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The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Our Terms of Service basically defines general rules that must be followed if you have a hosting account of any type with us, which does include dedicated or colocated servers.
Agreeing to our Acceptable Use Policy means that you understand that we do not allow any illegal content or usage associated with any account on our network. This section also covers backup guarantees as well as abuse and security issues.
The Service Level Agreement outlines our network connectivity guarantee, and any limitations or restrictions that have not been discussed.
Please read The Resource Abuse Policy, Mail Policy and important terms in here.
Disclaimer
We will not sell or disclose personal information to any third parties, except if required by government bodies and law enforcement agencies. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
Security
Payments are secured and powered by PayPal/ Secured Service stated, we don't receive nor store your credit cards information.
We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We make every effort to follow industry standard security measures to prevent the loss, misuse and alteration of the information under our control.
Third Party Advertising
We do not partner with or have special relationships with any ad server companies
Copyright
All content appearing on this Web site is the property of athenaunlimited.com, Copyright ©2007. All rights reserved. As a user, you are authorized only to view documents on this Web site.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by athenaunlimited.com. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of athenaunlimited.com or any third party, except as expressly granted herein.
Use Of Site
This site may contain other proprietary notices and copyright information, the terms of this site must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. athenaunlimited.com and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if athenaunlimited.com believes that customer conduct violates applicable law or is harmful to the interests of Web hosting and more! and its subsidiaries.
Athenaunlimited.com issues this document.
The company/server shall be known throughout this document as "We"
We agreed to provide the client web hosting for a monthly/semi-annual/annual/lifetime fee. We will never require clients to advertise for athenaunlimited.com on their web site in any way shape or form unless agreed upon such as a nonprofit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal web sites or content.
Content
athenaunlimited.com believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.
We prefer that you self-govern your content and remain responsible and all-knowing of what your website publicly provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individually, which have growing and evolving content, is impossible. However, if athenaunlimited.com, is made aware of any questionable content on a athenaunlimited.com servers-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a athenaunlimited.com server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.
All services provided by athenaunlimited.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless athenaunlimited.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Copyrighted MP3\'s and Videos
- Spamming software/script
- Any contents found to be illegal under the law of the United States of America and Canada
Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots.
Banned Scripts
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, We reserved the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include the following:
- Chat servers/scripts of any kind are strictly prohibited.
- Proxy scripts
Distribution and/or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through athenaunlimited.com services may be subject to protection under the United States of America (or any other country) 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 the athenaunlimited.com 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 Internet. If you use a domain name in connection with athenaunlimited.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the athenaunlimited.com with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization\'s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. athenaunlimited.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
athenaunlimited.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of athenaunlimited.com\'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains, or domains purchased through our web site which have been granted for customers paying annually are released to the customer at the end of there hosting period, or administrator rights may be transferred to the customer upon request. Domains terminated due to policy violations will not be released to the customer.
Orders for Products/Services
If you purchase a product or service from us, we request certain personally identifiable information from you on our order forms. You must provide contact information (such as name, e-mail, and physical address).
All personal, credit card, and bank account information is transferred by separate institution (i.e. PayPal.com or SafePay) over secure SSL encrypted Internet connections and is not stored on our servers.
Spam Or Unsolicited E-mail
You must not use the athenaunlimited.com, athenaunlimited.com\'s equipment or any athenaunlimited.com e-mail address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. Your domain may not be referenced as originator, intermediary, or reply to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the athenaunlimited.com, athenaunlimited.com\'s equipment or any athenaunlimited.com Internet Services e-mail address. 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. For purposes of this provision, merely making one\'s e-mail address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, We reserved the right to disable your domain without warning. In addition, We may impose a $50 penalty for each spam policy violation. We solely reserves the right to refuse or cancel service to known spammers. Lastly, We reserved the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a athenaunlimited.com server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Any users who has been determined to have put the server under constant load and is disturbing other customers. We reserved the rights to cancel it\'s service immediately, and without refund, even if it is within the time frame of our 14 day guarantee.
Acceptable Use Policy:
athenaunlimited.com is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. athenaunlimited.com will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
Illegal Usage
Our servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
No online pharmacies are allowed on our network.
Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited.
Adult Content
Legal Adult Content is allowed. Adult sites are allowed on the server, however, they have to be legal and cannot violate any US laws, such as the 2257 law about custodian of records and child protection act. Our servers do get audited by our legal department therefore any illegal contents will be deleted, the individual accounts will be permanently suspended and no access will be given to them EVER back to the server. However, if the adult site is going to be all legal, then there is nothing to worry about.
