Acceptable Use Policy
PROHIBITED CONTENT AND ACTIVITIES
The engaging in any prohibited use as set forth in this Acceptable Use Policy by any Avalon customer or by any users, customers, subscribers, employees, affiliates, or subsidiaries of an Avalon customer (as determined in the sole discretion of Avalon) constitutes a material breach of this Acceptable Use Policy and will subject the customer's account to immediate termination without notice and without any refund. The following statements pertain to all products and services offered by Avalon:
Abuse of Support
We pride ourselves on being able to provide customer support through a variety of channels, but we maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with Avalon via the channels of support. Any abuse of our support system shall constitute a breach of Terms of Service and the Customer's account will be subject to closure with immediate effect and without prior notice.
Customer may only use Avalon's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Avalon's Server. Also, using Avalon's servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Avalon's computer systems or network to access any system, service, or network without the owner's consent is expressly forbidden.
Any activity which causes service interruptions to either Avalon's network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they're prohibited on Avalon's network and servers.
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Avalon's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Avalon, or to use/store any kind of spamming software. Any complaint we receive about a violation of any of the foregoing points will be taken very seriously and will result in immediate account cancellation without a refund or any warning.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
You agree that if the Avalon IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and Avalon may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
FOREX, egold exchange, etc. and similar sites are strictly prohibited.
Usage of the Avalon network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against Avalon's network or website, or Avalon's employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Customer agrees to make use of Avalon servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Avalon servers are not intended as a data backup or archiving service. Avalon reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. To further protect the integrity of our service, any individual site consistently using 10% or more of the system's resources may be issued a warning or have its account deactivated.
Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
All IRC bots and "bouncers" (bnc, etc) are forbidden.
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on Avalon services.
All proxy software, anonymous or otherwise, is forbidden on Avalon services.
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers' activities.
Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Avalon is required by law to remove or block access to content appearing on or through its services upon receipt of proper notice of copyright infringement.
Export Control Violations
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. You may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
Other Illegal Activities
The use of Avalon's services to engage in any activity that is determined by Avalon, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls ("OFAC").
Avalon will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Avalon network.
Engaging in any activity that, in Avalon's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) Avalon's services, its business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Avalon's customers to effectively use Avalon's services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Acceptable Use Policy.
In addition, your failure to cooperate with Avalon in correcting or preventing violations of this Acceptable Use Policy by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of yours constitutes a violation of this Acceptable Use Policy by you.
We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that Avalon's network may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Avalon does not control or monitor the information or data you store on, or transmit through, our network. We specifically disclaim any representation or warranty that Avalon's services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA").
Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this Acceptable Use Policy, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Avalon is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
General Terms of Service
Whereas, Avalon Hosting, LLC, its subsidiaries and affiliates ("Avalon") is an information provider connected to the Internet and offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize Avalon's server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Avalon can make no guarantee that any given reader shall be able to access Avalon's server at any given time.
Avalon represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
Acceptance of General Terms of Service
As a precondition and requirement to use the services available via the websites operated by Avalon, you, for yourself and for the company or other person(s), if any, you represent ("Customer" or "Customers", as applicable), hereby accept and agree to be legally bound by these General Terms of Service, which are effective immediately between the Customer and Avalon. Each Customer is subject to these General Terms of Service, and by using Avalon's services, network and/or systems, the Customer agrees to be legally bound by and subject to all terms and conditions contained in these General Terms of Service, including as well all usage policies and other policies herein.
Avalon intends to provide the best possible web hosting service to each of its Customers. Avalon is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, Avalon reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these General Terms of Service at any time with or without notice. Any changes or modifications to these General Terms of Service are agreed to by the both parties upon renewal of services.
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- If the customer wishes to cancel Avalon web hosting services within thirty (30) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service violations) and have their money promptly refunded.
- Services provided by 3rd parties and Avalon partners are not part of the 30-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the control panel. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
- "30-Day Money-Back Guarantee" refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable.
- Violations of Avalon's Terms of Service or Acceptable Use Policy may, at Avalon's discretion, result in immediate and permanent disablement without refund.
- Disputed charges ("chargebacks") associated with any Avalon account may, at Avalon's discretion, result in immediate and permanent disablement.
- Avalon will use commercially reasonable efforts to make his web services available 99.9% of the time during each monthly billing cycle. If Avalon is unable to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based upon the Unavailability for that month.
