Terms of Service (TOS)
Where the content states: “We” includes Aspiration Hosting or any party acting on Aspiration Hosting’s implicit instructions. “You”, “Client” or “Customer” includes the person purchasing the services and/or any party acting on the customer’s instructions. “Member” includes the purchaser of services and/or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. Aspiration Hosting reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement.
By using any portion of Aspiration Hosting’s service, you are agreeing to this service agreement on this document entirely.
Domain Name Registration and SSL Certificates
- We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
- The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
- We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
- We shall not release any domain to another provider unless full payment for that domain has been received by us.
- Aspiration Hosting reserves the right to revoke or refuse an SSL certificate with or without prior notice.
- Aspiration Hosting reserves the right to increase/decrease our SSL prices at anytime with or without prior notice.
- Aspiration Hosting reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available.
- Aspiration Hosting provides no warranties or guarantees on the nature and functionality of the certificates.
- Aspiration Hosting does not provide technical support for SSL certficates apart from installing it for you.
- SSL certificates issued free of charge because it was part of your package can be used on either Aspiration Hosting servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.
- SSL Certificates & Free domains (if applicable) can only be received after successful payment and after our 30 Days Money Back Guarantee period has ended.
- If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
- Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website.
- Domain renewal reminders will be sent in advance of expiration via email to the address stored in our Client Area.
- Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $500.
Web Hosting Account
- Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, MySQL services, etc. Web hosting services are defined as allowing a separate, third party to host content on the owner’s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by submitting a ticket to Aspiration Helpdesk. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on Aspiration Hosting Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
Use of Services
- Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
- Excessive resource usage – cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by Aspiration Hosting at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. Aspiration Hosting reserves the right to terminate any process which it deems to be using excessive resource usage.
- Background processes – background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from Aspiration Hosting is server abuse.
- Compiling – User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
- Mailing lists operated on Aspiration Hosting servers must be double opt-in with specific clear instructions in order to opt-out.
- Pornography – Aspiration Hosting prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art and sexual pleasure devices (sex toys). Written permission must be obtained before any pornographic material is stored and/or transmitted through Aspiration Hosting servers.
- Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
- Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. Aspiration Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
- Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and Aspiration Hosting reserves the right of interpretation as to what constitutes abusive practices. In short – if you are unsure that your actions may be perceived as an abuse of service, contact Aspiration Hosting directly to check with us before proceeding.
- Ignorance of your actions and consequences does not exempt you from liability.
- Aspiration Hosting reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by Aspiration Hosting. The customer agrees to pay all financial penalties placed by Aspiration Hosting in full and within 30 days.
- Email abuse – Unsolicited Commercial Email [‘Spam’] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
- Trafficking of illegal content – in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a Aspiration Hosting servers.
- IRC sessions – Using Aspiration Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any Aspiration Hosting server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
- Hacking / Denial of Service – Network activity that constitutes an attack on any internet host from a Aspiration Hosting is grounds for immediate termination of likely prosecution.
- Selling for free – Aspiration Hosting prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
- Proxy websites and such are prohibited.
- Any reselling of Aspiration Hosting services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances.
- Aspiration Hosting backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. We do not make any guarantees on the integrity and reliability of the backups.
- Aspiration Hosting guarantees a 99.9% server uptime to shared hosting customers. The following credit schedule applies (for the next hosting invoice):
- 99.50 – 99.89 = 50% service credit
- 99.00 – 99.49 = 60% service credit
- 98.00 – 98.99 = 70% service credit
- 95.00 – 97.99 = 80% service credit
- 93.00 – 94.99 = 90% service credit
- 90.00 – 92.99 = 100% service credit
- Customers claiming credit under our uptime guarantee must do so by opening a ticket within 72 hours of the incident with their Client Area Email, cPanel Domain and the Last Payment Transaction ID. All requests after 72 hours of the downtime incident happening will be void.
- Uptime guarantee and crediting schedule do not apply to dedicated servers.
- Aspiration Hosting has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/dowtime.
- Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. Aspiration Hosting reserves the right to refuse a promotion to a customer.