Chat Rooms
athenaunlimited.com does not provide nor allow chat room's On shared hosting environments. You may elect for a Dedicated Server to Run a chat room efficiently
Background Running Programs
athenaunlimited.com servers does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
IRC
athenaunlimited.com does not allow IRC server, IRC bots, or IRC shells to be operated on our network.
Banned Scripts
We do not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our shared hosting servers.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their user name/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of athenaunlimited.com service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of athenaunlimited.com to provide this knowledge or support outside matter specific to athenaunlimited.com servers.
Software Distribution
athenaunlimited.com shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for special arrangement.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. athenaunlimited.com Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Actions Taken by athenaunlimited.com
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. athenaunlimited.com will be the sole arbiter as to what constitutes a violation of the AUP. athenaunlimited.com reserves the right to remove any account without prior notice.
When athenaunlimited.com becomes aware of an alleged violation of its AUP, athenaunlimited.com will initiate an investigation. During the investigation, athenaunlimited.com may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, athenaunlimited.com may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, athenaunlimited.com will notify the appropriate law enforcement authorities of such violation.
athenaunlimited.com does not issue credits for outages incurred through service disablement resulting from AUP violations.
athenaunlimited.com customers agree to indemnify and hold harmless athenaunlimited.com from any claims resulting from the use of our services that damages them or any other party. The athenaunlimited.com service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. athenaunlimited.com expressly disclaims any representation or warranty that the athenaunlimited.com service will be error-free, secure or uninterrupted. No oral advice or written information given by athenaunlimited.com, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. athenaunlimited.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
The subscriber to athenaunlimited.com service agrees to indemnify and hold harmless athenaunlimited.com from any claims resulting from the use of the service that damages the subscriber or any other party.
athenaunlimited.com will be the sole arbiter as to what constitutes a violation of this provision.
Resource Abuse Policy
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server or VPS. The abuse and misuse of shared system resources is a serious problem. Accounts on a shared server must share resources with other users so we must limit how much of the CPU and memory that can be used by any one account.
In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.
EXCEPTIONS
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.
SUSPENSIONS
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by opening a ticket with our abuse division.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold athenaunlimited.com (or it\'s employee\'s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against athenaunlimited.com, 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 athenaunlimited.com against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with athenaunlimited.com server (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of athenaunlimited.com to the amount paid for service.
Contact Information
We use your contact information to send you information about our company, process requests for services, send invoices, and to contact you when necessary. We also use the information we collect to improve the content of our web site.
You will not receive any communications from us unless you specifically request us to send you information and provide us with a method to contact you such as telephone or e-mail address. Existing customers cannot opt-out of receiving information that we deem important for us to communicate in order to provide ongoing services and support.
Customers can update contact information on at any time by sending an e-mail.
Refunds/Account Termination & Cancellation Policy
For payment, We accept PayPal (Credit card or other of their payment methods in US Dollars. Money Order (USA) in US Dollars. * Must pay in semiannual, annually term or one time only payment, according to the web hosting package that you ordered. We send out invoices exclusively via e-mail. We do not send out invoices via postal services.
If customer cancels seven (7) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be canceled with immediate effect.
No Refund will be given for any reasons. It is customer\'s responsibility to submit a cancellation request so recurring payments will be stopped before the next billing date.
If, for any reason, athenaunlimited.com fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces athenaunlimited.com to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been canceled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts prepaid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts prepaid on a yearly basis will only receive a prorated refund based on the monthly rate of the same hosting plan. All add-on service payments are nonrefundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.
We honor the warranty as stated with your purchase.
Late Payment:
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 2 day grace period after which the account is put on suspension.
You will receive a payment reminder everyday from the start of your payment due date. If after 2 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. For late payments please send e-mail to arrange the payment.
Disclaimer:
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. athenaunlimited.com 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 athenaunlimited.com and its employees. We make a 99.99% Uptime guarantee*
*This guarantee does not include server shutting down due to any form of attack to the server, or physical problem to the server\'s hardware, or planned outages due to upgrades etc.
We keep backups of key server systems only. We accept no responsibility for any loss of data or consequences arising from this. We always advise clients to back up their site data regularly for its own protection.
Finally, athenaunlimited.com wishes to emphasize that in accepting services, customers indemnify athenaunlimited.com for the violation of any law or athenaunlimited.com policy, that results in loss to athenaunlimited.com or the bringing of any claim against athenaunlimited.com. This means that if athenaunlimited.com is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against athenaunlimited.com, plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.
