- Please make sure you read each section prior to signing up with us.

Terms of Services
Revision date: 6/13/2009

Added 11/11/09 - WE DO NOT ALLOW WAREZ HOSTING OR THE HOSTING OF ANY COPYRIGHT MATERIAL ON OUR SERVERS. ANY ACCOUNT FOUND WITH SUCH FILES WILL BE TERMINATED WITHOUT NOTICE.

ALLOWED (OFFSHORE):
Adult web sites (within US law requirements)
Private Proxy Hosting
Private Rapidleech (no warez)

NOT ALLOWED (all severs)
Child porn of ANY kind
Warez files of ANY kind
Illegal or copyrighted material
Open Proxys
Open Rapid Leech (auto suspend)

Any account found using more than %20 of the entire server CPU for over a 6 minute period will be auto suspended by the server, If this happens to your account please contact support.

Back ups
For all US server clients, Arbers Hosting does automatic backups of all accounts for internal purposes. We can provide access to these backups for a monthly fee of $5. If you choose to opt out of the backup fee at time of order and need access to the backup for any reason, there will be a one time fee of $35.

For all Offshore server clients, Arbers Hosting does not make backups of your web site. As we are a budget service provider we are able to keep costs low by not providing a 3rd party backup solution. You are responsible for backing up your own web site and files. Arbers hosting will not be held responsible for any kind of data loss caused either by fault of our own or of yours. We will however provide emergency hosting if this happens. If you would like to have your account backed up, there is a $5 monthly charge. This is an opt in service only! We at Arbers Hosting do NOT have automatic backups of any offshore accounts.

All services provided by Arbers Hosting (“ArbersHosting”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Arbers Hosting from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to ArbersHosting’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ArbersHosting WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and if your account goes over your traffic usage limit then it will be disabled till the end of the month.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of ArbersHosting is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of ArbersHosting must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, ArbersHosting shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to ArbersHosting by no later than the specified payment due date. ArbersHosting shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by ArbersHosting to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ArbersHosting and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We offer a 7 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid ArbersHosting for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will not be entitled to a refund for the months remaining. Please note this only applies to shared hosting and reseller hosting. VPS Servers Dedicated Servers and other services are not eligible for this offer.

Refusal of Refund
We reserve the right to refuse a refund to any client.Operating System Reinstalls For Dedicated Servers
If you need an operating system reinstall and its upon your request you will be charged 29$ per reinstall.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Pricing Changes
We reserve the right to change the prices at any time.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 7 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
ArbersHosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ArbersHosting ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, ArbersHosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ArbersHosting ‘ servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to support@arbershosting.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

“UNLIMITED” USAGE POLICIES AND DEFINITIONS

1. What “Unlimited” means. ArbersHosting.Com does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, ArbersHosting.Com makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
2. What “Unlimited” DOES NOT mean. ArbersHosting.Com employs complex mechanisms to protect its Subscribers and systems from abuse. ArbersHosting.Com’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.ArbersHosting.Com’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. ArbersHosting.Com’s service is designed to meet the typical needs of small business and home business website Subscribers throughout Europe & North America. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.ArbersHosting.Com will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, ArbersHosting.Com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until ArbersHosting.Com can evaluate said sites resource needs.
3. Unlimited Hosting Space. ArbersHosting.Com does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does ArbersHosting.Com charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the ArbersHosting.Com service is designed to host websites . ArbersHosting.Com does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice.
4. Unlimited File Transfer. ArbersHosting.Com does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does ArbersHosting.Com charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, ArbersHosting.Com reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.
5. Unlimited Domain Hosting. ArbersHosting.Com does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.

Disclaimer
ArbersHosting cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by ArbersHosting are resold. Thus, certain equipment, routing, software and programming used by ArbersHosting are not directly owned or written by ArbersHosting. Moreover, ArbersHosting holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ArbersHosting sees fit.

Account Activation
By activating your account with ArbersHosting, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
ArbersHosting guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

ArbersHosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: 5/16/2009

ArbersHosting has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: support@arbershosting.com

Acceptable Use Policy
Revision date: 5/16/2009

As a provider of web site hosting and other Internet-related services, ArbersHosting offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ArbersHosting respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ArbersHosting reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ArbersHosting has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using ArbersHosting’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ArbersHosting cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ArbersHosting cannot monitor or censor the Internet, and will not attempt to do so, ArbersHosting cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that ArbersHosting does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over ArbersHosting’ network and may reach a large number of people, including both subscribers and non-subscribers of ArbersHosting, subscribers’ postings to the Internet may affect other subscribers and may affect ArbersHosting’ goodwill, business, reputation or operations. For these reasons, subscribers violate ArbersHosting policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ArbersHosting, but also because it can overload ArbersHosting’ network and disrupt service to ArbersHosting’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ArbersHosting will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ArbersHosting reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ArbersHosting choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, ArbersHosting does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
ArbersHosting does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
ArbersHosting is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@arbershosting.com.

Obscene Speech or Materials:
Using ArbersHosting’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ArbersHosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using ArbersHosting’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
ArbersHosting reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that ArbersHosting determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ArbersHosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with ArbersHosting’ policy or applicable law. However, when ArbersHosting becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ArbersHosting.

ArbersHosting is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ArbersHosting’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ArbersHosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ArbersHosting reserves the right to directly take action against a customer of its subscribers. Also, ArbersHosting may take action against the ArbersHosting’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ArbersHosting anticipates that subscribers who offer Internet services will cooperate with ArbersHosting in any corrective or preventive action that ArbersHosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ArbersHosting policy.

ArbersHosting will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. ArbersHosting may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ArbersHosting may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ArbersHosting assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ArbersHosting may disclose subscriber information or information transmitted over its network where necessary to protect ArbersHosting and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ArbersHosting will never sell information to other services or outside companies.

ArbersHosting expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate ArbersHosting policy. Finally, ArbersHosting wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ArbersHosting for any violation of the Service Agreement, law or ArbersHosting policy resulting in loss to ArbersHosting or the bringing of any claim against ArbersHosting by any third party. This means that, if ArbersHosting is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against ArbersHosting, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including ArbersHosting and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to support@arbershosting.com.