- Aspiration Hosting reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
- Aspiration Hosting reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
- General – Services provided by Aspiration Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. The subscriber agrees to indemnify and hold harmless Aspiration Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
- Content – Possess of links to unacceptable content include, but are not limited to the following is prohibited:
- Copyrighted media, without authority to distribute or display
- Unlicensed applications
- Cracking programs or key generators
- Child pornography or kidnapping material
- Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
- Terrorist propaganda, racist material, or bomb/weapon instructions
- Virus/Virii, Spyware, Malware, or other infectious material
- Material protected by trade secret or other statute
- IRC and associated programs (including psybnc, “bots”, etc…)
- Scripts commonly used for abuse, attacks, or flooding
- Threatening, harrassing, or obscene content
- Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…)
- Any attempts to undermine or cause harm to the Aspiration Hosting equipment, network, operations, or clientele is STRICTLY prohibited. Aspiration Hosting will pursue legal action to the fullest extent for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Aspiration Hosting, is prohibited. This includes, but is not limited to Denial of Service Attacks (DOS/DDOS), Unnecessary Port Scans, Mail Bombing, Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.
- Bulk Email – We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Aspiration Hosting network, or spamvertising (unsolicited advertising of) sites hosted on the Aspiration Hosting network is STRICTLY prohibited. Legitimate bulk email meets the following criteria:
- The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
- Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.
- All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.
- If Aspiration Hosting approaches a client for evidence of confirmation, this request must be honoured within 12 hours.
- Failure to meet the acceptable criteria for bulk mail may lead to immediate termination. Additionally, if such actions have caused mail servers or IP address ranges on the Aspiration Hosting network to be blacklisted, Aspiration Hosting reserves the right to assess a $150 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM – 8AM EST.
- Policy violations – Aspiration Hosting may, at any time, audit systems for any data/activity showing potential policy violations. The Aspiration Hosting Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Aspiration Hosting staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 12 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.
- Refunds and cancelation – Refunds will not be provided if the client wishes to cancel the servers. All cancelations of service will need to be done at least 10 days before the end of each due date. Otherwise, the client will be charged for the following period of service.
- Suspension/deactivation – If any terms or conditions are failed to be followed, the client risks service suspension or termination. Aspiration Hosting reserves the right to remove any account, without prior notice. If Aspiration Hosting deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.
- Reactivation – If a service is suspended, the client will be required to pay a reactivation fee of $100.00 when requested, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Aspiration Hosting
- Unauthorized usage – In any case involving unauthorized parties utilizing a Aspiration Hosting service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. Aspiration Hosting may opt to disable all services until the client can perform such an investigation. If the technical support of Aspiration Hosting is required for the investigation, the client agrees to compensate Aspiration Hosting at a rate of $65/hour for such services performed, if such services are not included in the client’s current service package.
- In general, the client is responsible for maintaining a secure system. This includes, but is not limited to requesting kernel updates, applying application patches, etc. Additionally, Aspiration Hosting will not be responsible for securing third-party applications.
- The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.
- Resource usage – Aspiration Hosting will be the sole arbiter as to what constitutes a violation of resource usage limitations.
- Bandwidth – Overage fees will apply to any service utilizing more than it’s assigned bandwidth allocation, except for those services advertised/sold as “Unmetered”. Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Aspiration Hosting may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.
- Port Usage – Basic Dedicated are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size or specified/requested as a capped port. Aspiration Hosting reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client’s data transfer rate affects other Aspiration Hosting clientele, Aspiration Hosting reserves the right to throttle and/or disconnect the service causing such a problem.
- Filtering – Aspiration Hosting reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc…). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.
- Idle timeouts – Aspiration Hosting may disconnect any idle connection to the network.
Payment and Bills
- All accounts are set-up on a pre-pay basis only.
- Aspiration Hosting provides a 3-day no interest credit period to the customer to allow resolution of any payment issues. Aspiration Hosting reserves the right to reduce the credit period time at its own discretion at anytime. Aspiration Hosting reserves the right to impose a late fee for unagreed late payments, depending on situations.
- Aspiration Hosting will suspend your account if outstanding bills have not been paid in within 5 days or less. Aspiration Hosting reserves the right to suspend the account anytime after the invoice is overdued.
