Terms of Use

avEIGHT reserves the right to cancel service at anytime. All web sites hosted by avEIGHT must abide by the laws of the United States of America. The views expressed on web sites hosted by avEIGHT are those of the web site's publisher and in no way reflect avEIGHT's views. avEIGHT is an equal opportunity hostler.

This Acceptable Use Policy (“Policy”) describes actions by Users that are prohibited by avEIGHT. Users (“Users”) means any user of the Internet related Services (“Services”) that are provided by avEIGHT. User acknowledges and agrees that this policy may be revised from time to time by avEIGHT at its discretion, with any such modifications effective when the revised Policy is posted to http://webservices.aveight.com/sla_tou.html. In addition, all Users must comply with the then-current industry standard acceptable use policy set forth at http://www.ipservices.att.com/policy.html, or such other acceptable use policy web sites as set forth from time to time by avEIGHT. To the extent these third-party acceptable use policies conflict with this Policy, the terms of this Policy will prevail.
avEIGHT may in its sole discretion determine whether a User is in violation of this Policy. As specified below, avEIGHT believes that illegal usage, abusive usage and/or use of the Services to interfere with other Users’ enjoyment of the Services is unacceptable. In the event that you believe that you have been a victim of abusive or illegal usage of the Services, please contact admin@avEIGHT.com.

Illegal Use Prohibited. The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, without limitation, effecting or participating in any of the following activities via the Services provided by avEIGHT:

(i) storing, posting or transmitting unlawful materials, e-mail or information;

(ii) storing, posting or transmitting harassing, threatening or abusive materials, e-mail or information;

(iii) storing, posting or transmitting defamatory, libelous, slanderous or scandalous materials, e-mail or information;

(iv) storing, posting or transmitting obscene, pornographic, profane or otherwise objectionable information of any kind;

(v) storing, posting or transmitting materials, e-mail or information that would constitute an infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others;

(vi) storing, posting or transmitting materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

(vii) storing, posting or transmitting materials that would give rise to liability under the avEIGHT Acceptable Use Policies.

(viii) storing, collecting, posting or transmitting credit card, debit card, electronic funds transfer numbers or other similar types of data for either a fraudulent or illegal purpose, or in a manner that would permit others to use such data for a fraudulent or illegal purpose; and

(ix) collecting, without adequate security and a legitimate purpose (as determined by avEIGHT), any of the following: (a) information from Users under the age of sixteen (16) without consent from such Users’ parents or legal guardians; (b) User’s personal health information or personal financial information without informed consent from such User; or (c) other personal information without the advising the User.

Abusive Use Prohibited. The Services may not be used for abusive purposes, as determined by avEIGHT. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by avEIGHT:

(i) posting five (5) or more messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other similar groups or lists;

(ii) posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles which are off-topic according to the charter or other owner-published FAQ’s, rules, or policies or descriptions of the group or list;

(iii) sending unsolicited e-mailings (including, without limitation, commercial advertising and informational announcements) to more than five (5) e-mail addresses within a forty-eight (48) hour period, if such unsolicited e-mailings could reasonably be expected to or do in fact provoke complaints;

(iv) falsifying User information provided to avEIGHT or to other Users of the Services; and

(v) engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provided by avEIGHT, re-mailer, or otherwise through the Services or using an account provided by avEIGHT as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonably be expected to adversely affect the provider of Services or its supplier.

(vi) operating a server in connection with the Services in an “open relay” configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user). Servers configured in this manner expose both avEIGHT’s network and the User’s personal account to fraudulent and abusive use by third parties. User hereby acknowledges and agrees that it will not operate servers with in an open relay configuration. If a User requires assistance in determining the configuration of the User’s server and/or instructions to secure a server the User may contact: admin@avEIGHT.com.

Interfering With Other Users Prohibited. No User shall interfere with any other person’s use of the Services or the Internet by effecting or participating in any of the following activities via the Services provided by avEIGHT:

(i) restricting or inhibiting any other User or any other person from using and enjoying Services and/or the Internet;

(ii) posting or transmitting any information or software that contains a virus worm, cancelbot or other harmful component;

(iii) without permission from the owner of a system or network, doing any of the following: (a) accessing the system or network, (b) monitoring data or traffic, (c) probing, scanning, testing firewalls, (d) testing the vulnerability of a system or network or (e) breaching the security or authentication routines of a system or network;

(iv) conducting or forwarding surveys, contests, pyramid schemes, charity requests or chain letters;

(v) relaying e-mail in an anonymous fashion or forging any TCP-IP packet header; or

(vi) mailbombing, flooding, overloading, attacking or otherwise interfering with a system or
network.

