1. Welcome to ActiveCheckout.com
In order to provide its customers quality services, ActiveCheckout requires that all Customers adhere to the guidelines, policies, terms and conditions as described herein. ActiveCheckout reserves the right to change, amend or modify these guidelines, from time to time, without any prior notice to the Customer. By establishing an account and becoming an ActiveCheckout customer you hereby acknowledge that you have read, understood and agreed to adhere to this acceptable use policy. In addition, you also recognize that failure to comply with these regulations may result in the termination of your account and services at any time with or without notice. Your use and/or continued use of the services and maintenance of your account shall be deemed an acceptance of this Acceptable Use Policy and any modification that may be amended thereafter.

The Acceptable Use Policy shall be used in conjunction with any other terms and conditions or service agreements that are made available to the Customer.

In an industry that provides and promotes free dissemination of information, ActiveCheckout must take the necessary precautions and reserves the right to take certain preventive or corrective actions in order to protect its own rights and the rights of its Customers. ActiveCheckout can not and does not monitor, verify, censor, or warrant for the accuracy or quality of information that is transmitted or disseminated by its Customers when using its Services. As such, it is the responsibility of each Customer to exercise its best judgment in relying on the information obtained via the Internet or the information that it transmits to others via the Internet. Recognizing that much of the information may contain sexually explicit or offensive material, ActiveCheckout disclaims any liability for injury to its Customers or other third parties that results from inaccurate, unsuitable, offensive or illegal Internet communications. It is for these reasons that ActiveCheckout has set forth these guidelines and restrictive policies for its Customer to adhere to.

2. Acceptable and Restricted Use of Services
All services provided by ActiveCheckout shall be used by the Customer for lawful purposes and in compliance with all applicable laws. Since ActiveCheckout is not a content provider and does not monitor the content being transmitted, posted or stored by the Customer, it's the Customer's responsibility to determine what laws or regulations are applicable to its use of the Services and Products provided. Customer is strictly prohibited from storing, posting, transmitting, re-transmitting or distributing material on or through any of the Services or Products which in the sole discretion of ActiveCheckout :

(I) is in violation of any local, state, federal or non-United States/Canadian law or regulation,
(ii) threatening, obscene, indecent, defamatory or that other-wise could adversely affect any individual, group or entity (collectively, "Persons")
(iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer
(iv) that is a direct or indirect threatens physical harm,
(v) that displays child pornography, (vi) information that is determined to be harassing in nature,
(vi) material and programs that contain viruses or Trojans or tools to compromise the security of others,
(vii) deceptive on-line marketing practices, or
(viii) actions that restrict or inhibit any persons, whether a Customer of ActiveCheckout or otherwise, in its use or enjoyment of ActiveCheckout's Services or Products.

3. Network and Systems Security
Customer shall not utilize any of ActiveCheckout's Services to compromise the security or tamper with ActiveCheckout's system, network or accounts on any of ActiveCheckout's computers, routers, terminal servers, or other equipment that is located at ActiveCheckout's site. Customer shall be specifically prohibited, without limitation, of the following:

Introduction of malicious programs into the network;

Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

Executing any form of network monitoring which will intercept data not intended for the Customer's server.

Circumventing user authentication or security of any host, network or account
Interfering with or denying service to any user other than the Customer's host (for example, denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.

Creating an "active" full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method.

Utilizing a Company-provided dial-up account for purposes for Internet access other than facilitating connectivity to the Services and Products provided by the Company. This includes copying or creating files utilizing more than 5MB of disk space on the dial-up account servers.

Failing to comply with the Company's procedure relating to the activities of customers on the Company's premises.

Any user/website that causes the server they are on to not perform correctly by Running Malicious Programs/Viruses, Increasing the Server's Load Above an Acceptable Range or anything else that will cause the shared environment to not perform at normal conditions will cause that account to be suspended or deleted immediately without refund for that month if the problem is not corrected within 48 hours of notice.

