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Terms of Service

AIM-D Design Lab Acceptable Use Policy and TOC

Agreeing to AIM-D Design Lab Acceptable use Policy and Terms of Conditions is mandatory for Hosting signing up or using ourservices. Please make sure you read everything. If you have any questions Contact Us.AIM-D Design Lab provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the bestservices available. All clients of AIM-D Design Lab are subject to the following terms of service:

Late Payments:

All accounts are billed according to the dates they were first activated on. Net amount due within 10 days of receipt of invoice. Accountsthat are past due may be disabled on an individual need-be-basis solely at our discretion.

Acceptable Use Policy:

All services provided by AIM-D Design Lab may be used for lawful purposes only. Transmission, storage, or presentation of anyinformation, 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 we judge to be threatening or obscene, or material protected by trade secret and other statute. Thesubscriber agrees to indemnify and hold harmless AIM-D Design Lab and its employees from any claims resulting from the use of theservice which damages the subscriber or any other party.

Our acceptable use policy is actively and strictly enforced. Offending contentor users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and whyany action has been taken. Pornography is prohibited on all AIM-D Design Lab servers This includes sites that include sexually explicitor hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites.If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if wecan host your site.

AIM-D Design Lab reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than thenegligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriberagrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of thecompany. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amountequivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liablefor any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data,harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We donot host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloadsmay only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on ourservers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered,although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation arenot refunded under any circumstances.

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable anyCGI script that effects normal server operation without prior warning.Banned Scripts :

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverseeffects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops

Proxy servers

Mail bombers

Anonymous mailers

IP spoofers

Port scanners

nph-proxy

UBB (Ultimate Bulletin Board, all versions)

Ikonboard, Yabb (except for MySql version)

Background Running Programs:

Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will beassessed based on resources on system maintenance needed.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers.

Backup:

AIM-D Design Lab is not responsible for backups for MySql databases. Subscriber acknowledges that they will backup their owndatabases from the backup utility provided from their control panel. AIM-D Design Lab will however do other backup's of websites,images, cgi-bin, mail, etc.

Commercial Advertising - Email:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs.Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.

SPAM /illegal contentadvertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any massunsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, withoutwarning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation.

We reserve the right to refuseor cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation willresult in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server isstrictly prohibited.

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold AIM-D Design Lab and it's associates harmless from any and alldemands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AIM-D Design Lab, its agents, itscustomers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or anyproduct sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AIM-D DesignLab against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed inconnection with AIM-D Design Lab servers;

(2) any material supplied by customer infringing or allegedly infringing on the proprietaryrights of a third party and

(3) copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of ouracceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our solediscretion.

LIMITATION OF LIABILITY:

AIM-D Design Lab shall not be responsible for any claimed damages, including incidental and consequential damages, which may arisefrom AIM-D Design Lab servers going off-line or being unavailable for any reason whatsoever. Furthermore, AIM-D Design Lab shallnot be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion ofany web site from one of AIM-D Design Lab servers.

All damages shall be limited to the immediate termination of service. Violations ofthese Acceptable Uses Policies should be referred to abuse@flyroof.com All complaints will be investigated promptly.

DISCLAIMER:

AIM-D Design Lab cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predictedestimate of profits in which a client would have gained if their site was functioning. Certain services provided by AIM-D Design Lab areresold. Thus, certain equipment, routing, software, and programming used by AIM-D Design Lab are not directly owned or written byAIM-D Design Lab. Moreover, AIM-D Design Lab holds no responsibility for the use of our clients accounts. If any terms or conditionsare failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account withoutadvanced notice for any reason without restitution as AIM-D Design Lab sees fit. FURTHERMORE, AIM-D Design Lab retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.