Abusive Language
avEight will not tolerate any abusive language, either written or verbal, directed towards it or any of its employees. avEIGHT has the right to terminate the service/s of any person or business who uses abusive language that is directed towards avEIGHT.

Delinquent Accounts. Any User with a delinquent account (A delinquent account is defined as any User who has not entirely fulfilled their payment obligations to avEIGHT including, but not limited to, verbal payment agreements, contractual payment agreements, and/or invoice payment/s within the time period listed on the invoice from avEIGHT) will have limited or no access to their Service (or Services) at the sole discretion of avEIGHT. This includes, but is not limited to, all information or data stored on any avEIGHT web server, hard disk, CD, DVD, stored in paper format, or any other digital media.

Cancellation
All requests for cancellation of services must be submitted in writing to avEIGHT. Cancellation requests can be emailed to admin@aveight.com

Remedies. Violation of this Policy may result in civil or criminal liability, and avEIGHT may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee or hourly fee for time used to resolve the matter. In addition, avEIGHT may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to avEIGHT stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above. avEIGHT's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of avEIGHT's rights.

Service Level Agreement (SLA)

This agreement represents the complete Service Level Agreement (called the "SLA") and understanding between AV8 Inc. ("avEIGHT") and you, the customer regarding the quality of Service, and supersedes any other written or oral agreement between you and avEIGHT. At any time, avEIGHT may modify these terms and conditions effective as of the placement on-line at http://webservices.aveight.com/sla_tou.html.

1. Services Covered under this Agreement

* High speed servers
* 24 hour server support
* SSL security
* Standards based code
* E-mail Services
* Encrypted e-mail services

2. Satisfaction Guarantee
avEIGHT provides a 30-day satisfaction guarantee for all corporate services. If you are not satisfied with the service you have received in your first 30 days with avEIGHT, avEIGHT will cancel your service without penalty and provide full refunds for the monthly service and setup fees. Requests for cancellation under this agreement must be made in writing to admin@avEIGHT.com within the first 30 days following the installation of the avEIGHT service.

3. Availability Guarantees
The following outlines the availability guarantees for each of avEIGHT’s corporate

* Hosting services: 97% up time- Web server
* Services 97% up time- E-mail server

If your service sustains a percentage uptime for the month that is lower than the percentages noted above, avEIGHT will credit your account in an amount equal to 100% of the monthly service fee for the specific service. All requests for credit must be submitted to avEIGHT by e-mail and must be sent to admin@avEIGHT.com within 15 days of the end of the month in which the downtime occurred.

4. Reporting, Measurement, and Definition of Downtime
All downtime incidents must be reported to avEIGHT’s corporate call center at (215) 627-3215 within 24hours of the incident occurring. A ticket must be opened at avEIGHT for an outage to be considered for credits. A service is considered to be “down” if your avEIGHT provided service is not able to gain access or be accessed to or from the Internet due to problems on the avEIGHT Network or Servers. It is not considered to be “down” if the service is simply degraded or slow. All compensation for downtime will be applied as a credit to your avEIGHT account. Compensation cannot be converted to a monetary payment. avEIGHT is not responsible for any loss of business as a result of downtime.

5. Exclusions from the SLA

5.1 Maintenance Windows

• avEIGHT Communications has scheduled Maintenance Windows between 1am and 5am EST, 7x365. Notice of scheduled maintenance will be provided to the Customer’s designated point of contact by e-mail. The customer is responsible for notifying avEIGHT of any changes in the contact information. The Downtime during these scheduled maintenance windows is excluded from the SLA.

• Service outages caused by natural disasters (including, but not limited to, fires, floods, and ice storms) war, insurrection, riot, or any other event beyond the reasonable control of avEIGHT are excluded from the SLA.

• Any outage caused by a customer error which includes but is not limited to, software misconfiguration and customer hardware failures are not covered under the SLA.

• Any outage on the Internet outside of the avEIGHT Network is not covered under the SLA.

• The SLA starts at the time when the provisioning of the service is complete.

6. Consulting

1. Technical services deemed outside of the scope of this agreement will be billed at $120 per hour. The customer will be notified via e-mail before work which is considered outside the scope of this agreement will begin.