>> Terms of Service
This Terms of
Service ("TOS") sets forth the terms and conditions of your use of
Active-Venture's ("active-venture.com") web hosting services, e-commerce
and other Internet-related services. In this Agreement "you" and
"your" refer to each customer and "we", "us" and
"our" refer to Active-Venture. By selecting our service(s) you have agreed
to establish an account with us for such services. When you use your account or
permit someone else to use it to purchase or otherwise acquire access to additional
Active-Venture service(s) or to cancel your Active-Venture service(s) (even if we
were not notified of such authorization), this TOS covers such service or actions.
By using the service(s) provided by us under this TOS, you acknowledge that you have
read and agree to be bound by all terms and conditions of this TOS, and any
pertinent rules or policies that are or may be published by Active-Venture.
Use of Our Services
To ensure the
integrity and efficiency of all services provided by Active-Venture, the observation
of conditions of use for the following services are vital to the quality of service
we offer each account holder that shares the same web hosting server:
Server space and
You may occupy only
the amount of disk space that are allocated to you according to the service plan you
have subscribed to and utilize no more than the network bandwidth that is allotted
by us. Additional fees, specified in the web hosting services page, will be charged
for exceeding the disk space and/or network bandwidth allowance of your selected
plan. However, if the resource usage is excessive and causing disruption to other
account holders on the same server, we reserve the right to deactivate the account
pending your cooperation and resolution.
You are free to use
any scripts you wish provided they do not affect the normal operations of the
server. CGI scripts can be resource intensive and because a web hosting server is
shared with other users, we must limit how much of the system resources can be
used by any one account on a shared server. Scripts that are commonly known for
causing server disruption include large cgi-based message forums, auctions, and
banner exchanges. In the event a script affects normal server and/or administrative
operations, we reserve the right to disable the account pending your cooperation and
resolution. Active-Venture will be the sole determinant of what constitutes degraded
daemons and background processes
daemon is any process that runs continuously in the background that is not started
or operated by Active-Venture. Only daemons that have the express written permission
of Active-Venture are permitted to operate on the our servers. However, if any of
these daemons start to exhibit operating problems, we reserve the right to terminate
the daemon immediately and restrict its ability to restart.
Any account found to
be operating any programs and/or daemons that open listening sockets on our server
are expressly forbidden and will be terminated at our discretion.
provides SSH access to all our customers without extra charge. However, due to the
flexibilities of SSH, it allows
possibilities for error, and actions which may cause harm to the server. SSH
access to an account is provided as a privilege which can be revoked and
permanently denied if user's
activities appear detrimental to the health and security of the server.
All user activities
performed via SSH access will also be logged and monitored by Active-Venture for
security purpose. You are expressly requested not to modify nor delete any account
log files such as ".bash_history" in your root directory. Violation of
this rule could subject your account to immediate suspension.
not allow bots of any kind to be operated on our web hosting servers. This includes,
but not limited to, IRC servers, IRC bots, proxies, anonymizers, and web transversal
Chat Servers of any
kind are strictly prohibited. Chat scripts, especially CGI and/or PHP scripts, have
proven to be disruptive on web hosting servers and can hinder the performance of
normal delivery for other account holders. For this reason chat scripts/clients,
that are not Java based or hosted by a third party provider, are not permitted on
any of our web hosting servers.
All SSI calls should
be made from files that are in accordance with established naming conventions. This
means all SSI calls should originate from files that are named with the .shtml or .shtm
file extensions. Active-Venture reserves the right
to disable any SSI that is not being called from a file with the .shtml or .shtm
All web hosting
packages include access to the pre-installed EZ-MLM mailing list software. It is important that you use
such tool accordingly. If you
are sending to large mailing list (exceeding 1000 addresses) you should contact
Active-Venture requesting permission to send the mailing through the our servers
prior to sending any messages. Should such a large mailing disrupt normal services
or create unacceptable server loads, the account associated with the mailing risks
Due to their use of
flat files instead of databases, Active-Venture does not allow the use of UBB or
YABB bulletin boards. Use of these boards for large or very active forums, results
in system performance degradation, and cannot be allowed in our shared hosting
environment. We suggest using VBulletin or phpBB as a more efficient,
database-driven alternative to these bulletin boards.
Sharing of your
In general, we do
not restrict you from sharing your account resources with other non-account holders.
However, if you choose to give away and/or sell any service provided by
Active-Venture, within or in addition to your account, we do reserve the right to
contact you to request for suspension/reduction on your account usage if the
resources being used are above and beyond the reasonable usage of an account on a
shared hosting server.
agreed to host/service you and your account only. All users permitted access to the
services provided by us, via your account, are also bound by this Terms of Service.
