This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of your use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to you or any agent, employee, servant or person authorized to act on your behalf. "We", "Us" and "Our" refer to Appalachian Hosting as well as its subsidiaries and sister companies (collectively "Appalachian Hosting"). This Agreement explains our obligations to You, and explains your obligations to us for various services offered by Appalachian Hosting. When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Appalachian Hosting service(s) or products or to cancel Your Appalachian Hosting service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

1. Sharing of Information. As a condition of purchasing and using Appalachian Hosting's product(s) and/or service(s), You acknowledge and agree that Appalachian Hosting may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and to participate in polls and surveys; and (b) Information Appalachian Hosting gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to users' needs and to help our advertisers and sponsors better understand the demographics of our audience. Because Appalachian Hosting derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping our select services free to users. Under no circumstances does Appalachian Hosting divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Appalachian Hosting can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois.

2. User Obligations. You represent and warrant to Appalachian Hosting that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Appalachian Hosting shall not be used in connection with any illegal activity.

3. Network Interruptions. Appalachian Hosting will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Appalachian Hosting be liable to You for any damages resulting from or related to any failure or delay of Appalachian Hosting in providing access to the Internet under this Agreement. In no event shall Appalachian Hosting be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Appalachian Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Appalachian Hosting account may not be transferred without prior written approval from Appalachian Hosting.

5. IP Address. Appalachian Hosting assigns to You an Internet Protocol ("IP") address in connection with Your use of the Appalachian Hosting services. The right to use that IP address will remain with and belong only to Appalachian Hosting, and You will have no right to use that IP address except as allowed by Appalachian Hosting in its sole and absolute discretion.

6. Payment Terms.

• You may receive a refund if Your account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. We will deduct 6% administrative fee before initiating the refund. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees. Important: If You cancel within the first 30 days and has registered new domain names with us during this time period, Appalachian Hosting will charge You a one time fee of $9.29 per domain name if You do not wish to continue with the domain name transfer, at a cost of $15 per transfer. These terms are in place to prevent abuse of our free domain name(s) service.
• Appalachian Hosting may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
• If Your account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
• If You improperly charge back for services rendered, Your account will be terminated and a $150.00 charge back fee will be added to the amount charged back by You.
• If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
• For closed accounts there is a $25 per incident charge for all inquiries regarding previous services and or support.
• Although backups of new/changed data are made on a daily basis, no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Appalachian Hosting, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Appalachian Hosting will attempt to recover the data from the most recent archive for a $25.00 fee.

7. Secure Shell ("SSH") Access. To request SSH access You need to contact support. Upon receipt of SSH request, support will ask that the following be provided: faxed photo copy of a photo ID or the same sent to us through email. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

8. Cancellation. In order to cancel an account with Appalachian Hosting, the Account Holder must submit a helpdesk ticket under Billing Issues category at least 7 working days before the account is due to renew. This is the only way in which the user may officially terminate his or her account with Appalachian Hosting.

9. Prohibited Activities:

You agree not to engage in unacceptable use of any of Appalachian Hosting products and/or services, which includes, without limitation, use of Appalachian Hosting products and/or services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, Appalachian Hosting, in its sole discretion, may permit You, if You have a legitimate purpose and after written request, to send more email than Appalachian Hosting's standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Appalachian Hosting to be in conflict with the spirit or intent of this Agreement or any Appalachian Hosting policy; or (ix) use Your server as an "open relay" or similar purposes. This includes but is not limited to pirated software, hacking programs or archives, warez and mp3 sites and IRC bots. Appalachian Hosting is the sole arbiter as to what constitutes a violation of this provision.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
It is a violation for anyone to employ posts or programs which consume excessive CPU time or storage space; permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the user's own account; or resell access to CGI scripts installed on our servers. Appalachian Hosting prohibits the running of a public recursive DNS service on any Appalachian Hosting server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. Appalachian Hosting actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
You are responsible for ensuring that there is no excessive overloading of Appalachian Hosting's DNS system or servers. In the event that You exceed Your allotted bandwidth and thereby overload Appalachian Hosting's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Appalachian Hosting's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Appalachian Hosting reserves the right to immediately remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of Appalachian Hosting products and/or services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that Appalachian Hosting has the right to remove Your server content temporarily or permanently from its dedicated servers if Appalachian Hosting is the recipient of activities that threaten the stability of its network.
You agree not to provide free services such as free hosting, free subdomains or free email accounts. Account holders found violating this section will be terminated immediately and all payments forfeited.

10. Disk Usage Provision. 90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota.

11. Storage and Security. At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Appalachian Hosting servers; and (iv) ensure the confidentiality of Your password. Appalachian Hosting's servers are not an archive and Appalachian Hosting shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Appalachian Hosting are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Appalachian Hosting shall have no liability to You or any other person for Your use of Appalachian Hosting products and/or services in violation of these terms.

12. Transfer of Content. In the event You terminate this Agreement or Your use of Appalachian Hosting products and/or services, then moving Your server content off of the Appalachian Hosting dedicated servers is Your responsibility. Appalachian Hosting will not transfer or FTP Your server content to another provider. In the event Your use of Appalachian Hosting products and/or services is terminated, Appalachian Hosting will not transfer or manage Your Dedicated Services or Your server content.

13. Third-Party Software. Additionally, in the event You elect to install or seek assistance from Appalachian Hosting in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant that You have the right to use and install such third-party software and that the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Appalachian Hosting and its employees, officers and directors for, from and against any and all claims brought against Appalachian Hosting and its employees, officers and directors by a third-party alleging that such software infringes (i) the third-party's rights or (ii) a U.S. patent, trademark, copyright or other intellectual property right, and shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements made by Appalachian Hosting in connection with any such claims

14. Appalachian Hosting Reservation of Rights.

Appalachian Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Appalachian Hosting ; (ii) establish limits and guidelines concerning the use of Appalachian Hosting services and/or products; (iii) terminate Your use of Appalachian Hosting services and/or products for use of Appalachian Hosting services and/or products to unnecessarily or illegally harass Appalachian Hosting or third parties, non-payment of fees for Appalachian Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Appalachian Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Appalachian Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Appalachian Hosting services and/or products if Your use of Appalachian Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Appalachian Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Appalachian Hosting services and/or products at any time and for any reason if deemed reasonably necessary by Appalachian Hosting. Appalachian Hosting has no obligation to monitor Your use of Appalachian Hosting services and/or products, but reserves the right in its sole discretion to do so.
Right of refusal. Appalachian Hosting has the right to refuse services to anyone at our discretion.

15. Limitation of Liability; Waiver and Release. The services offered by Appalachian Hosting are being provided on an "AS IS" and Appalachian Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Appalachian Hosting expressly does not warrant that Appalachian Hosting services and/or products will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall Appalachian Hosting be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if Appalachian Hosting is aware of or has been advised of the possibility of such damages.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Appalachian Hosting and all affiliates of Appalachian Hosting, and all officers, agents, employees, and representatives of Appalachian Hosting, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the products and services and Your acquisition and use thereof, including, but not limited to, the provision of Appalachian Hosting services and/or products by Appalachian Hosting and its agents and employees.

16. Notices. You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

17. Legal Age. You attest that you are of legal age to enter into this Agreement.

18. Final Agreement. This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between You and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of us.

19. No Agency Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

20. Waiver. The failure of us to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

21. Enforceability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

22. Assignment and Resale. Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the products and/or services (or portion thereof) without Appalachian Hosting's prior express written consent.

23. Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Appalachian Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Appalachian Hosting may immediately terminate this Agreement.

24. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.