- For the purposes of this agreement, Unavailability means that either (a) the Avalon service is unresponsive, or (b) Avalon returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
- Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 1 day in advance, and does not exceed one hour in any month.
- Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
- Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
- Avalon shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Avalon's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide Avalon with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Avalon. Avalon shall make no effort to validate this information for content, correctness or usability.
- Use of Avalon's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Avalon to provide this knowledge or Customer Support outside of the defined service of Avalon.
- Avalon will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- Avalon reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- Avalon reserves the right to disconnect any website or server deemed to present a security threat to Avalon's customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Avalon is grounds for termination of all services.
- Avalon makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Avalon also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Avalon is at the Customer's own risk, and Avalon specifically denies any responsibility for the accuracy or quality of information obtained through its services. Avalon does not guarantee that the customer will achieve the any minimum level of connection speed at any time, as this depends on a variety of factors (including your own internet connection). Connection speed represents the speed of a connection to Avalon's server and does not represent guarantees of available end to end bandwidth. Avalon expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- Avalon specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Avalon may, at its option and at any time, reject this material, including but not limited to after it has been put on Avalon's Server. Avalon agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Avalon. If the Customer fails to modify the material, as directed by Avalon, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through Avalon that are 'parked' or are otherwise not immediately associated with an Avalon hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Avalon. The Coming Soon web page may be modified at any time by Avalon without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Avalon.
Trademarks & Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.
Hardware, Equipment, & Software
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Avalon.
- Avalon makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Avalon service.
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Avalon will accept termination by electronic mail. Notwithstanding the above, Avalon may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Avalon reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of Avalon's Server is at Customer's sole risk. Neither Avalon, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Avalon's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Avalon Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall Avalon, its offices, agents or any one else involved in creating, producing or distributing Avalon's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Avalon Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Avalon's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Avalon's Server service.
- Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, Avalon's liability shall be limited to the greatest extent permitted by law.
- No action, regardless of form, arising out of these General Terms of Service or out of Avalon's services may be brought by the Customer more than one year after the event that gave rise to the cause of action.
- By using a promotional ("promo") code you waive the option to indicate who referred you to Avalon.
- You may not change/submit a promo code or referrer after you've finished signing up.
- Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with Avalon.
- Customer agrees that it shall defend, indemnify, save and hold Avalon harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Avalon, its agents, its customers, servants 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Avalon against Liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Avalon's Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright or other intellectual property infringement;
- any defective product which Customer sold on, or otherwise distributed in connection with, Avalon's server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Avalon under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Avalon from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Avalon is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain name owner directly, or should be filed in a UDRP or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes; we are only able to assist with complaints regarding the content of a hosted website (as opposed to the wording of the domain name registered).
ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP") is a method for resolving domain disputes relating to abusive domain registrations (for example, cybersquatting or trademark infringement). Please refer to http://www.icann.org/en/help/dndr/udrp for more information.
Customer agrees to abide by the terms set forth in this document as well as other Avalon policy documents including, but not limited to Avalon's Acceptable Use Policy.
Customer also agrees to abide by all applicable Terms set forth by all Avalon's affiliates, partners and subsidiaries.
Revisions to this General Terms of Service will be applicable to previous service contracts between the Customer and Avalon. Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Avalon.
These General Terms of Service constitute the entire contract and understanding of the parties with respect to the subject matter hereof. Any changes or modifications to these General Terms of Service thereto are agreed to by the both parties upon renewal of services.
These Terms are binding upon Avalon, all existing and prospective Customers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the General Terms of Service.
Choice of Law and Forum:
These General Terms of Service will be governed by and construed in accordance with the laws of the State of New York. Any and all claims concerning these General Terms of Service or Avalon's services will be brought in the federal or state courts located in the County of New York in the State of New York. The parties to this contract expressly consent to submit to the jurisdiction of courts and waive any personal jurisdiction or venue defenses concerning said forum.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO AVALON SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR AVALON ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
What personal information do we collect from the people that visit our blog, website or app?
We collect the following personal information from you:
- Contact Information such as name, email address, mailing address, phone number,
- Billing Information such as credit card number, and billing address,
- Unique Identifiers such as user name, account number, password,
- If you are registering, transferring, or setting up a domain, information pertinent to that domain.
As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
When do we collect information?
We collect information from you when you place an order, subscribe to a newsletter, fill out a form or enter information on our site.