If these users violate the Terms of Service your account would be placed in jeopardy
and at risk of termination.
Resource Usage and/or Abuse
Any account that
affects the normal operation of any of the services provided by Active-Venture
including, but not limited to, administrative tasks, technical support, database
services, server access, network speed, content or email delivery, may be
deactivated in an effort to restore normal operations.
In the event of
account deactivation, we remain the final authority in determining whether or not
the account will be reactivated. The severity of the violation, as well as the
account holder's cooperation and ability to prevent future abuses, will be
considered by Active-Venture when determining whether or not the account will be
Back-Up Files and
All our shared
hosting servers will be back-up on daily basis. However, we do not guarantee the
existence, accuracy, or regularity of the back-up services and, therefore, you are
responsible for making back-up files for your account. We do not restore single
files or directories in the event of your accidental deletion. The back-ups we do
daily are system wide for full restoration and not available for single file
retrieval. You will need to restore the contents from your own back-up files. It is
important that you keep a local copy of your files at all times for situations such
Prohibited Services and Activities
services and activities are strictly prohibited on any of our shared hosting
Our services may be
used for lawful purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any copyright/trademark, as well as
the participation or promotion of violence, racism, or other defamatory content of
any kind are prohibited.
You may not use any
of our services to transfer illegal, copyrighted, trademarked, patented, or trade
secret material without the prior permission of the author or owner. This includes
pirating software (warez), audio/video files, cracks and/or registration codes, in addition to offering
links, directories, and redirections, to other sites that do so. If we find that
this is occurring on your account it will be used as grounds for immediate
termination of your account.
prohibited on all our shared hosting servers. This includes sex-related content
and/or merchandise as well as links to pornography, sex-related content, and/or
merchandise. In general, frontal nudity (not for science, health, fine art, or
general educational purposes) and/or content meant to sexually arouse is prohibited.
Child Pornography of any kind is prohibited on all servers and will be reported to
the authorities if found. Active-Venture reserves the right to decide what it
considers "adult content", "adult material", "sexually
explicit", or "sexually related". If you are unsure whether or not
your site falls into this category feel free to
contact us with a description and link for
review before you place an order.
(Unsolicited Commercial Email)
Active-Venture has a
strict "No-Spam" policy. The abuse and misuse of email is a serious
problem, and we will not tolerate it. Sending spam is a direct violation of
Active-Venture's Terms of Service and is cause for immediate termination without
considers spam to be any unsolicited email, often of a commercial nature, sent
indiscriminately to mailing lists, individuals, or newsgroups, among other mediums.
Any account found to be associated with the delivery of spam will be immediately
terminated without warning and without refund. We reserve the right to refuse or
cancel services to known spammers.
Mailing lists and
mass outgoing email is acceptable and many times necessary. However, we require that
you send such messages only to those who have explicitly requested to receive them
and clearly identify yourself as the sender. Forging or misrepresenting message
headers, whether in whole or in part, to mask the originator of the message is
prohibited. Active-Venture reserves the right to decide what it considers
"Spam", "UCE", "mail bombing", or "bulk
Hacking, Cracking, and Scanning
and/or without authorization to content, services, computers, accounts, or networks
belonging to Active-Venture or another party, or attempting to penetrate security
measures of Active-Venture or other parties is
prohibited and will result in immediate account termination. This includes 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).
any activity or containing code/scripts/binaries etc that appear to be for the
purpose of violating or disrupting the services and/or content of others will be
terminated immediately without notice and without refund. Active-Venture may also
report any activity of such nature to the proper authorities as well as providing
any information we may have to assist the authorities in contacting the party
responsible for storing or using of these types of tools.
engaging in activities, whether lawful or unlawful, that Active-Venture determines
to be harmful to our customers, operations, reputation, goodwill, or customer
The responsibility for avoiding the harmful activities just described above rests
primarily with you. Active-Venture will not intentionally monitor the communications
of our users to ensure that they comply with our policy or applicable law. However,
we will take necessary actions to stop any harmful activity, including but not
limited to, removing information, shutting down your account, implementing screening
software designed to block offending transmissions, denying access to the Internet,
or take any other action we deem appropriate.
also disclose information, including but not limited to, information concerning your
account, 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. We assume no obligation to inform you that your
information has been provided and in some cases may be prohibited by law from giving
Payment for Our Services
Payment due dates
for your account are set to the 1st day of each month. All payments are to be paid
on time. A payment reminder shall be delivered to you by email about 5 days before
your payment due date. You are required
to remit payment to Active-Venture by no later than 10 days after the specified
payment due date. In situation where recurring billing has been arranged,
Active-Venture shall debit your specified credit card 1 day before or after the
payment due date. Any account that is unpaid 10 days after the due date is at risk
of deactivation and/or extra fees. Accounts that remain deactivated for 30 days will
be deleted without notice and backup provisions.
