For Our Client's Protection

Arylee Digital's Hosting's Terms of Service

Arylee Digital provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

Absolutly No Refunds are given for sites or accounts that are suspended due to TOS Violations as stated in this TOS. No Exceptions.

All services provided by Arylee Digital are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Arylee Digital, from any claims resulting from the subscriber's use of Arylee Digital's services which damages the subscriber or any other party.

Note: Pornography and sex related merchandising are prohibited on any Arylee Digital server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Arylee Digital servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to):

NO REFUNDS FOR ANY VIOLATIONS OF THE FOLLOWING ARE GIVEN! NO EXCEPTIONS!

  • IRC Software

  • SPAM and Unsolicited Email of ANY KIND

  • Pirated Software

  • Hacking programs or archives

  • Warez Sites or sites promoting or supporting illegal software in any way

  • Distribution of music files or any other material in which the account holder does not own the copyright.

  • Adult Sites

Arylee Digital will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

  • Proxies

    We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

  • Port Scanning

    We do not allow any kind of port scanning to be done on or from our servers or network.

    Commercial Advertising and Email Spamming - YOUR ACCOUNT WILL BE TERMINATED WITHOUT WARNING FOR ANY SPAM VIOLATION! - i.e. the sending of unsolicited email, from any Arylee Digital server or any server located on the Arylee Digital network is STRICTLY prohibited. Arylee Digital will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Arylee Digital In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Arylee Digital staff.

    Any and ALL accounts suspended or terminated due to violation of this Commercial Advertising/Email "Un-Solicited Mail" or "Spam" policy WILL NOT be refunded or credited at any time. NO EXCEPTIONS. By accepting our TOS at signup and paying your first payment to Arylee Digital you agree to accept these terms and adhear to this strict policy.

  • Running Unconfirmed Mailing Lists

    Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Arylee Digital customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from Arylee Digital-hosted domain, or referencing any Arylee Digital account, is prohibited.

    Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

    Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

    Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

  • Shoutcast Servers

    We do not allow Shout cast Servers due to bandwidth and load issues. Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.

  • PHP Shells

    PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

  • Server Abuse

    Any attempts to undermine or cause harm to a Arylee Digital server or subscriber of Arylee Digital is strictly prohibited including, but not limited to:
    • Logging into a server or account that you are not authorized to access.
    • Accessing data or taking any action to obtain services not intended for you or your use.
    • Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
    • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
    • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System.
    • Interfering with, intercepting or expropriating any system, data or information.
    • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mail bombing," or "crashing" any computer system.

    You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Arylee Digital and all dedicated servers must adhere to the above policies.

Scheduled Maintenance and Downtime

Arylee Digital will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Arylee Digital's control or which are not reasonably foreseeable by Arylee Digital, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures.

Arylee Digital will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Arylee Digital has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

No refunds of any kind are given, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Microsoft Exchange Services, Virtual Private, Hybrid Servers, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fees are NON refundable. Domain registration and SSL purchases are NON refundable and are also excluded from the 30 day Money Back guarantee. 30 Day guarantee is limited to first time buyers only. Any violation of Arylee Digital's Terms of Service Agreement shall result in no refund.

30 Day Money Back Guarantee!

Arylee Digital is known for providing top-quality service and hosting solutions. Our award-winning customer service team is highly responsive and has extensive experience supporting all of your support needs. We are so confident that our customers will be satisfied with our service, that we offer a 30 day Money Back Guarantee on all of our shared web hosting plans.

  • Arylee Digital Hosting Guarantees:

    • Your service will be provided free of any hardware or software defects upon delivery.
    • Your service will receive uninterrupted power and network service.
    • Our service team will be available to you via our ticket system 7×24x365.
    • If we fail to meet our commitment to you, we will refund your purchase price*.

  • Terms and Conditions:

    • Guarantee applies to first time purchasers only and is limited only to shared web hosting plans. Exchange Email and any SetupFee is not included.
    • 30 Day period begins when customer receives login information.
    • Refund will be provided only if: customer experiences technical problems caused or related to items 100% controlled by Arylee Digital Hosting.
    • Refunds are not given for downtime caused by customer actions or 3rd party software.
    • Amount refunded will be first months service, minus 15% restocking fee.
    • Refund is granted at Arylee Digital Hosting's sole discretion.
    • Refund decisions made by Arylee Digital Hosting are final.

