Terms Of Service

This is the all the legal stuff. Everything you need to know about acquiring services from ACS is contained in this TOS (Terms of Service). We expect all users of our services to read through this TOS and be familiar with what is and isn't allowed on our servers. By signing up for our services you acknowledge having read and agree to our TOS.

Shortcuts:

ACS = Agape Computer Services.
All users of ACS, and all customers upon signing up for ACS, agree to comply with ACS Terms of Service (TOS). The purpose of our TOS is to ensure customers are using our services with due regard to the rights of other Internet users and in compliance with the requirements of ACS network environment. ACS reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to the www.agape-computers.com website or notification of the modified TOS via Email announcement. Any complaints about a customer’s violation of the TOS should contact us. This TOS supersedes any other agreement with ACS or it's owners; written, oral, by conduct, or otherwise.

Violation of these policies may result in the suspension or termination of your account. ACS shall not be held liable for any refunds, damages or data loss if your account is terminated for TOS violations. No Modifications of this contract by customer is allowed.

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under in order ensure proper delivery of notifications. Setup is usually within 1 week but if manual verification is needed, setup may be delayed until the account information is properly verified.

Set up will not be activated until we can reach someone by phone to verify the order. These verification calls are done between 9AM and 8PM your local time. Set up may be delayed until such time as we can speak with the person placing the order at the number provided. To assure speedy set up and avoid order rejection, please include a valid telephone number.

We must have a valid contact details in order to provide service. This includes email (off server) as well as a valid telephone number and mailing address. ACS reserves the right to deny access to your account until proper contact details are provided. We also reserve the right to request additional details to verify your identity such as copy of credit card used or proper ID.

ACS reserves the right to refuse service at our sole discretion. We are based in the US. As such, ACS cannot offer service to individuals residing in countries and/or territories under current US sanctions.

Any falsified information during signup will result in refusal of service.

Changing the main domain to your account after initial signup may result in additional fees.

Accounts are non-transferrable without prior approval. Before any account is transferred to new ownership, proper verification by way of a $1.25 verification fee to a valid credit card or submitting a government issued ID is required.

You must be 18 or older to acquire service from ACS.

2.) Acceptable Content

All services provided by ACS Hosting may only be used for lawful purposes. Examples of unacceptable content include, but are not limited to: copyrighted material, material we judge to be threatening or obscene, hate sites, illegal pornography (eg. kiddie porn), warez sites, proxy scripts, dangerous or insecure scripts.

Forbidden | Unacceptable Content
--> No Cracked/Pirated software, and material that violates copyright law.
--> No Illegal MP3s or AVIs.
--> No Photos or Images for which you do not own the copyright.
--> No Eggdrops, Torrents, Virus/Trojans, IRC, IRC Files, Hack Programs, Hack Archives, Warez. (nor can you link to any of these items)
--> No Game servers.
--> No Hate, Threatening or Obscene sites (At ACS's sole discretion).
--> No XXX Sites or sites that sell pornographic material/sex toys.
--> No Gamer/Gaming related sites
--> No Anime themed nor related sites
--> No sites that link to unacceptable material as provided in this TOS
--> No proxy scripts, shell scripts or scripts that allow SSH or simulated SSH access.
--> No Doubler, Pyramid or HYIP programs.
--> No Free Email Accounts. You cannot use our service to supply free email accounts to users. We are not to be used as a free email service.
--> No sites from countries or regions under current US sanctions.
--> No sites or content that is not easily discernable or translated by our staff.
--> No Matt's FormMail due to multiple vulnerabilities.
--> No outdated/vulnerable scripts. You must have any and all scripts uploaded to our servers updated to the latest secure version at all times.

We reserve the right to suspend any anime, gamer related or other site that violates our TOS without notice.

Account termination for TOS violation negates any refund for unused time.

ACS reserves the right to reject any site we feel to be hateful, threatening or obscene. Certain formmail scripts such as matt's formmail.cgi and other known exploitable scripts will be removed without notice from our servers. These are often used by spammers. Please use an alternate secure formmail. Feel free to email support for suggestions.

All third party scripts must be the latest secure version. Failure to keep your scripts updated will result in suspension of account or other measures at ACS's sole discretion, including removal of script by our techs. If an exploit through a script you have installed on your Web hosting space causes harm to our servers or otherwise affects the performance of our services we reserve the right to terminate your account for TOS violation. We will automatically remove any insecure script, this includes insecure FormMail of any kind. We may also suspend the site at our sole discretion. If using a formmail script please be sure to use a secure option. Email sales if you need secure options.

2a.) Acceptable Content

--> ACS does not allow Pornographic sites on hosting plans.