4. Penalties
Any and all restrictive activities are subject to immediate termination of Customer's account. Customer may also be subject to any and all criminal and civil penalties available under the law. Accounts that have been terminated as a result of abuse or violation of the Acceptable Use Policy shall not be re-opened and Customer shall not be reimbursed for any fees that may have been paid whose services had been suspended or terminated for reasons stated herein.

5. Indemnification
Customers agree to indemnify, waive and hold ActiveCheckout, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the Customer's violation of this AUP, including any abusive or unlawful behavior on the part of the Customer or anyone using the Customer's account or the infringement of any intellectual property or privacy rights of any person or entity. This shall mean that Customers can not sue or recover damages whatsoever from ActiveCheckout as a result of ActiveCheckout's decision to remove material from its servers, warn you, suspend or terminate Customer's account or take any other action during the investigation of a suspended violation or as a result of ActiveCheckout's conclusion that violation has occurred.

6. Restricted Use of Mail
The following mail practices are strictly prohibited:
Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship ("E-mail spam").

Harassment, whether through language, frequency or size of messages.

Unauthorized use, or forging, of mail header information

Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

Use of unsolicited E-mail originating from within ActiveCheckout's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by ActiveCheckout, or connected via ActiveCheckout's network.

If any account is found to be abusing our network your account will be suspended with a warning. After re-instating your account if it has been found that you haven't stopped the abuse of our network your account will be terminated and you will not be eligible for a refund of any kind.

7. a) Billing Procedures
Customers are responsible to make timely payments. Customers must furnish accurate and correct personal or corporate billing information. It is Customer's responsibility to make sure that their accounts are kept up to date and current. Customers who choose to make payment with credit cards must provide their full name, billing address, credit card number and expiration date. It is the Customer's responsibility to timely notify the billing department of any changes in its credit card account. Payment for all Services and Products by fraudulent means, including without limitation, false names, unauthorized use of credit cards, false date will result in immediate and permanent termination of the account and possible criminal penalties.

Customers will be charged an additional fee for any returned checks, or unprocessed credit card charges. Failure by Customer to make timely payments may result in ActiveCheckout canceling any Customer account without notice due to non-payment. In the event that Accountholder fails to timely make full payment of each invoice, ActiveCheckout reserves the right to charge interest, late fees and/or reactivation charges on the delinquent Accountholder's account.

In the event of cancellation by Customer, Customer must contact ActiveCheckout's billing department. ActiveCheckout Requires a 14 Day Notice for cancellations of Dedicated Servers and a 10 Day Notice for any other service cancellations.

ActiveCheckout reserves the right to seek the collection of payments owed by all means available to it by law. Accountholders are responsible for full payment on all accounts whether or not the account is ever utilized.

Any billing discrepancies shall be presented to ActiveCheckout in reasonable detail, in writing, within twenty (20) days of the date of the charge. Such notification shall not relieve Customer of the obligation to make all payments including the amounts disputed by the due date. ActiveCheckout shall not be obligated to consider any Customer notice of billing discrepancies which are received by ActiveCheckout more than twenty (20) days following the date of the invoice in question. If a Customer fails to dispute any charge after twenty (20) days from the date of the charge, Customer waives its rights to thereafter make any such dispute and all such charges will be deemed valid.

ActiveCheckout makes no warranties as to the availability or right to use of any login name, E-mail address, or domain names. Login names, E-mail addresses and domain names that are NOT confirmed at the time of sign-up of any Customer. Payments by check does not guarantee that the domain names are available and/or confirmed at time of sign-up. ActiveCheckout will not refund any charges for reprinting of stationary or any other losses incurred. ActiveCheckout MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE WARRANTY OF MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE.

Customer agrees that at the end of the term of the account initially agreed to by Customer or any term thereafter, ActiveCheckout may, at its sole discretion, automatically renew such Internet account for an additional term. Customer further agrees that upon renewal of such an account, ActiveCheckout may continue to charge Customer's credit card or seek other form of payment from Customer, for which Customer shall be responsible for. In the event that Customer does not wish ActiveCheckout to automatically renew such Internet account, it is Customer's sole responsibility to notify ActiveCheckout of such intent prior to the expiration of such term. ActiveCheckout may also, from time to time, provide Customers updates or changes to the Customer's account information, as it may be deemed necessary.