Privacy Policy
athenaunlimited.com understands the importance of privacy in today�s world. athenaunlimited.com is committed to protecting the privacy of our web site visitors and clients. We uphold the highest industry standards in online privacy. This Privacy Statement discloses our privacy practices and expresses our commitment to keeping you informed of the information we collect and how it is used. This Statement applies to all personal information we handle in connection with our web site. This statement sets forth our information gathering and dissemination practices for the athenaunlimited.com. We will not disclose information about customers or users without express permission unless the release of said information is required by government subpoena. athenaunlimited.com reserves the right to modify our statement at any time. Web hosting and more! use of personal information that you may submit to Web hosting and more! through this Web site is governed by the Web hosting and more! Privacy Policy. This site makes use of cookies for our interests only. We use the information to discover what products are of the most interest so that we can bring customers the best possible products and services.
athenaunlimited.com will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via e-mail only or phone.
Domain Names and Domain Transfers
In order for your domain name to point to the athenaunlimited.com server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns*.dizinc.com and secondary- ns*.dizinc.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.
Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to athenaunlimited.com and away from your original registrar. You must create an account at athenaunlimited.com and initiate a transfer. A domain transfer is $15.99 and that goes toward one year of registration with athenaunlimited.com, added on to your current registration period with the previous registrar.
athenaunlimited.com will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. athenaunlimited.com does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our help desk. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk by clicking here.
New Accounts
All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive e-mails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and athenaunlimited.com, this process may sometimes be delayed.
Charges
Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your e-mail address updated within your cPanel, so that you may receive an e-mail when your account reaches certain limits determined solely by our system, i.e.. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.
Payments and Agreement to Pay
You agree that you are solely liable for arranging that your services are renewed, and that athenaunlimited.com Servers shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.
LIMITATIONS
Online problems occur continuously. There might come a time when you cannot access your website or any other service. This is not necessarily due to athenaunlimited.com. Perhaps your ISP is experiencing technical difficulties, or there might be a routing problem between your ISP and the data center utilized and maintained by athenaunlimited.com, making communication difficult or impossible. We cannot bear the responsibility of such problems. Our monitoring agents determine the uptime of our service, and not any one client's experience.
DEDICATED SERVER RESTORE
athenaunlimited.com is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data offsite with you for emergency purposes. If hardware failure and data loss occur, you the client, are responsible for data restoration. athenaunlimited.com Servers shall not be liable for loss of data under any circumstance.
Miscellaneous
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Web hosting and more! and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that the Law of shall apply and both parties consent to the jurisdiction of the state courts of , , or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Web hosting and more! with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Web hosting and more! with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Web hosting and more!. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Mail Policy
athenaunlimited.com has a zero tolerance policy regarding unsolicited commercial e-mail (UCE) and unsolicited bulk e-mail (UBE) also known as "spam".
The definition of spam:
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
You will be cited with "UCE/UBE Abuse" if you send any e-mail to persons who have not specifically asked to receive e-mail from you. The sending origin of such e-mail is irrelevant. Upon confirmation of abuse, any athenaunlimited.com Servers customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.
If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:
You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.
Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.
Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.
All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.
All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.
Prohibited Uses of athenaunlimited.com Network Systems and Services Regarding Spam
Sending Unsolicited Bulk Email ("UBE", "spam")
The sending of any form of Unsolicited Bulk e-mail through athenaunlimited.com servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, e-mail address or utilizing any resource hosted on athenaunlimited.com servers, is prohibited. athenaunlimited.com accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists
Subscribing e-mail addresses to any mailing list without the express and verifiable permission of the e-mail address owner is prohibited. All mailing lists run by athenaunlimited.com customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of e-mail addresses from 3rd parties for mailing to from any athenaunlimited.com- hosted domain, or referencing any aathenaunlimited.com account, is prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
We receive automatic reports from Spamhaus, AOL and SpamCop for our IP ranges. If there are more than three complaints logged against your site in one day, the site will be suspended until a resolution/explanation is made.
Liabilities
athenaunlimited.com, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall athenaunlimited.com be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department. You may visit our help desk by clicking here.
Changes to this Statement
athenaunlimited.com reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed athenaunlimited.com may reasonably make to this agreement when such changes are made. If you have purchased services or software from athenaunlimited.com servers, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.
You agree that you will be responsible for notifying athenaunlimited.com Servers should you require to terminate your use of athenaunlimited.com services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.
athenaunlimited.com will occasionally update this Statement of Privacy to reflect company and customer feedback. athenaunlimited.com encourages you to periodically review this Statement to be informed of how athenaunlimited.com is protecting your information.
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