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Terms of Service

Our aim at aivivid is to provide the best service we can to our customers, to help us achieve this goal we have set out the following terms of service. It is your responsibility to ensure that you are up to date with all of our terms and conditions. We will however, notify you of any prominent changes to our terms that we feel you need to be made aware of.

Content

All services provided by aivivid may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Swedish and EU law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless aivivid from any claims resulting from the use of the service which damages the subscriber or any other party.

Shared Hosting Account Usage

Our shared hosting accounts are intended for a single website and you are not permitted to host multiple websites on one account, this includes pointing domains to folders/sub-domains.

Adult Material

Pornography is prohibited on our web servers. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Aivivid will be the sole arbiter as to what constitutes a violation of this policy.

Background Running Programs

We do not allow the use of background-running programs, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other program that interferes with normal server operation. Aivivid will be the sole arbiter of what constitutes a violation of this policy.

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:

      • Proxy Scripts
      • IRC Scripts
      • Anonymizer
      • Torrent Trackers
      • Hypermail
      • HiveMail and similar email provisioning scripts
      • phpShell and similar command execution scripts
      • Virus or any other hostile code
      • Webcams
      • Chat Room Scripts

Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, banner exchanges and chat rooms. In the event a script affecting server performance we reserve the right to disable the effecting script/account prior to notifying the customer. You are responsible for ensuring that all scripts used within your account are secure and kept up to date, you agree to update/patch the software when the developers release new versions with security fixes to maintain the integrity of your web space.

WHMCS

In case of our qualifying reseller plans, reseller is authorised to purchase the license and install a WHMCS to manage their business. We also can purchase it for them and add the license to their bill. We do not provide any support/assistance with WHMCS, if you require help you need to contact the WHMCS Support Team.

Intellectual Property Rights

Material accessible to you through our Services may be subject to protection under Swedish and EU (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 aivivid Service 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 aivivid Network. If you use a domain name in connection with our service 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 aivivid Network 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. We will cooperate fully with investigations of violations of systems or network security at other sites, including co-operating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Acceptable Use Policy (AUP) – Also called Fair Use Policy

Customers must use Aivivid services, including but not limited to all Network, Infrastructure, IPs and Servers (physical or virtual) in a way not to damage the systems and services (both physically or in terms of reputation) or disturb other users on the same network and servers to be able to use their own services. On shared hosting services, there is a strict regulation of NOT exceeding the allocated and allowed resources, I.e. CPU, Memory, Incoming Processes, Hits, Traffic, Bandwidth, SQL load, IO load, etc. Our shared hosting system automatically suppress the load and shows a “Resource Limit Is Reached” error instead of the website.If a client is found to be using excessive system resources resulting in degrading the service of other users, or in the case of any violations of the Acceptable Use Policy, Aivivid staff will suspend the service and send the first notice to the service owner. In the case of a second violation within the 90 days of the first notice, the service will be suspended until Aivivid is satisfied the client took necessary measures to address the problems. In the case of a third violation within the 90 days of the first notice, the contract will fall in the “Abuse” category and will be terminated immediately.Cron jobs must not be set to run any more frequent than every fifteen minutes, customers found to be running crons more frequently will have their cron frequency edited and repeat offenders risk having their account suspended.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Aivivid reserves the right at its sole discretion to refuse or cancel service. Violation of any of aivivid’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 which may have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Using Aivivid services as free or fee based promotional services

Using any of the aivivid services including but not limited to shared hosting, reseller hosting, AivividDrive™, VPS and Dedicated services for free or fee based promotional services are only possible with the prior notice and written consent from aivivid. Otherwise the client account is subject to immediate cancellation of service mentioned earlier. Aivivid will be the sole arbiter as to what constitutes a violation of this policy.

Spam or Unsolicited Email

You must not use the aivivid Network for the sending of spam, flames, mail bombs, or unsolicited email 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 web sites hosted aivivid network. 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 email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed we reserve the right to disable your account without warning. Aivivid reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

SPAM Assistant®/Protection

Our SpamAssistant® service is free of charge to our hosting customers and is an opt-out service. All new accounts automatically have this service enabled, if you would prefer for your account not to be included please email our Support department. However we reserve the right to activate the SpamAssistant® service on the account to reduce the CPU usage placed on the mailserver.

Using Email Forwarding/default address to third party email accounts

If you currently have in place email forwarding or your default address from our mailserver to third party email addresses such as Hotmail, AOL, BT, yahoo, we reserve the right to enable our Mailfoundry spam service on your account without prior notice. The reason behind this is due to the SPAM policies that these companies operate, they incorrectly block our mailservers resulting in problems for our customers emailing legitimate email addresses on their networks. Here’s an example of how this happens:

  1. Our customer sets up a forwarder from an email account hosted on our network to his/her Hotmail email account.
  2. The email account hosted on our network receives SPAM which is then forwarded to the Hotmail email account.
  3. Hotmail think that our network is the source of the SPAM as it came through our mailserver last.
  4. This results in our mailservers being blacklisted across the Hotmail mail network, their blacklisting will stop you emailing a Hotmail email address from your account with us.