Final decision is up to ACS management and admins. We will actively work with law enforcement officials to prosecute child pornagraphy or those found to be breaking the law. It is your responsibility to adhere to your local laws. It is at ACS's sole discretion to decide whether your content is acceptable under these terms of service. If you are not certain whether your content violates this TOS, please email with a sample link.

3.) Payment Information

You agree to supply appropriate payment for the services received from ACS, in advance of the time period during which such services are provided. You agree that until and unless you notify ACS of your desire to cancel any or all services received, those services will be billed on a recurring basis.

ACS reserves the right to adjust pricing plans and optional fees. There is a 24 hour grace period on payments. Your account is in risk of suspension if payment is not received by 12:01am the day after your account is due.

Payments made after the first 72 hours after invoice is due are subject to a $10 late fee.

Payments made with E-check may take 4-10 days to clear. If using E-check, please allow enough time before your payment due date as pending E-check payments do not constitute a paid invoice and past due accounts are still subject to suspension.

3a.) Suspension for Non-Payment

If your account is suspended for non-payment, a $10 reinstatement fee will be incurred. In addition, any special promotion or offers will be negated. If your plan has been discontinued you may be required to move to a current plan at the current published rates.

4.) Cancellations and Refunds

If not canceling within the first 30 days, the cancellation will be effective as of your next billing date. This applies to monthly, quarterly, semi-annual and annual payments.

--> 30 days advance notice is required.
--> Plans offer a 30 day money back guarantee if you cancel your plan within the first 30 days of signup. Only the hosting portion is refundable. SSL, domains, private label support ticket deposits, setup fees, billing software, etc are non refundable.

We reserve the right to refuse a refund if we find that you used your account against our Terms of Service or abused our support staff.

4a.) Required for Cancellation

In order to request cancellation of your plan, please submit a ticket through the helpdesk to the billing category. Please be sure to include the following information:
--> Domain name
--> Username
--> Date of Signup
--> Method of Payment
--> PayPal transaction number or last four digits of credit card used (depending on method of payment used)
--> Reason for Cancellation (optional)
--> Cancellation requests made via email to any other email and not via the help desk as instructed will not be honored.

After the initial 30 day cancellation window, cancellations are effective as of your next billing date.

4b.) Money Back Guarantee per Plan

Hosting : 30 day money back guarantee policy
You may cancel your hosting plan within the first 30 days and receive a full refund of the hosting portion of your payment if you are not completely satisfied. After the first 30 days, you may cancel at any time. However, your cancellation will be effective as of the next billing date.
On plans that include a 30 day money back guarantee policy you will be given a full refund of the contract amount minus $1.25 for the verification process.

Money back offer ONLY for first time customers
Add-ons, Domain names and set up fees are NON-REFUNDABLE.
SSL, install fees, IPs, are NON-REFUNDABLE
If you requested our account migration service, fees may be deducted for this if canceling after the work was completed.

4c.) Upgrade/Downgrade Policy

You can upgrade your hosting at any time. There are no additional fees other than the pro-rated difference between plans.
Plan downgrades are effective as of your next billing date.

5.) E-mail Policy and Zero Tolerance Spam Policy

Company has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as:

*The sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information.

This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of ACS whether or not the message actually originated from our network.

Block Removal. If Customer actions have caused ACS mail servers or ACS IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $200 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.

Header Forgery: Forgery of email headers (“spoofing”) is prohibited.

Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.

Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to ACS upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: ACS mass mailing rules also apply to mailing lists, list servers, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

6.) Backups & Data Loss

ACS provides free weekly backups to accounts as specified. Request for restoration of a backup stored on our servers will incur a $10 fee. We make no guarantees on the integrity of a backup.

You use our service at your own risk. ACS is not responsible for files and data residing on our servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored with ACS. Remember that ultimately, backups are your responsibility and ACS makes no guarantees as to having a backup available of your lost data.

7.) Resource Usage

a) Accounts on servers may not utilize 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, Mailing Lists, etc.
b) Users may not run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. No IRC.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Accounts on servers must not utilize more than an overall 10% CPU or Memory in any given day. If your site uses more than you will be required to upgrade your service.

8.) Configuration Changes and Module Requests

We do not honor any configuration changes or module requests on production servers. If the change or module is experimental, we may not enable the function as it could adversely affect the other users on the server. Changes to Mysql or PHP versions, as well as other server software, are not honored on these servers.

9.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold ACS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ACS, its agents, its customers, its owners and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ACS, it's owners and partners against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ACS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ACS.

You agree to hold any and all litigation in a Florida court.

ACS will not be responsible for any damages your business may suffer. ACS makes no warranties of any kind, expressed or implied for services we provide. ACS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ACS, it's owners, and/or its employees or partners. ACS reserves the right to refuse service. We reserve the right to limit what scripts and software is uploaded to our servers.

