Terms of Service

Access Media strives to be a responsible and ethical hosting company while providing exceptional customer service. This Acceptable Use Policy lists guidelines for using Verve's hosting services. All customers are required to comply with this policy.

Any complaints regarding violations of this Acceptable Use Policy, should be sent to abuse@accessmediacr.net.

Access Media communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of communicating.

Restricted Content

Access Media's servers may be used for lawful purposes only. Web content that promotes activities that violate Federal, State or Local laws is prohibited. Content that has the sole purpose of annoying, abusing, threatening or harassing another person or group of persons, including racist or homophobic content, is prohibited.

Publishing pornography, selling of sex related merchandise and links to such material, including advertising buttons and banners, is prohibited.

Distributing or publishing copyrighted material in violation of copyright law, including MP3s, MPEGs, ROMs, ROM Emulators and printed material copied from other websites is prohibited.

The promotion of illegal software including but not limited to Warez, Cracks and Registration Codes, or providing links or redirection to such material is prohibited.

The storing and distribution of files not related or linked to a hosted website's pages is prohibited.

Unsolicited E-Mail (SPAM)

Access Media has a strict no spamming policy. Spam is defined as mass, unsolicited messages sent to Newsgroups, Message Forums, or individual e-mail recipients that references an e-mail address, domain or IP address that is hosted by Access Media. Spamming from or through Access Media's servers is prohibited. All spamming complaints are investigated and if found to be legitimate the account will be suspended immediately and without notice. Access Media will not refund hosting fees for accounts that are cancelled due to spamming.

Server Resources

Running programs in the background without Access Media's prior knowledge or consent is prohibited. Any CGI-Script found to be adversely affecting the performance of Access Media's server will be shut down without notice. IRC Bots, Bouncers or any other IRC related software is prohibited. Using a CGI-bin hosted by Access Media for CGI script sharing with domains not hosted by Access Media is prohibited.

Using the email accounts supplied with your hosting plan to operate a commercial email service such as Hotmail or Yahoo is prohibited.

Server Security

Any attempt to circumvent any user authentication or security of any host or network accounts is prohibited. Accessing data not intended for the user is prohibited. Probing the security of the network, spawning dozens of processes, port scans, ping floods and ping bombing, pocket spoofing, forging router information, using sniffers, instigating Denial of Service attacks or other destructive activities is prohibited and will result in criminal and civil liability and immediate account suspension.

Client Responsibility

The client agrees to take all steps necessary and prudent to protect their login ID and password. The client is responsible for all activity originating from their account unless proven to be a victim of outside hacking or address forgery. Though full backups are made daily, 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 the client's responsibility to maintain a local or backup copy of their website's content.

The client agrees to keep all contact information current, including their email address and the address of their physical residence.

Website Builder Terms and Conditions

In partial consideration of Access Media agreeing to provide the website building service, as a customer of Access Media you acknowledge and agree that:

1. General:
(a) your account will continue to be active, and the monthly payment charged,
until the account is cancelled, whether or not you publish changes to the
website each month;

(b) when moving from a trial account to a live account, you cannot upgrade your
package type, and you cannot export trial account content;

(c) our suppliers may, as part of their agreement with us, withdraw certain
services or capacities, even if we have done nothing wrong. The result may be that the website builder account may cease to publish changes, or may even be cancelled, and there will no longer be access to the website builder. Recourse, if
any, will be against Access Media, and not against any of our suppliers. In partial consideration of our agreeing to provide this website builder service, our customers waive any present or future claims against those suppliers, whether under contract, tort or any other theory of law;

2. Open Website Source Code Model
(a) Customers may access the website building service under either a protected website source code model (pursuant to which they will not have access to code), or under an open website source code model (pursuant to which they will have access to HTML code). Access Media currently uses the Open Website Source Code Model.

(b) If access is provided under the open website source code model, then the following apply: (i) customers agree not to amend the HTML code in any way or create derivative works. They agree to only insert content into the areas in which a reasonable person would agree the service creators intended content to be inserted, and will only use the service for the purpose for which it was intended. Customes will have the ownership and copyright of such information that they input, and Access Media will be responsible for same; (ii) customers agree not to reverse engineer the site or service.

Billing and Account Cancellation

The customer will be billed either monthly, quarterly, semi-annually or annually on the same day of the month their hosting began. All accounts will automatically renew unless the customer has requested otherwise. When payment is due an invoice will be sent via email.

If the customer chooses to pay by check, money order or manual payment, that payment must be received no later than 10 days after the invoice is sent.

Customers who elect to pay by credit card will be charged 1 day after the invoice is sent. If the charge is declined the customer must submit payment by other means.

Past due notices will be sent to accounts that have not been paid within the 10 day time frame. If the account is not paid within 5 days of receiving the past due notice the account will be suspended. If the account is not paid within 30 days of receiving the past due notice the account will be terminated and any and all of the customers files will be removed from the server, including email.

Limited Liability

Access Media shall not be responsible for any claimed damages which may arise from the servers going offline or being unavailable for any reason. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source.

Indemnification

Access Media is not liable for any damages, judgements or expenses resulting from any final determination that the content in its customer's accounts infringes any trademark, trade secret, copyright, patent or third party intellectual property rights.

Access Media reserves the right to refuse, cancel or suspend service at any time and without notice.

Failure to comply with this Acceptable Use Policy will result in your account being suspended and possibly terminated.