- If outstanding bills owed to Aspiration Hosting have not been paid in full and no further credit arrangements have been made, Aspiration Hosting reserves the right to suspend or terminate all hosting accounts and deactivate all other services purchased through Aspiration Hosting until all owed amounts have been paid in full.
- After account suspension, Aspiration Hosting will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
- Aspiration Hosting reserves the right to impose a re-activation fee for accounts that have been suspended.
- Aspiration Hosting reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time.
- Dedicated Servers – Dedicated servers will be suspended if the invoice is overdue for 1 day and terminated if invoice is overdue for 3 days.
Refunds & Cancellations
- You can only cancel your account by opening a support ticket with our Billing Department supplying your Client Area Login Email and Hosting Service Domain.
- If you do not cancel using the procedures set in the above, your account will not be canceled and will be subject to charges.
- Accounts canceled under our 30 Days Money Back Guarantee are subject to a full refund for the hosting account only (less any additional fees), UNLESS the account was purchased under a special promotion held by Aspiration Hosting in which case the terms of the special promotion will apply.
- Any free/paid additional services provided (if applicable) are deducted from the total refund amount of customers requesting a refund under our 30 Days Money Back Guarantee. They will not be refunded as part of the 30 Days Money Back Guarantee guarantee and thus considered as chargeable items.
- If you have violated our Terms of Service, the 30 Days Money Back Guarantee no longer applies to you.
- Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 30 Days Money Back Guarantee.
- Dedicated server orders are not governed by our 30 Days Money Back Guarantee.
- If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.
- You must allow up to 30 days for credit and refunds to be processed and applied to your account.
- If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 30 days to request a refund regardless of how many days, weeks, months or years you have paid for.
- Dedicated Servers – All cancellations of service will need to be done at least 10 days before the end of each due date. Otherwise, the client will be charged for the following period of service.
- Aspiration Hosting does not provide full support and application support for 3rd party scripts including all scripts listed in Installatron, Softaculous, etc and any other script.
- If you open a ticket requesting support for a 3rd party script, your ticket will be answered in a “best effort” basis, which does not guarantee resolutions.
- The offer of any particular service does not constitute an obligation on Aspiration Hosting part to tutor the necessary skills to utilize that service, only to provide system-specific information.
- Problems with domain names/DNS issues are NOT directly the responsibility of Aspiration Hosting . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of Aspiration Hosting, then the task of acquiring a solution will fall back into your hands. Aspiration Hosting will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
- Aspiration Hosting reserves the right to refuse service to anyone. Customers may only use Aspiration Hosting server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Aspiration Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in the United States of America, and any dispute will be litigated or arbitrated in the United States of America.
- Customer agrees that it shall defend, indemnify, save and hold Aspiration Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Aspiration Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Aspiration Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Aspiration Hosting server; (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 customer from Aspiration Hosting server.
- Aspiration Hosting will not be responsible for any damages your business may suffer. Aspiration Hosting makes no warranties of any kind, expressed or implied for services we provide. Aspiration Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by aspiration hosting and its employees. Aspiration Hosting reserves the right to revise its policies at any time.
- Aspiration Hosting reserves the right to cancel/suspend/terminate your account at its own discretion with or without reason if it feels the account will cause damage to the organisation or any other reason. Aspiration Hosting reserves the right to alter the services provided at any time with or without notice.
- All sub-networks, clients and dedicated servers of Aspiration Hosting must adhere to the mentioned here policies.
- Failure to follow any term or condition will be grounds for immediate account deactivation.
Intellectual Property Rights
- Material accessible to you through Aspiration Hosting services may be subject to protection under the United States, United Kingdom, Canada or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Aspiration Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Aspiration Hosting network. If you use a domain name in connection with Aspiration Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
- Aspiration Hosting reserves the right to revise, amend, or modify our Terms of Service (TOS), Acceptable Use Policy (AUP) and our other policies and agreements under our Master Service Agreement at any time and in any manner without prior notice. All users of Aspiration Hosting, and their clients, must comply with our Terms of Service (TOS), Acceptable Use Policy (AUP) and our other policies and agreements under our Master Service Agreement. Please check back regularly for any updates.