So it’s only due to the harsh and poorly designed spam policies these companies operate that we have put this measure in place, we do so to give our customers a reliable email service that is unaffected by blacklisting. By having our Mailfoundry spam filtering in place this cuts down the spam forwarded. Please note that reporting our Mailfoundry digests as SPAM to these 3rd party email providers will result in your forwarders/default address being removed.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a aivivid 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.

Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services and the server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of any of the terms of this agreement.

Dedicated Servers

All dedicated servers remain the property of aivivid, you are paying a rental fee and at no time do you own the server. The minimum contract term for a dedicated server is twelve (12) months, once this time has passed you may cancel your service by giving thirty (30) days notice. All service invoices falling during the cancellation period will remain due in full. The cPanel licence that comes with our dedicated servers remains the property of aivivid is non-transferable to another provider. All dedicated server customers are responsible for the activities and security of their server, we reserve the right to disconnect a server from the aivivid network should the server be performing network scans or other possible hacking activities. Dedicated servers are exempt from the following sections of our normal terms of service:

      • Background-running Programs
      • Banned Scripts

Payment Policies

All accounts are set up on a prepay basis. Although aivivid reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Any changes to prices will be clearly communicated to customers prior to their application, with customers being given 7 days notice of any changes. Notice will be served via email, to the email address held on the aivivid client account. Payment is due every 30 or 365 days, from the date the account was established. Customers will automatically be charged again at the end of the prepaid period unless confirmation of the wish to close has already been received from the customer (see service cancellations). No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made, you may print your invoices for your records at any time from within your Customer Portal account. Payments are made in various currencies choosable in our website. All prices displayed are shown excluding Swedish VAT.

Client Account

You are assigned a client account upon becoming a aivivid customer. It’s important that you keep the contact information accurate and up to date as the email address on file is where your invoice renewal notices and maintenance notices are sent. It’s the clients responsibility to make sure they receive these emails and if any problems occur, they should immediately open a support ticket and ask for help. We also post all scheduled maintenance in “Announcements” in client area for public notice. Clients also can monitor expected or unexpected network issues in “Network Issues” in their client area.

Service Renewal

All services will automatically renew using your payment card stored on your account on the due date, this is unless a prior cancellation request has been submitted. Telephone cancellation requests are not accepted as we require the request to be logged. If a service has been renewed and no cancellation has been received no refund is due for any services paid. All invoices must be paid on or before the due date. Aivivid will attempt to automatically re-bill your chosen payment method when your invoice becomes due with your payment card on file. If payment is declined from your payment card our billing system will continue to attempt to take payment until a cancellation request is submitted by the customer. We reserve the right to suspened all services once they become overdue.

Service Cancellations

To cancel your service(s) you must submit a cancellation request via your client account at least thirty (30) days before the service renewal date, telephone cancellation requests are not accepted as we require the request to be logged from your client account. We will confirm your cancellation has been received and any future billing will cease. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date. To cancel your domain name(s) you must disable the auto renew option for your domain(s) via your Customer Portal account, telephone cancellation requests are not accepted as we require the request to be logged. We do not issue refunds for any unused time on your service should you choose to cancel your service before your billing date. Changing a domain names DNS to another provider, non-payment of the renewal invoice or transferring a domain away from aivivid does not constitute a cancellation request. A cancellation request must be submitted as outlined above and we will then confirm the cancellation date back to you. If you wish to move your domain to another provider you need to post a ticket with our support department to request that we unlock the domain if it’s a .COM/.INFO/.NET/.ORG/.BIZ. Requests to move a domain away can only be actioned if the domain is in a active state, if the domain is past renewal we will not be able to release the domain until any outstanding balance has been paid in full. Once you request cancellation of a domain we cancel it in your billing account so that it can not be renewed through us, if you change your mind about moving the domain you need to let us know so we can re-enable it in your client account.

Data Transfer (Bandwidth) Overage

If you go over your bandwidth allowance you will have the option of either upgrading to an account with more data-transfer or be billed an overage charge of 10SEK+VAT per GB. If you choose to pay the overage, data-transfer overage invoices are generated monthly.

Refunds Policy

You have the right to cancel your account within seven days to receive a full refund, your seven days commences from when you first signup for our service. To cancel under this policy you need to email the billing department quoting your account username, there are exceptions to this policy which are domain name registration, SSL certificates and setup fees where applicable, these are non-refundable. Business customers are also excluded from this refund policy as the distant selling act does not apply.