Any account (dedicated servers, ecommerce, web hosting etc..) not paid by the invoice due date will be shut down and if no payment is made by the 5th day after the original invoice date all data will be lost to the client.

b) Overage Fees:
Overage fees apply to ecommerce, reseller and shared hosting accounts. Should your account go over it's allocated amount of bandwidth in any given month, a fee of $00.50 per MB over is applicable.

Dedicated Server Clients are allocated a certain amount of bandwidth per month. Bandwidth includes all data transferred both IN and OUT of the server and is calculated from the 1st of the month to the last day of the month. This bandwidth can be used as any combination of IN & OUT. Should the server go over it's allocated amount of bandwidth in any given month, a fee of $1.00 per GB over is applicable.

c) Billing Terms:
After the initial thirty days of service from ActiveCheckout, each customer is committed to the remaining time on the service they have purchased and no pro-rated refunds will be given at that time. ActiveCheckout does not require for you to finish off your agreed upon term and you are free to close your account with us at anytime. No additional charges or fees will be applied for you to close off your account.

ActiveCheckout does not pro-rate any return or refund for unused service other than our initial 30 Day Money Back Guarantee. For example, if you have an account that you are paying for on a monthly term and you decide to close it a few days after your last payment made, you will not be issued any refund, whether in full or pro-rated. By using ActiveCheckout, you understand and agree to these billing terms. You also understand that while no refund will be issued, you are always welcomed to keep your account open for the full term/amount of time you have paid for.

d) Billing Disputes:
By being a current or past customer of ActiveCheckout, you agree to allow ActiveCheckout the right to reach a settlement of any billing dispute for 30 days before taking the dispute to any third party, credit card company, bank or other. ActiveCheckout requires that we be the first option in a billing dispute in order to hopefully successfully solve the issue between ActiveCheckout and you the Client.

Should ActiveCheckout be issued with a charge back or any other reversed charge from a third party, credit card company, bank, paypal or other which has been made on your behalf before ActiveCheckout has been given a chance to resolve the issue, ActiveCheckout has the right to suspend your account without notification, place a hold on any domain names ordered, terminate any other orders that have been placed and collect on the services rendered and any fees associated with those disputes. If you the client go directly to filing a charge back before giving ActiveCheckout a chance to resolve the issue at hand then a Charge back Fee of $25.00 will be charged to you, the client.

ActiveCheckout does this to protect ourselves but more importantly to let our clients know that we are here to work with you on any issue you may have. Please contact our Billing & Sales Department with your questions/issues and we'll be happy to work with you.

Not all billing disputes that ActiveCheckout looks into may be settled to a customers satisfaction. Once ActiveCheckout has been given first right to settle a billing dispute, a customer may use any third party, credit card company or bank in an attempt to settle the dispute.

8. Money Back Guarantee & Cancellations
(1)Our 30 Day Money back guarantee only applies to eCommerce & hosting orders. Cancellation and refund request must be done at least 7 days before the 30 day mark(no latter then the 23rd day) via our help desk located at http://www.activecheckout.net/support/. After the first 30 days no refund will be given. This offer only applies to new accounts/customers.

SSL Certificate cancellation and refund request must be done at least 7 days before the 30 day mark(no latter then the 23rd day) via our help desk located at http://www.activecheckout.net/support/. After the first 30 days no refund will be given.

Payment for refunds will be made via a) PayPal.com(if you pay with paypal) or b) Business Check sent through regular mail (if you've paid using a credit card, money order/check or other). The method of refund will be decided by ActiveCheckout.

(2) Our 30 Day Money back guarantee does not apply to Dedicated Servers, SEO or Domain Names Orders.

(3) Cancellation for dedicated servers must be submitted in writing to our helpdesk at http://www.activecheckout.net/support/ at least 14 days before your next renewal date. If cancellation is not submitted in time you will be responsible for paying the upcoming month.