We use this information to:
- Respond to customer service & offer requests,
- Administer your account,
- Improve our Web site and marketing efforts.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested,
- To improve our website in order to better serve you,
- To allow us to better service you in responding to your customer service requests,
- To administer a contest, promotion, survey or other site feature,
- To quickly process your transactions,
- To send periodic emails regarding your order or other products and services.
If you provide us personal information about others (such as providing information about your company, while registering a domain), or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We also use regular malware scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use 'cookies'?
We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled, it will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.
We may also disclose your personal information:
- as required by law such as to comply with a subpoena, or similar legal process,
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
- if Avalon is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
- to any other third party with your prior consent to do so.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
- Users can visit our site anonymously.
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking in order to provide a better service to our visitors.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: we will notify the users via email within 1 business day and we will notify the users via in site notification within 1 business day as well.
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions,
- Process orders and to send information and updates pertaining to orders,
- We may also send you additional information related to your product and/or service,
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
- NOT use false or misleading subjects or email addresses,
- Identify the message as an advertisement in some reasonable way,
- Include the physical address of our business or site headquarters,
- Monitor third-party email marketing services for compliance, if one is used,
- Honor opt-out/unsubscribe requests quickly,
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
Avalon Hosting, LLC
445 Park Avenue
New York, New York 10022
Last Edited on 2016-11-22
Affiliate Terms and Conditions
The Avalon Hosting, LLC ("Avalon" or "Company" or "we") affiliate program (the "Affiliate Program") is designed to help you generate income in exchange for referring new hosting clients to Avalon. These Affiliate Program Terms (the "Affiliate Agreement") are a contract between Avalon and you (the "Affiliate" or "you"), and it governs the terms and conditions of your participation in the Affiliate Program.
BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM.
- As an Avalon Affiliate Partner, you may earn a one-time referral commission ("Reward") the first time a referred customer makes a payment for any full hosting plan that meets the definition of a "Qualified Purchase" and the requirements set forth herein. A "Qualified Purchase" is the purchase of Avalon's hosting services by a new and unique customer who: (i) clicks on an affiliate tracking link, (ii) completes the signup process within thirty (30) days of clicking on the affiliate tracking link, (iii) maintains an active paid account with Avalon for a minimum of one (1) year; and (iv) did not transfer from an Avalon partner or related company.
- In the event that multiple affiliates refer the same unique customer, only the last referrer before the customer orders Avalon services will receive credit for the referral.
- New referred accounts for annual hosting plans qualify for up to a one-time $50 Reward, both for shared web hosting and VPS hosting.
- Referred customers must maintain an active hosting service during the first one-year period applicable in order for the affiliate Reward to be considered earned. Affiliates will not receive Rewards from customers who cancel their hosting service, receive a refund, or become suspended during the first one-year period.
- You are solely responsible for keeping all information up to date, including postal and email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue a valid payment. Each Affiliate is required to submit an accurate and up to date W-8/W-9 tax form. If we do not receive the necessary tax or payment information from you within ninety (90) days of a qualifying referral sale that would otherwise trigger a Reward, such Reward shall not accrue and no resulting Reward will be owed with respect to such sale. Your tax information is required to be on file in order for your Rewards to accrue and become payable.
- Missing or untracked affiliate referrals must be reported within 14 days of the qualifying referred sale and will be credited to your account at our sole discretion, provided that such credit has accrued pursuant to all terms in the Affiliate Terms of Service. Referrals that are not reported during the then-current referral period will not be credited to your account.
- Earned Rewards are available for redemption after the 30-day holding period, provided that the Affiliate has chosen to cash out their Rewards via the control panel. Earnings are first credited against any unpaid services incurred by the affiliate. For affiliates who have an earnings balance in excess of $20 (after applying against unpaid services), earned Rewards will be paid out via PayPal on the first business day after the 10th of the month. Such Rewards payments are subject to a 5% Paypal processing fee.
- Affiliates are responsible for making sure they are able to accept payments. Please ensure that your bank or PayPal account can accept payments from US-based companies.
- Affiliates are responsible for all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their Rewards. Please check with your bank or PayPal to find out if any of these apply to your account.
- In the event of possible credit card fraud and high cancellation rates, Avalon reserves the right to hold Rewards for up to two (2) additional months for verification. At Avalon's sole discretion, we reserve the right to cancel Rewards in the event that we are unable to collect funds from the referred customer, the order is fraudulent, the referred customer cancels with the first year, or if it is found that the Reward was earned improperly for any other reason.
