This Agreement will be for an initial “Term“ of 1 month from the date the Services are first provided by AmpNode. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term or any Renewal Term for a period of one calendar month (varying (28-30) days based on the calendar month) unless you provide AmpNode with written notice of termination at least 7 days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Support department or via direct E-mail contact (if provided to the customer/subscriber) to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by AmpNode.
The owner of the payment method (credit card, Google checkout, Paypal, BitCoin) which is used for payment on the account is designated as the authorized owner of the account.
We reserve the right to refuse, cancel or suspend service, at our sole discretion at any time without prior notice.
Customer agrees that it shall defend, indemnify, save and hold AmpNode harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AmpNode, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AmpNode against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AmpNode; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from AmpNode server. In agreeing to the AmpNode AUP and this Agreement, you agree to indemnify, defend and hold harmless AmpNode, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to AmpNode, or (b) the bringing of any claim against AmpNode by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if AmpNode is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against AmpNode, its employees, directors, partners, representatives and affiliates, plus all assicated costs and attorney's fees.
AmpNode may provide you access to other third party software and/or services ("Third Party Products") through reseller relationships AmpNode has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by AmpNode and not by the Third Party Vendor. Neither AmpNode nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM AmpNode OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AmpNode NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND AmpNode WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
All transactions with third party providers are solely between you and the individual provider. AmpNode is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific third party provider with whom you are dealing.
AmpNode does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. AmpNode does not warrant the accuracy or completeness of any information regarding third party providers.
AmpNode and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATES OF Illinois and Michigan and Texas (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN Illinois and Michigan and Texas, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of AmpNode, and any attempted assignment or delegation without such consent will be void. AmpNode may assign this Agreement in whole or part. AmpNode also may delegate the performance of certain services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and AmpNode are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and AmpNode. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
The “Subscriber”, "Client" or "you" agrees they or "you" are purchasing a subscription based service and are agreeing to the term length set forth of that particular service, ie; monthly, quarterly, semi-annual, annual, bi-annual, etc. Payment for all Services is due and payable in advance of the time when such Services are provided. By the Account Activation Date of each month, AmpNode 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 AmpNode by no later than the specified payment due date. AmpNode shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. Until you notify AmpNode of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with AmpNode. You will be provided with an invoice 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 may send an e-mail notification, at which point we will need to be provided with alternative payment methods within 24 hours. You must notify AmpNode of any changes to your card account or other payment method information (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit AmpNode from charging your account. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, can be suspended. AmpNode may suspend or terminate your account and pursue the collection costs incurred by AmpNode, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. If AmpNode terminates service(s) for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to AmpNode under this Agreement. AmpNode will not activate new Services for Clients who have an outstanding account balance. Dedicated servers will be reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment dedicated servers will not be automatically reactivated. To reinstate Services, AmpNode may require payment for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services. You must contact AmpNode directly after you make a late payment to reactivate the dedicated server.
You will pay all charges for your use of the services at the then current AmpNode prices for that category of service or any special offer applicable to your account as determined by AmpNode. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the services, other than taxes based on AmpNode net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of AmpNode.
AmpNode or its subsidiaries reserves the right to cancel this TOS Agreement and to permanently disconnect the service that AmpNode or its subsidiaries provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that AmpNode or its subsidiaries provides to Subscriber hereunder by requesting cancellation via opening a ticket to the Support department or via direct E-mail contact (if provided to the customer/subscriber) at least seven (14) days prior to Subscriber’s next renewal date. All cancellations must be received through the client area before the next billing cycle begins. Failure to cancel your account from the client area could result in your being automatically billed, for which refunds will not be given. Custom Dedicated Cluster Solutions must have cancellation request recieved at least 14 days prior to the next bill being due, failure to provide written cancellation before this deadline, will result in an automatic renewal. AmpNode or its subsidiaries will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that AmpNode or its subsidiaries has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from AmpNode or its subsidiaries’s facility.
If we find you in violation of our TOS and/or AUP Policies we may terminate your account(s) at anytime without notice and/or communication of such termination.
AmpNode may terminate your access to the services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; or (iii) as otherwise specified in this Agreement. In such event, AmpNode shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Upon termination of the services for any reason, user content, user websites, and other data will be deleted and non-recoverable.
All account credits are tied to the account on which they were originally added. Account credits will not be refunded back to the client.
Certain services carry a set-up fee charged by AmpNode to client, which must be paid by client in order to have use of said services. Listed fees for the Services do not include any sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to AmpNode 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.
Additional Service Fee's:
We always try our best to give our customer(s) outstanding equipment, support and the best pricing for these services on the planet! This being said, all payments to AmpNode are a strict NO REFUND policy on all services that include VPS and Dedicated hosting. . This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred to our billing department. Customers have the right to cancel services with AmpNode before the monthly renewal period and will not incur any additional cost if proper notice of a week (seven full calendar days) or more is given via support ticket and in some cases, direct E-mail contact. At times, due to heavy ordering and our fantastic unmatched pricing, we are not always to deliver equipment within the standard 12-72 hour period. If the set-up time does not meet your needs, PLEASE do not place your order(s) with AmpNode. We hAve an outstanding reputation for server credential delivery within 24 hours average and will continue to do everything we can to maintain this well-deserved reputation. If you have an emergency on your server set-up needs, please speak with our staff and kindly request prompt set-up pending availability. If AmpNode is unable to deliver a dedicated hosting service due the order request being out of stock at the time of order, AmpNode may grant the customer a full refund. This will be determined at AmpNode's discretion: sometimes all that is required is a few more hours or up to a couple of days for equipment delivery to the datacenter. In such a case, the customer will be notified of delayed setup. Chargebacks, disputes, and fraudulent orders ahve a zero tolerance policy. AmpNode aims to amicably resolve any and all disputes. If a fraudulent order is received, AmpNode reserves the right to contact law enforcement agencies, provide any and all information regarding the matter for investigation and cancel the order outright. If you dispute a charge to your credit card issuer that, in AmpNode sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay AmpNode an "Investigation Fee" of $100.00. If you place/open a Paypal dispute we have the right to terminate your account right away no matter if the dispute is resolved; plus we have the right to charge a "Investigation Fee" of $100.00. If you chargeback your credit payment we have the right to terminate your account right away no matter if the dispute is resolved plus; we have the right to charge a "Investigation Fee" of $150.00 + $35 chargeback fee. AmpNode reserves the right to suspend and or cancel any and all services being provided to you, the client. In the event that we are notified that a chargeback or other dispute is filed, all of your active services will be immediately terminated from our system, and your account will be immediately closed. Threatening to chargeback in any communication with AmpNode, can at AmpNode's sole discretion result in permanent account closure. A fee (up to $50) will apply and will be demanded before any services are restored if the server(s) is/are still available.