11.) Maintenance

ACS designates time periods ("Scheduled Maintenance Windows") during which it may limit or suspend the availability of the hardware and/or software involved in providing its Services and Products (an "Outage") to perform necessary maintenance or upgrades. Scheduled Maintenance Windows currently are between the hours of 12 am and 5 am Eastern Standard Time. If planned maintenance has the possibility of making the server or servers, as the case may be, utilized by Customer inaccessible to the Internet during a Scheduled Maintenance Window, ACS will provide not less than three (3) hours prior electronic mail or other notice to Customer of the Scheduled Maintenance Window during which the Outage is planned. ACS reserves the right to conduct maintenance without prior notice if the situation is urgent.

ACS reserves the right to make any changes to our servers without prior approval from our clients. These changes may be for performance or maintenance reasons. We are not responsible for any adverse affects our changes may have on your files, databases or configurations.

12.) Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

13.) Uptime Policy

ACS promises to have your hosting account up 99.9% of the month. This excludes all scheduled maintenance, reboots, self inflicted downtime, acts of god, backbone issues, Dos or DDoS attacks, hardware failures or data center induced outages. Your account will be credited a full month if we fall below our guarantee. Your account will be credited 1% of your bill for every 60 minutes that you are down not to exceed 50% of your monthly fee if we fail to keep our uptime guarantee.

To claim an uptime credit, please submit a support request and post your site monitor logs.

For accurate uptime monitoring please use a third party monitoring system.

14.) Right to Terminate

Any domain that causes harm, damage, crashes or otherwise compromises or affects other users will be terminated. We reserve the right to terminate any account we find to be hosting or storing files against our TOS. You are allowed to copy our TOS only. All other ACS content is copyrighted. This especially holds true for our testimonials. Under no circumstances can you copy our testimonials. Doing so may result in losing your account.
Any user in violation of this policy will have their site suspended and asked to remove it. Failure to do so will result in account termination. ACS reserves the right to terminate your account without warning if your offense is endangering the integrity or performance of our servers.
DoS attacks or any other attacks launched from within our servers or against our servers may result in your account being terminated. Determination is at ACS sole discretion.
ACS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this TOS or hinders performance on our servers, at our sole discretion. ACS also reserves the right to make any such modifications in an emergency at our sole discretion.
Domains placed on our servers must resolve to our servers. It is your responsibility to provide an offsite email address as your primary contact where you can be reached in case issues arise. We must also have a valid phone number on file as verified when placing your order.

15.) Support

--> ACS offers support via email or phone during normal business hours.

Abuse of our support staff will not be tolerated. Our staff will always respond in a courteous and respectful manner. We ask that you do the same. We reserve the right to suspend or terminate your account if we find you to be abusive to our support staff.

We do not support any third party scripts. We do not offer assistance with mail scripts, custom email configurations or database issues unless the issue is serverside. We are happy to investigate server side issues and resolve as necessary and available. Restore requests of databases will incur additional fees.

We do not offer FrontPage support aside from verifying that the proper FrontPage extensions are installed on your account. Issues with uploading or FrontPage itself must be handled by the software maker as required by their licensing agreement.

We do not support changes you make to your default DNS settings. Any changes you make to the standard DNS configuration remain your responsibility. The extent of our support on these issues is restoring DNS settings to default.

If you have any issues with a support staff member, please email our owner here.

16.) Account Migration

ACS will move your account(s) from your current cPanel hosting account. The move must be requested within the first ten (10) days of service by submitting an email.

It is important that you DO NOT create these accounts before the move. They will have to be deleted in order to process the transfer. We will make five attempts to connect to your prior host's cPanel server and move your accounts to our server. If these attempts fail, you can provide us with the cPanel backup and we will upload these backups to our servers for you. If we are unable to process the move or the move is incomplete after five attempts and a cPanel backup is unavailable you must upload the accounts manually.

ACS is not responsible for incomplete transfers or not being able to connect to your previous host's server.
If you do not have this access you must provide us with a cPanel backup or manually upload the account.

Hosting clients are limited to transferring one hosting account. The account we move must match the domain that you are hosting with us and a proper backup be uploaded to the domain's account via FTP so that we can restore. Support can provide further instructions upon request.

ACS reserves the right to limit the number of transfers per account.
If any of your scripts require changes to the code due to the new location or name of the databases, it is your responsibility to make these changes.

If you request a refund under our 30 day money back guarantee policy after the migration has been requested and completed a $25 per hour of admin work fee will be applied to your account.

Please note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorized access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation.

We prefer to advise customers of inappropriate behavior and any necessary corrective action that must be taken prior to suspending or terminating an account. However based on the nature of the violation, immediate termination or suspension of service may be required.