Our Policies
Visitor & Customer Agreement - General
Introduction
By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use.
General Disclaimer
The content of the pages of this website is for general information purposes only. This content is provided by Aarfie and, while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express, implied or statutory, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Aarfie. These links are provided for your convenience. We have no control over the nature, content and availability of these websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep this website up and running smoothly. However, Aarfie takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Privacy Policy
This privacy policy sets out how Aarfie uses and protects any information that you give us when you use this website. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Aarfie does not use any of your information for any purpose other than to help improve our own web site, products and services. We require your information to establish direct contact and to understand your needs. Your information is never passed on or sold for any purpose unless where required by law.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Copyright
This website and its content is copyright of Aarfie - © 2009. All rights reserved.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of part or all of the contents in any form is prohibited other than the following,
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Linking
You agree that if you include a link from any other web site to Aarfie, such link must link to the full version of an HTML formatted page of this official Aarfie web site.
You are not permitted to link directly to any image hosted on Aarfie or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site.
You agree not to link from any other web site to Aarfie in any manner such that Aarfie, or any page of Aarfie, is “framed,” surrounded or obfuscated by any third party content, materials or branding.
We reserve our right to insist that any link to Aarfie be discontinued, and to revoke your right to link to Aarfie from any other web site at any time upon written notice to you.
Customer Agreement - For All Services
Disclaimer of Warranties
It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Aarfie provides design, software and services on an "AS IS" basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Aarfie does not warrant that the design, software and services will be error-free or uninterrupted and makes no representations regarding use, availability, up-time, data security, accuracy and reliability of their service. You, an Aarfie Customer, acknowledge that this "Disclaimer of Warranties" is a reasonable and essential element of this agreement.
Limitation of Liability
In no event shall Aarfie, its suppliers, service providers, or their offices, directors, employees, contractors or agents be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with design, software, services or this agreement - however arising, including negligence. Aarfie's cumulative liability, and the liability of its offices, directors, employees, contractors and agents to you or any third party is limited to the amount of fees you pay to Aarfie for the design, software or services in the month immediately preceding the month in which the action giving rise to the liability first arose.
Indemnity
You agree to indemnify and hold Aarfie and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from any breach of this Agreement or the documents it incorporates by reference. Aarfie's indemnity rights shall not be limited or offset by any contributory negligence by Aarfie.
Variations
While our original quotations are fixed, we reserve the right to charge additional sums for the provision of design, software and services that could not have reasonably been accounted for in our original quotation, the classification of which is to Aarfie's sole and absolute discretion and/or judgment. Your agreement will be sought prior to the provision of variation design, software and services wherever possible.
While Aarfie offers some design, software and services for free or as support, we reserve the right to charge additional sums for, and refuse further provision of, any and all of our design, software and services should the provision of said design, software and services be deemed, to Aarfie's sole and absolute discretion and/or judgment, in excess of "fair use" of our free services or outside of the scope of reasonable support.
Copyright
All content including, but not limited to, text, design, layout, software, code, appearance, correspondence and graphics, developed by Aarfie specifically for your project remains the property of Aarfie until your full payment of the associated project invoice is received. Until this time the referenced content is copyright of Aarfie - © 2009. All rights reserved. Reproduction of part or all of the contents in any form or variation is strictly prohibited. Unauthorised reproduction may give rise to a claim for damages and/or be a criminal offence.
Customer Agreement - For Hosting
We have provided the below for your ease - the complete Terms of Service/Usage Policy and Privacy Policy must be agreed to prior to purchase:
- Aarfie hosting does not allow pornographic material.
- Aarfie hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
- Aarfie hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to)
- Abuse of the machines - either intentional or due to improper coding
- Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators", copyrighted audio or video files without written consent from the legal copyright owner. Additionally, Aarfie reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.
- Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.
- Attempts to circumvent any of our security policies, procedures or systems.
Terms of Service/Usage Policy
Aarfie™ "Customer Agreement - For Hosting", also referred to as Acceptable Use Policy (AUP), defines the actions which Aarfie considers to be abuse and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed herein are also prohibited from other Internet Presence Providers (IPP's) and their users on behalf of Aarfie to advertise any service hosted by Aarfie or connected via the Aarfie Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, companies or individual account owners using Aarfie services as CUSTOMERS.
Aarfie Acceptable Use Policy has been formulated with the following goals in mind:
- Ensure security, reliability and privacy of Aarfie systems and network, and the networks and systems of others.
- Avoid situations that may cause Aarfie to incur civil liability.
- Maintain the image and reputation of Aarfie as a responsible organization.
- Preserve the value of Internet resources as a conduit for free expression.
- Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
- Preserve the privacy and security of individual users.
Unlimited Fair Use
While Aarfie does not meter disk space & bandwidth, the purpose of an Aarfie hosting account is to host web sites. Using a hosting account primarily for online file storage or archiving electronic files is prohibited.
Although our commitment to remove the cost impact of increased site traffic and use is genuine, it is important for us to stress that should a customer's web space gain such traffic or develop such needs that it requires resources beyond that which we can reasonably absorb without penalty, to Aarfie's sole and absolute discretion and/or judgment, additional charges may be applied to the customer's account or the customer may be required to upgrade their account (see Bandwidth Charges policy for more information).
