Final ASP LLC
5100 Poplar Ave, Suite 2007, Memphis, TN 38137
Final ASP LLC is hereafter referred to as “Final ASP”.
By logging into your account, or uploading files to it, you are indicating your acceptance of these Terms and Conditions.
TERMS OF SERVICE
Final ASP provides Managed Hosting Services. Final ASP reserves the right to suspend or cancel a customer’s access to any or all services provided by Final ASP when Final ASP decides that the account has been inappropriately used or otherwise. We reserve the right at any time to access, amend, remove or delete any or all data stored on our servers without your prior consent. When your account is closed, all files (including web pages, etc.) will be deleted. We reserve the right to cancel your account at any time without notice. To protect your privacy
we never distribute your name or e-mail address to any third parties, unless instructed to do so by order of a Court.
Personal accounts are to be used by the primary owner only. Personal account holders are notpermitted to resell, store or give away web-hosting services of their website to other parties.
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. You
must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it. Customers may however resell our Reseller packages. Final ASP reserves the right to refuse service and/or access to its servers to anyone.
Final ASP will back-up your data on a regular basis; however, it is recommended that you keep an independent backup of all data stored on your virtual server.
Final ASP do not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation unless you are the copyright
holder. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Final ASP. Warez - Includes pirated software, ROMS, emulators, phreaking , hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material. Gaming websites - Includes pirated software, software downloads etc., and encrypting of any of the above.
UNLIMITED USE POLICY
High bandwidth usage: Final ASP offers an unlimited use policy on its web hosting packages by maintaining very large ratios of bandwidth per customer. In rare cases, Final ASP may find a
customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Final ASP reserves the right
to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth, disk, and/or processor utilization. Final ASP may implement the following policy to its sole discretion: When a website or mailbox is found to be onopolizing the resources available Final ASP reserves the right to suspend that site or mailbox immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
All accounts are set up on a prepay basis. Although Final ASP reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
Payment is due the first of each month. Customers will automatically be invoiced again at the end of their prepay period unless closure notification has already been given. In situations where the card number on file is declined Final ASP will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Final ASP reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request to our registered office. All payments are in US Dollars.
In order to streamline our accounting procedures and keep costs down Final ASP runs a limited number of payment options. Credit / Debit Cards: Final ASP accepts MasterCard, Visa (not Visa electron), Discover and American Express. Check Payment: This option is only available to who pay annually or semi-annually. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. Final ASP cannot guarantee that a service will be provided until after any received Checks have been cleared.
CANCELLATION AND REFUNDS
Final ASP reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes Final ASP’s terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. Any incentives offered to customers when
opening the account will also be cancelled. No refunds will be given unless the cancellation falls within the terms of Final ASP’s 30-Day Money Back Guarantee (see below). 30-Day Money Back Guarantee: New customers may cancel shared e-mail and website hosting packages (excluding the set-up fee), within thirty days of their Final ASP Account creation date and be entitled to a full refund except in the following circumstances: Customers will not be entitled to a refund if they have previously had an account with Final ASP; if an account has previously been created at the same postal address; if data transfer has exceeded 3GB within the 30-day refund period; if the product type has been changed within the first 30 days; or if more than one product of the same type has been ordered within the first 30 days. In addition, the 30-Day Money Back Guarantee does not apply to Domain Name Registration, Web Forwarding, Reseller accounts/Reseller Hosting Products, Dedicated Servers or any admin or upgrade fees. To request a refund under the terms specified above send a letter to Final ASP’s accounts department with the following information: Final ASP Account code; transaction ID; value of transaction; credit card number used to make the purchase. This letter must be signed by the account holder. All other fees charged are non-refundable.
The customer agrees that it shall defend, indemnify, save and hold Final ASP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Final ASP, 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, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Final ASP against liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with Final ASP’s servers; (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 Final ASP’s server.
Final ASP will not be responsible for any damages your business may suffer. Final ASP makes no warranties of any kind, expressed or implied for services we provide. Final ASP 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 Final ASP, its employees, suppliers, customers or any third party. Final ASP reserves the right to revise its policies at any time.