Chargebacks

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately refund the payment for the appropriate amount. Any customer withdrawing payments via bank or credit card (a “chargeback”) may be subject to a punitive fee of 500SEK, should the company deem this chargeback to be unfair. The company also reserves its right to defend such chargebacks and recover the original monies from the card issuer.

Domain Expiry & Redemption Fee’s

Before a domain expires you will be reminded to renew your domain by email to the address within your billing account. On the date a domain expires it will be taken offline and you will have 30 days to contact us to renew the domain name at our regular renewal rates with the exception of .eu domain names (see the ‘Renewal Grace Period for .EU Domain Names’ section below). After 30 days have passed from the expiry date, the domain will enter what’s called a “redemption period” and to renew the domain at this stage will cost 2000SEK+VAT – this is a cost charged by the registry and passed on to you by us, this in addition to our standard domain renewal charge. After another 30 to 90 days from expiry have passed, the domain is released to the public so anyone can re-register your domain and you will lose it.

Renewal Grace Period for .EU Domain Names

The concept of Renewal Grace Period for .EU domain names is slightly different. Every .EU domain name will Expire exactly 1 year from the date of Registration (since the maximum length of registration is only a year). However, the Renewal Grace Period will be only till the second last day of the expiring month (penultimate day of the month), post which the domain name will be deleted. Thus, different .EU domain names may have different Renewal Grace Periods. Lets take a couple of examples to demonstrate this:

  1. abc.eu gets Registered on 24 Jul, 2006. This domain name will Expire on 24 Jul, 2007. If abc.eu is not renewed before its Expiry Date ie. 24 Jul, 2007, it would be redirected to a temporary parking page until it is Renewed.If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 Jul, 2007 (since this is the second last day of the expiring month). This domain name will have a Renewal Grace period of 6 days. It will slip into Redemption Grace Period after 31 Jul, 2007.
  2. pqr.eu gets Registered on 27 Jul, 2006. This domain name will Expire on 27 Jul, 2007. If pqr.eu is not renewed before its Expiry Date ie. 27 Jul, 2007, it would be redirected to a temporary parking page until it is Renewed.If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 Jul, 2007 (since this is the second last day of the expiring month). This domain name will have a Renewal Grace period of 3 days. It will slip into Redemption Grace Period post 31 Jul, 2007.
  3. xyz.eu gets Registered on 31 Jul, 2006 and will Expire on 31 Jul, 2007. If the domain name is not renewed until the Deletion date, it will be Deleted from our System on 30 Jul, 2007 (since this is the second last day of the expiring month) and will not have any Renewal Grace Period. It will slip into Redemption Grace Period post 31 Jul, 2007.xyz.eu would not be redirected to a temporary parking page since the domain name would be deleted before it actually Expires.

Affiliate Program

Aivivid runs an extensive affiliate program in different geographical locations, please open a ticket with our sales department and ask for details.

Complaints Escalation Procedure

We aim to give outstanding service and value for money, however we recognise that from time to time issues can arise that need to be escalated. We are committed to resolving any such issues as quickly and efficiently as possible. The following section gives information on how to contact us, and what to do if you have a complaint. If you are unhappy with any of our services, or you feel that you have not received a satisfactory response from our helpdesk, you may send your complaint in writing to: Customer Services Manager sales [ at ] aivivid.com Please make sure that you include your original Ticket ID which can be found on the auto responder from our helpdesk. You should expect to receive a response to your query within 14 days of us receiving your correspondence. On receipt of your complaint our Customer Services Manager will thoroughly investigate any issues raised and propose a course of action for resolution.

Dispute Resolution and Legal Jurisdiction

Subject to the relevant clause in the General Conditions on jurisdiction and dispute resolution, the competent courts of Stockholm, Sweden, shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Agreement or other agreements or other legal relationships resulting there from.

Disclaimer

Aivivid will not be responsible for any damages your business may suffer. Aivivid makes no warranties of any kind, expressed or implied for services we provide. Aivivid 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 aivivid and its employees. Aivivid makes no “uptime” guarantees. Aivivid perform backups of hosting accounts on a regular basis however they come with no guarantee. Aivivid can accept no responsibility for any loss of data or consequences arising from this. Aivivid always advises clients to back up their site data regularly for their own protection. Aivivid furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of aivivid. A customer’s failure to comply with those laws will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with aivivid then aivivid will not be responsible for maintaining hosting for the resellers customers. All communications (emails, verbal or written) are between aivivid and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer (as specified in the customer details section when placing your order) and aivivid. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Aivivid will only be able to communicate with regards to the account with the registered customer and not a third-party. Aivivid wishes to emphasize that in accepting services, customers indemnify aivivid for the violation of any law or aivivid policy, that results in loss to aivivid or the bringing of any claim against aivivid. This means that if aivivid is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against aivivid, plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account termination. Aivivid reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.