Furthermore, Aarfie hosting is a shared hosting environment, so to ensure fast & reliable service to all of our clients, accounts that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server.
To Top of Page - Pricing Page - Tell Me More / Hosting Page
Bandwidth Charges
As a shared hosting environment, Aarfie aims to remove any penalties for increased traffic to your site. However, should the level of traffic to your site become high enough to impact the performance of the Aarfie network, you will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for Aarfie than for any other services we offer. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
To Top of Page - Pricing Page - Tell Me More / Hosting Page
Network Security
Customers may not use Aarfie's network as to 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, mailbombing, or other deliberate attempts to overload or crash a host or network.
Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer's risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer's responsibility to solve. If the malignity of the problem is deemed by Aarfie to not warrant such drastic action, the customer will be contacted via the email to correct the problem themselves. Customers are responsible for maintaining their contact information such that their last provided non-Aarfie hosted email address is always reachable even in the event of their Aarfie hosting servers being shut down.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else's network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
Aarfie 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 systems or network security may incur criminal or civil liability. Aarfie reserves the right to charge up to $500 per complaint to investigate.
Customer Spamming Policy
Aarfie has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.
The Policy
You refers to the Aarfie Customer; we refers to Aarfie.
Aarfie has the right to charge $500 per complaint to investigate.
Aarfie does not deal with your customers or their customers etc.; We hold our customers responsible for dealing with spam from or about their section of the network. Aarfie hosting customers are responsible for ensuring that they, their customers, and their respective agents and contractors abide by this policy. Aarfie's customers will be held responsible for all traffic either sent via their connection to Aarfie or sent elsewhere using support services provided via their connection to Aarfie hosting. "Support services" includes DNS, hosting websites, electronic mailboxes, IRC servers, sale of spamming software or other similar services. Customers are also responsible for ensuring that they do not advertise or promote themselves through UBE/UCE.
If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.
If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.
We reserve the right, to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
What does this mean to me?
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own.
You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.
If your server hosts any mailing lists, they must all be true opt-in lists, which means that, before sending any commercial email, a confirmation email, preferably with a tracking number, is sent to the new subscriber, to which they must respond. If they do not respond to the confirmation email, they must not be considered to have opted in. You should keep these confirmations on file or in a database so that when complaints come in, you can prove the subscriber actually opted in. You must in addition provide at least one easy way to opt-out: see the MAPS guidelines for details.
If your server is used to send any email at all, it must also be configured to support RFC 1123 section 5.2; in particular it must accept mail for 'postmaster' and must accept bounces (which have a FROM address of <>).
Why this Policy?
We at Aarfie feel strongly that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the mailboxes and newsgroups of both casual and heavy Internet users.
Data Backup
Aarfie maintains, as a convenience to its clients, regular automated data backups on accounts equal to or less than 20 gigabytes in total size. This service is provided at no additional charge. Hosting accounts greater than 20 gigabytes in size will not be included in regular data backups; this service is, however, available for an additional service charge for accounts exceeding the 20 gigabyte size limit.
While Aarfie maintains the previously stated backups, this service is provided as a convenience only and Aarfie assumes no liability as to the availability or completeness of client data backups. Aarfie will provide, upon request, one (1) data restore per one (1) calendar month free of charge. Additional data restores may be provided but are subject to additional service fees.
General Conduct
Customers are prohibited from transmitting on or through any of Aarfie's services, any material that is, in Aarfie's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Aarfie's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Aarfie reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with Aarfie up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Aarfie's products and services is not permitted, unless specifically permitted and documented in a written agreement.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
Domain Name Dispute & Copyright Claims Policy
Aarfie supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
Copyright Infringement Claims / (DMCA)
To notify Aarfie that there has been a copyright or trademark violation email support@aarfie.com .
Payment
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE Aarfie TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD / PAYPAL ACCOUNT FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated:
by deactivating your PayPal subscription payment via the PayPal site,
by giving Aarfie written notice support@aarfie.com,
by Aarfie in the event of nonpayment by Customer,
by Aarfie at any time, without notice, if, in Aarfie's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Aarfie's sole and absolute discretion and/or judgment, could disrupt, Aarfie's business operations.
Aarfie hosting is billed in advance and is non-refundable. There will be no refunds or credits for a partial Term of service, or refunds for Terms unused with an open account.
Cancellation
Aarfie reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Aarife to customer if Aarife initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be cancelled at any time effective the end of the contract.
Aarfie reserves the right to deny, forfeit, or refuse refunds at any time if necessary.
Disclaimer
Aarfie is not responsible for any damages your business may suffer.
Aarfie does not make implied or written warranties for any of our services.
Aarfie denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Aarfie.
The Customer will not use its network nor space provided by Aarfie to violate any law. In the event Customer violates existing law, Aarfie shall have the right to terminate all service set forth in this Agreement. In the event Aarfie is informed by government authorities of inappropriate or illegal use of Aarfie facilities or other networks accessed through Aarfie, Aarfie may terminate customer's service.
Aarfie will cooperate fully with investigations of violation of systems or network security at other sites.
Aarfie will cooperate with law enforcement authorities in the investigation of possible criminal violations.
Customers who violate systems and/or network security, may incur in criminal or civil liability.
Aarfie reserves the right to amend its policies at any time. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
If you have any questions concerning the above stated terms and conditions then please contact us.