result in account cancellation.
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12.3 |
Denial of Service. Any Denial of Service (DDoS) attach originating from or directed toward our network cannot be tolerated. If the Client’s server is the
source of or target of any DDoS attack, your server may be immediately disconnected and/or your IP addresses null-routed.
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12.4 |
Fraudulent Websites. Use of our Service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam
is prohibited. Furthermore, any web site conducting fraudulent business by false advertising or poor business practices that may subject us to liability
or public ridicule are not welcome on our network.
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12.5 |
Hacking/Cracking. Any attempt to access or circumvent secured network devices using our network is strictly prohibited. Any server found to be hacking or
cracking will be immediately disconnected and cancelled.
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12.6 |
Harassment or Threats. Use of AA Hosting Services to transmit any material, by means of e-mail, uploading, posting or otherwise, that threatens or encourages
bodily harm or destruction of property, or that harasses another person. Such content is forbidden from our network and subject to termination. In the event a
crime is committed, the Client’s and AA Hosting’s local authorities will be contacted.
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12.7 |
Identity Theft. Use of AA Hosting services to host, distribute, or link to any stolen account identification information is strictly prohibited and will result
in immediate termination of all services and all information will be referred to the FBI.
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12.8 |
Illegal Use. Use of AA Hosting to promote, encourage, or conduct illegal activity is strictly prohibited. This includes, but is not limited to, web sites
promoting or encouraging illegal drug use (including “educational” websites), Warez usage, or anything else deemed illegal by United States Law and the State
of Wisconsin.
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12.9 |
Invalid Contact Information. All Clients must provide us with and keep current, valid contact information for their profile. Any Client found to have provided
us with a false name, address, phone number, or e-mail is subject to suspension and/or termination pending receipt of valid information from the Client and
subject to a mandatory reconnection fee of $25.00 US dollars, per service.
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12.10 |
IRC Networks. Use of AA Hosting network to host, distribute, or link to any IRC network or IRC program is strictly prohibited. Any account found to be hosting
any IRC related content is subject to immediate account termination and a $200.00 US dollar clean up fee.
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12.11 |
Pedophilia. Use of our service to host, distribute, or link to any descriptions of sexual activity involving children is strictly prohibited. Any Client
found hosting such content is subject to immediate termination and all information will be turned over to both the local authorities and the FBI.
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12.12 |
Phishing/Spoofing. Use of AA Hosting service to collect any personal, financial, or other data from other persons without their knowledge is expressly
prohibited. Any account found to be Phishing/Spoofing from our servers will be terminated without warning and referred to the FBI for prosecution.
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12.13 |
Scanning. Use of our service to probe, scan, or find vulnerabilities of secured network devices is strictly prohibited. This includes the use of port
scanners or any other tool that might constitute a violation of the Agreement. All users found in violation of this section are subject to immediate termination.
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12.14 |
Shell Accounts. Use of our service to host accounts primarily for shell access to the server is strictly forbidden. These types of services are simply asking
for abuse issues, and such are not allowed. Any website found in violation will be asked to cease and desist such service or face termination.
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12.15 |
Spam E-Mail. Use of our services to transmit Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) is strictly prohibited. Violations of this
carry severe penalties, including immediate termination of service. In the event the Client is found to be engaging in UCE or UBE, we will immediately launch
and investigation of the issue. We may seize the server in question for investigations. In the event it is found that the Client has engaged in UCE or UBE, we
will immediately terminate all Services provided to the Client and send to collections a “Clean Up Fee” of $500.00.
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12.16 |
Spamvertized Website. Use of our service to host or link to a website that is advertised or linked via UCE or UBE is prohibited. If the Client is hosting a
website that is advertised or linked to via UCE or UBE, the Client must terminate the website, regardless if the account in question sent the UCE or UBE.
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12.17 |
Support Abuse. As outlines in Section 10 of this agreement, any abuse or disrespect of our support staff will not be tolerated. This further includes abuse
of our helpdesk by sending multiple tickets for the same issue, “bumping” tickets, or otherwise abusing our staff or support resources. If Client violates
these terms, will be charged and “Administrative Penalty” of $25.00 US dollars.
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12.18 |
Terrorist Sites. Use of our service to host, distribute or link to any website or content that advocate terrorist activity are subject to immediate termination
of service and will be referred to the FBI for further investigation.
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12.19 |
Virus/Worm/Trojans. Use of our service to host, distribute, or link to any virus, worm, Trojan or other dangerous item will result in immediate account
termination without warning and be charged a “Clean Up Fee” of $1000.00 US dollars.
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12.20 |
Warez and Serialz. Use of our service to host, distribute, or link to any Warez or Serialz is strictly prohibited. Furthermore, hosting of any website that
promotes, encourages, or is related to use or distribution of Warez or Serialz is prohibited.
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| 13. | BANDWIDTH OVERAGES |
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If your account exceeds its monthly transfer quota, your account will be charged an additional $14.00 for each 5 Gigabyte of transfer that is over your plans
limit. If your account is exceeding its bandwidth limit every month, you are advised to upgrade your plan limits. Additional bandwidth is available, email
for a current price on additional bandwidth.
Failure to pay over the limit charges will suspend your website until these fees are paid, along with an additional $25.00 US dollar administration fee.
Continued failure to play will lead to collection action being taken.
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| 14. | DISK QUOTA OVERAGES |
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If your account exceeds its monthly disk quota, additional disk space will be automatically added to your account at the rate of $5.00 per month for each
10 Megabyte of additional disk space required.
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| 15. | RETURNED CHECKS |
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In case your check is returned by your bank for any reason, your account will be automatically suspended without notice and all the files will be removed
within (10) ten days. There is a $30.00 returned check fee.
To reinstate your account, the Client must pay the following fees: Amount of returned check, returned check fee of $30.00 and a mandatory reconnection
fee of $25.00. Payment must be made by money order and mailed to Andy Allord dba/Outsource Solutions, W8121 County Road MMM #58, Shawano, Wisconsin 54166.
A second offense of a returned check and all future payments from the Client will have to be money order only.
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| 16. | TERMINATION OF SERVICE |
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AA Hosting reserves the right to terminate an account at any time and for any reason that violate our Terms of Service Agreement.
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| 17. | MODIFICATIONS TO THIS AGREEMENT |
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AA Hosting reserves the exclusive right to modify or change this agreement, in whole or in part, without prior notice to you. It will be the responsibility
of the Client to view the latest available version of this agreement via our website at http://outsource-solutions.org.
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