Limitations on Use

Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.

Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling and billed a fee for any monthly bandwidth overages that exceed your plans maximum allotment at the rate of $5.00/GB. ABSOLUTELY NO EXCEPTIONS.

You can increase your bandwidth by upgrading to a higher plan at any time in your client area or by opening a support ticket.

Background Processes. Unauthorized background processes shall result in immediate termination of the account. Arylee Digital maintains the right to cancel accounts at its discretion.

Account Setup, Termination, and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month.

  • Check Orders:

    Accounts for subscribers who wish to pay by check will be setup when the check is received by Arylee Digital.

  • Disabling of accounts due to overdue payment:

    Accounts will be disabled if payment is not received within 10 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $100 in order to re-enable your account.

  • Termination of accounts due to overdue payment:

    If the account is not paid within 15 days of the invoice date, the account will be terminated and all information within the account will be deleted.

  • Cancellation Procedure:

    Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification.

  • Parked Domain Names:

    There is a one-time fee of $15 for parking additional domain names. This fee is nonrefundable.

  • Virtual Domain Names:

    Additional domains that point to a sub folder (Virtual Domains) are $5 per domain per month. This is a nonrefundable fee.

  • Domain Name Transfers:

    Arylee Digital shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.

Courtesy Services for Customers

All services such as backup and control panel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Arylee Digital is not responsible for lost data or for lost data due to third party software that is not maintained by Arylee Digital programming staff.

Limitations of Damages

Recovery of damages from Arylee Digital may not exceed the amount of fees it has collected on the account.

General

Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and Arylee Digital. By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Arylee Digital administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Microsoft Exchange services nor Hybrid Dedicated, Virtual Dedicated and Full Dedicated server plans. Any violation of these Terms of Service will result in termination of the account. Arylee Digital maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with no prior notice.

Dispute Resolution

Any dispute between Arylee Digital and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with California law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in San Diego County, CA unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Privacy Policy

Arylee Digital Respects Your Privacy

We will not give any information about you to others without your express permission. Our site uses forms in which you give us contact information (your name, address, daytime telephone number, and email address) so you can place orders, request information and support, and make product suggestions. We will then create an account number for you and if you choose to order from us using a credit card, we will collect your credit card number and expiration date. If you contact us for support, we will keep an internal record of what support was given. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new Arylee Digital services, and special offers we think you'll find valuable. If you would rather not receive this information, please see the "Updating Your Information" section below on how to change your preferences. If we present a co-branded offer with our partners or affiliates, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.

We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

On rare occasions, one of our partners may require us to share your personal information with them. We will only do so with your explicit permission first. We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system. Our site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don't have to login each time you visit our site. They are linked to your customer number, which is associated with the information in your account. This site also contains links to other sites. Arylee Digital is not responsible for the privacy practices or the content of such Web sites.

Security

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Please view our Secure Ordering page for further details.

Updating Your Information

As a customer of Arylee Digital, you may alter your customer information or opt-out of receiving communications from our partners and us at any time. We have the following options for changing and modifying your customer information.

You may visit your online account area at the following URL: http://www.arylee.com/billing

You may send mail to Arylee Digital at the following postal address: 1515 Black Walnut Dr, San Elijo Hills, CA. 92069 - USA

Sending Emails

We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our "About Us" page, to allow you to contact us directly. We strive to promptly reply to your messages. The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded. However, your information will only be shared with third parties with your explicit permission.

Only If We Have To

As stated previously in this policy, we will not share your personal information except with a third party to assist us in the processing or securing of your personal information or when we are required by law unless we have given you notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or we must comply with a legal process served on our web site. We may also need to give out your information if one of our partners requires it, but these situations are rare.

Changes in Our Practices

If we make material changes to our information handling practices or other privacy aspects, we will post those changes on this privacy statement, at least 30 days prior to their implementation or notify you directly via email. Minor changes will be immediately effective upon reposting to this privacy policy on the Arylee Digital Web site.

Service Provider

We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.