You may cancel your
account at any time by sending a request to our billing department: email@example.com. Canceled and/or terminated
accounts will be deleted within 48 hours and without backup provisions. Refunds for
pre-paid account or account under 30-day money back guarantee will be made within 24
hours of account cancellation.
No refunds will be
made for the current month of service (ie. there will be no refund if you are paying
by monthly). For pre-paid accounts, refunds will be issued for any unused full month
month portions (eg. if you pre-paid for 6 months and cancelled your account on the
3rd month, we will refund you for the remaining 3 months).
You will be
responsible for and will pay in full, any taxes and similar fees now in force or
enacted in the future imposed on the transaction and/or the delivery of our
Any account that has
been deactivated for any violation or non-payment will not be eligible for the 30
day money back guarantee. No refunds will be provided for any pre-paid fees in cases
of account deactivation due to violation of our Terms of Service.
reserve the right to revise our prices at any time. If you have chosen to pre-pay
for your account, the cost of the service already paid for will not be affected by
any price changes whether they are raised or lowered. However, once your account is
due for renewal, the new prices will be applicable.
Disclaimer and Indemnity
Upon your request
for any of our services, you agree to be bound by Active-Venture's current
Disclaimer published on our site ("Disclaimer").
The Disclaimer can be found at http://www.active-venture.com/disclaimer.htm.
You agree to
release, indemnify, and hold Active-Venture, its directors, officers, agents,
employees, affiliates and all other persons or entities acting in any capacity on
Active-Venture's behalf harmless from any claims, losses, or damages, including
legal fees, from any claims or liabilities arising from the use of our services
which caused damages to you or any other party.
Use of our hosting services
require a certain level of basic knowledge in the use of programming languages, Internet protocols, and
website design software. The level of knowledge required varies depending on the anticipated use and desired content
to be provided on your web site. Following are some of the knowledge you are expected to be
Web design and publishing: requires a knowledge of HTML,
uploading/downloading of web page contents, use of FTP programs or site design software,
use of images, text, and multimedia content, etc.
CGI-scripts: requires a knowledge of the UNIX environment,
You agree that it is not the responsibility of Active-Venture to provide
such knowledge or technical support outside of our defined services.
Active-Venture makes no warranties or representations of any kind, whether expressed or implied for the services
we are providing. Use of any information obtained by way of Active-Venture is at the your own risk, and
we specifically denies any responsibility for the accuracy or quality of information obtained through
Modifications to Active-Venture's Terms of Service
You agree, during
the period of this TOS, that we may: (1) revise the terms and conditions of this TOS;
and (2) change the services provided under this TOS, at any time. Any such revision
or change will be binding and effective immediately on posting of the revised TOS or
change to the service(s) on Active-Venture's web site, or on notification to you by
email. You agree to review Active-Venture's web site, including the TOS,
periodically to be aware of any such revisions. If you do not agree with any
revision to the TOS, you may terminate your account at any time by providing us with
notice by email at firstname.lastname@example.org.
Notice of your termination will be effective on receipt and processing by us. You
agree that, by continuing to use the Active-Venture services following notice of any
revision to this TOS or change in service(s), you abide by any such revisions or
changes. Your continued use of our services shall constitute your acceptance of this
TOS with the new modifications. You acknowledge that if you do not agree to any of
such changes, you may request that your account be cancelled. You agree that such
cancellation will be your exclusive remedy if you do not wish to abide by any
changes to this TOS.
Limitation of Liability
YOU AGREE THAT
ACTIVE-VENTURE WILL NOT BE LIABLE FOR ANY (1) USE OF YOUR WEB HOSTING ACCOUNT, (2)
INTERRUPTION OF BUSINESS, (3) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR
THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER; (4) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD; (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND OUR CONTROL; (7) THE PROCESSING
OF THIS APPLICATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. ACTIVE-VENTURE 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 WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Breach and Revocation
reserves the right to suspend, terminate or modify our services we provide in the
event (a) you materially breach this TOS and do not cure such breach within the
period of time stipulated by us in our notice to you, (b) you use any of our
services to send unsolicited commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies of the Internet, (c) you use
your web hosting account in connection with unlawful activity, or (d) grounds arise
for such suspension, cancellation, or other modification as provided for in this TOS.
Right Of Refusal
our sole discretion, reserve the right to refuse or cancel any service provided to
you, or to delete your account within five (5) calendar days from receipt of your
payment for our services. In the event we do not accept your request of our service,
or we delete your account within such five (5) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to you for any
loss or damages that may result from our refusal to accept you request for our