- If a referred customer initially purchases a hosting package with a term of at least one (1) year and then cancels or downgrades their hosting package to a term of less than one (1) year within one (1) year of their initial purchase, the applicable Rewards paid to the affiliate will be reversed and deducted from future earnings.
- Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods etc.), as determined at Avalon's sole discretion, will be reversed regardless of the amount of time that has passed since the signup occurred.
- Promotional codes must be unique across our entire system. Use of other affiliates or Avalon promo codes and offers, which were not created by the referring affiliate, could result in the loss of all commissions and terminate the offending affiliate's partnership. Promo codes only work for totally new customers (not for existing customers adding more services or new customers trying to host domains that are already in our system).
- Promotional code discounts are non-recurring and are only applied toward an account's first payment.
Affiliate Restrictions and Responsibilities:
- Avalon does not accept "coupon-only" sites in our affiliate program. We reserve the right to deactivate any account that uses coupons/discounts as a primary method of promotion at our sole discretion.
- Affiliates MAY NOT use cookie-stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example, a 1x1 pixel iframe).
- Affiliates are responsible for ensuring that their tracking code is working properly before sending traffic to Avalon's servers. Any modification to the links is the sole responsibility of the affiliate. Rewards may not be paid for tracking errors caused by editing, masking, redirecting, or tampering with affiliate links, as determined at Avalon's sole discretion.
- Domain forwarding is prohibited -- you may not purchase a domain and set it to forward directly to our site using your affiliate link.
- Affiliates MAY NOT copy Avalon's website or any portions of it, including, without limitation, any of Avalon's trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Avalon's prior expressed written permission.
- Do not bid or otherwise purchase, either directly or indirectly, the search name "Avalon" or any misspelling or variant thereof from websites, search engines or other directory referral services.
- Violations of our Acceptable Use Policy or our General Terms of Service will result in immediate forfeiture of all Rewards payments.
- Gaining referrals through misrepresentation, improper use of Avalon intellectual property (i.e., Avalon trademarks and copyrighted material) or impersonation of Avalon personnel is strictly prohibited and can result in loss of accrued Rewards and/or removal from the program.
- Referred accounts must use different billing and payment methods from the referrer to qualify for Rewards.
- Customers cannot refer themselves or their spouse/civil union partner. No exceptions will be made. Violations can result in the loss of all accrued Rewards and dismissal from the program.
FTC Disclosure Policy:
- It is our intent to treat our customers fairly. Accordingly, we require all Avalon affiliates to comply fully with all applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides (See the FTC Endorsement Guide for more information.), which require that material connections between advertisers and endorsers be disclosed. This means that all affiliate websites (e.g. directories, review/rating sites, blogs and other websites) and any email or collateral that provide an endorsement or assessment of Avalon, must prominently disclose the fact that you may receive compensation for referring customers to Avalon. You are advised to seek and obtain your own legal advice on how FTC regulations apply to your website or other promotional activities for which you receive compensation.
- At our sole discretion, we reserve the right to withhold referral fees and/or terminate the affiliate relationship for your failure to comply with FTC regulations or with any other applicable regulations or guidelines, as determined by Avalon at our sole discretion.
- Affiliate accounts may be deactivated at any time, without warning or notice, and at our sole discretion. Any affiliate who violates Avalon's Terms of Service, including without limitation, these Affiliate Program Terms, or any applicable law, is subject to having their affiliate account deactivated immediately, and any and all accrued, but not yet received, Rewards will be forfeited.
- At our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
- Affiliate accounts generating a large number of fraudulent accounts, as determined in our sole discretion, will be deactivated.
- Affiliates may not resell hosting. All referred customers must provide their own payment method and contact information to be a Qualified Purchase. If Avalon determines in its sole discretion that an Affiliate is reselling hosting, the affiliate account will be immediately deactivated.
- If you would like to discontinue your participation in the Affiliate Program at any time, simply remove your affiliate links from your website and no longer promote them. For accounting purposes, our systems will retain your account and personal information.
We reserve the right to modify or cancel our Affiliate Program at any time. Your continued use of this service after modifications have been made constitutes an acceptance of the updated terms. If you do not agree with the updated terms, your only recourse is to stop utilizing our services and to terminate your agreement with us!