Terms and Conditions » Web Site Hosting by Ascent

Ascent Hosting Co. Terms and Conditions.

Ascent Hosting Co. reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Ascent Hosting Co. strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Ascent Hosting Co. customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement -

Full payment is required before any hosting service is rendered, which includes renewals. Payment is payable on the 1st day of the month. New monthly accounts are charged on a pro-rata basis for the balance of the month the account was created, then monthly in advance due on the 1st of each month thereafter.

Accounts billed annually will be pro-rated for the balance of the current month of signup, plus the annual fee. For example, if you sign up on 20 January and choose annual billing, you will be charged pro-rata for the balance of January (12 days), plus the annual fee for your chosen plan. Your next renewal date will then be 1 February of the following year.

Billing will continue until you cancel your hosting account. You may cancel at anytime. We will give clients a prorated refund when they cancel and delete their files from our server.

This only applies to cancellation by the client. If cancellation is done by Ascent Hosting Co. due to restrictions violation, there will be no refund. Ascent Hosting Co. will only allow for the discount if cancellation is not the fault of the client, as determined by Ascent Hosting Co.. All monetary transactions are in Australian dollars. Ascent Hosting Co. reserves the right to change prices at any time.

Account Cancellation -

You may cancel at anytime. To cancel your account, please log into your helpdesk account and lodge a ticket requesting cancellation of your account.

Indemnification Policy -

You agree to use all Ascent Hosting Co. services and facilities at your own risk. Ascent Hosting Co. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Ascent Hosting Co. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Ascent Hosting Co. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Ascent Hosting Co., 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 Ascent Hosting Co. against liabilities arising out of:

- Any injury to person or property caused by any products sold or otherwise distributed in connection with Ascent Hosting Co.’s server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Ascent Hosting Co.’s server.

Ascent Hosting Co. shall be the sole judge of what violates this Policy.

Server abuse policy -

If we determine that any site on our servers is using too much of the server’s resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server’s resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!!

We do not allow mass email marketing sites on our servers. It doesn’t matter if it’s opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server’s performance.

SPAM Policy -

Ascent Hosting Co. is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Ascent Hosting Co. network, by customers or any other users of the Ascent Hosting Co. network (including customers’ customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Ascent Hosting Co. server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Ascent Hosting Co. email address or web site URL is prohibited. The use of Ascent Hosting Co. servers as a mail drop for responses to activities described above is also prohibited.

If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.

No Free Trial accounts allowed -

We forbid the use of our resources to supply free hosting or free email services. These Free Trials and free accounts [subdomain or otherwise] open up the servers to severe abuse from hackers and spammers. If we find a customer who is offerring Free Trial accounts, or free hosting, we will suspend that account. We take this very seriously and there are no exceptions to this rule.

Content Policy -

All services provided by Ascent Hosting Co. 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Ascent Hosting Co. from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Ascent Hosting Co. servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Ascent Hosting Co. will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Ascent Hosting Co. 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.
- Online gambling.

Ascent Hosting Co. does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Ascent Hosting Co. will be the sole arbiter as to what constitutes a violation of this provision.

SSH Policy -

Ascent Hosting Co. enforces a strict “No SSH” policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

CGI Scripts Policy -

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script’s list] however we reserve the right to disable any CGI script that affects normal server operation or service to other Ascent Hosting Co. customers. You will be notified in 24 hours about offending cgi script.

Ascent Hosting Co. is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don’t expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Ascent Hosting Co. provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Ascent Hosting Co., however you may ask for assistance from fellow Ascent Hosting Co. members in our support forums.

Traffic Policy -

Ascent Hosting Co. allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Ascent Hosting Co. customers are discouraged from storing any files that cause excessive traffic on Ascent Hosting Co. servers. Please contact Ascent Hosting Co. Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Ascent Hosting Co. or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups -

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content any information.

The “Backup Manager” is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Ascent Hosting Co., we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Ascent Hosting Co. will attempt to recover the data from the most recent archive for a $50.00 fee.

Support Policy -

It is the client’s responsibility to have a good working knowledge of aspects of their site’s operation. Please do not expect the Ascent Hosting Co. support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this into the General discussion area of the forum and interact with other Ascent Hosting Co. members for help etc.

Ascent Hosting Co. reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.