9. Chargebacks
If at any time a chargeback is done via your account/credit card company/paypal all hosting will be terminated and any domain names associated with your account with become the property of ActiveCheckout.

10. Data Backups
ActiveCheckout.com does provide daily/weekly/monthly backups of all data on it's network (this does not include Dedicated Servers). This service is provided to help protect you against any data loss.

Though we do provide daily/weekly/monthly backups it is still your responsibility to keep a local copy of your files so that in the event that your data has been lost or deleted on our network you are able to quickly reload your files. In no way do we imply any guarantee or warranty for the backing up of your data.

You agree that our company ActiveCheckout.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company and that the company's liability for its own negligence may not in any event exceed an amount equivalent to the charges payable by the client for services during the period of time that the damages occurred.

In no event shall the company be liable for any damages, financial responsibility or injury due to the loss of your files.

11. Server Management Agreement
Below is a list of what is included as part of our server management services, anything marked with an "*" has to be requested by you:

General troubleshooting and fixes
Fix/Restart server services such Apache, Bind, MySQL, POP3, FTP
Fix control panel related problems
Upgrade PHP, MySQL, Apache
Install APF firewall*
BFD installation*
Installation of Apache/Perl modules*
Transfer of accounts from Cpanel to Cpanel servers
Hardening of tmp directories (/tmp, /var/tmp, /dev/shm)*
System recovery from a crash
Kernel recompilation/upgrades

3rd party applications
Our server admins are always here to help you/look into any problems that you may be having when trying to install a 3rd party application on your server. Even though we are here to assist you in troubleshooting any problems you may face we can not/do not guarantee the installation of any 3rd party software.

Compromised servers
ActiveCheckout can not/does not guarantee that your server will never be compromised or exploited. It is recommended that you keep your server/software up to date. If your server has been compromised and at the end of the month your server has gone over the allotted bandwidth for the month, you are still responsible for the payment of any overage bandwidth fees.

Reading this AUP/TOS and signing up with ActiveCheckout means you agree to comply with these AUP/TOS and the Server Management Agreement.

12. DISCLAIMERS
ActiveCheckout to the fullest extent permitted by law, disclaims all warranties, including warranty of merchantability, fitness for a particular purpose and non-infringement of third party rights. ActiveCheckout makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, graphics, and/or links. Neither ActiveCheckout or its directors, employees, licensors, content providers , affiliates or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this web site or from any information, services or products represented or provided through this web site, even if ActiveCheckout has been advised of these damages. This document and all other documents and information that are or may be published from time to time on this web site could include technical inaccuracies or typographical errors. Changes are made periodically to the information contained herein. ActiveCheckout may make improvements and/or changes in the documents, services, products and or the programs described herein at any time.

13. Intellectual Property Rights
Customer acknowledges and agrees that any and all copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials made available on the ActiveCheckout web site. Nothing contained on the ActiveCheckout web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process or related material belonging to ActiveCheckout by virtue of being displayed or made accessible on any ActiveCheckout web site. Except as expressly authorized by ActiveCheckout, Customer agrees not to use this site or the Services in any manner that would infringe, violate, dilute or misappropriate any such rights with respect to any material which Customer accesses through this web site or the use of Services. The ActiveCheckout name, ActiveCheckout logo, other related names, designs marks, product names or related logos are trademarks of ActiveCheckout and may only be use with express written permission of ActiveCheckout. ActiveCheckout claims copyright right interests in all original content or works on its web site. If any pages, information or content is copied it may only be copied for non-commercial uses and ActiveCheckout shall in any event retain all copyright and other proprietary interests therein. If Customer shall use a domain name in connection with the ActiveCheckout Services, Customer shall not use that domain name in violation of any trademark, service mark or similar rights of any third party.

All policies stated herein are subject to change at ActiveCheckout's sole discretion. Customer shall be responsible for adhering to any new policies implemented by ActiveCheckout. ActiveCheckout reserves the right to notify Customer, from time to time, or otherwise post the changes, modifications or additions to the Policy, Terms and Conditions, and all other agreements on the ActiveCheckout's web site.