We DO NOT refund partial monthly fees to accounts. No refunds are given on any VPS, Cloud, Colocation, Dedicated Servers or any other service AmpNode provides. No refunds are provided on setup fees for any VPS, Cloud, Colocation, Dedicated Servers or any other service AmpNode provides. We require 14 days notice prior to the beginning of the next billing period for cancellation. PLEASE NOTE: domain name registration fees WILL NOT be refunded.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
The AUP governs the general policies and procedures for use of the services. The AUP is posted on the site at (or such other location as AmpNode may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. AmpNode MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT. All services may only be used for lawful purposes. The laws of the United States of America apply to all clients of AmpNode.com. You, the customer/subscriber, agree to indemnify and hold harmless AmpNode from any and all claims resulting from your use of AmpNode services. You, the customer/subscriber, represent and warrant to AmpNode that you are 18 years of age or older. Any use of or access to the services by anyone under 18 years of age is prohibited.
Use of the AmpNode services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@AmpNode.com with the information pertaining to your claim.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
AmpNode Offers no guarantees of network configurations regarding IPHM. All service offerings at the time of sale are sold with a functional and consistent networking configuration. If a configuration is altered at any point in the duration of a customer's/subscriber's service, but the service is still fully functional and has full accessibility to the assigned network and the customer/subscriber has full access to his/her service, no refund shall be provided. If the customer/subscriber has full access, the service is deemed functional and operable. It is forever AmpNode's goal and purpose to provide quality hardware and quality networks functioning with the precedence of IPHM enabled and egress filtering disabled. However, there is no guarantee on the range IPHM capability (/8, /16, /24, etc). If at any point during the service term IPHM is disabled in any manner on a specific network, AmpNode employees will strive relentlessly to resolve the matter. However, AmpNode accepts no responsibility for and holds no liability for the use of or malfunction of any network and its IPHM performance or lack there of. IPHM is deemed a security feature for all of AmpNode customers. It is not to be used for any illegal intent or abuse (see "Disclaimed Warranties"). IPHM is to enabled and disabled at the sole discretion of the data center where AmpNode servers reside. IPHM can be enabled or disabled at any time and without warning, including, but not limited to, AmpNode's private colocation services. AmpNode deems every customer a valuable individual and will seek to recitfy any interference in IPHM service when and where possible including, but not limited to, providing alternative solutions, providing recompense/amends in alternative form.
AmpNode exercises no control over, and accepts no responsibility for, the content of the information passing through AmpNode host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. AmpNode DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. AmpNode DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
This Agreement applies to client's Services as well. All content hosted on any AmpNode server is subject to this Agreement.
The free domain, and WHMCS license that are granted with all white label reseller accounts, are only active while the white label reseller account is active. Cancellation of the white label reseller account, shall result in forfeiture of the domain and of the WHMCS license.
Support/Sales/Billing - Live Chat / Ticket System / Phone Calls - Staff Abuse Policy: At AmpNode.Com and/or any other domain(s), and/or any parent/sister companies we always treat our customers with the utmost respect. In return, AmpNode expects an equal level of respect from their clients. If our staff feels that you are addressing them in a disrespectful or demeaning and/or rude manner and/or the following stated here, your account may be suspended and you may be asked to take your business elsewhere. AmpNode reserves the right to completely remove/terminate client’s account. The client will not be entitled to any refunds:
Any client caught signing up with multiple accounts to take advantage of our promotion code offers will have their accounts merged, suspended, and billed for the full amount that would be due had the client not created multiple accounts to take advantage of offers more than once. The accounts will not be unsuspended until the amount due is paid in full.
Any client caught posting their coupon codes generated for affiliate payouts on public coupon code websites (such as RetailMeNot.com) will be promptly dropped from Hostwind’s affiliate program. The appropriate use of AmpNode affiliate code system is to either post the codes on your website which you own that promotes hosting. Anyone found to be using the AmpNode brand name in promoting their affiliate offers (Example: Targeting Traffic For the Keyword "AmpNode Coupon Codes"), will have those affiliates removed from their account. The purpose of our affiliate program is to gain new customers we would have otherwise not had the opportunity to meet. Attempting to profit from customers who are already looking for AmpNode, is not how the program is intended to function.
Any attempted attack against any AmpNode server and/or client being hosted by AmpNode will result in automatic termination of the offending account with no refund including, but not limited to, no refunds for advanced payments, and a permanent banning of the offending client.
All services provided by AmpNode may only be used for lawful purposes. The laws of the State of Michigan, the State of Texas, the State of Illinois, and the United States of America apply. The customer agrees to indemnify and hold harmless AmpNode from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@AmpNode.Com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include: Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Prohibited network Activity:
Engaging in network crippling techniques such as sending out DDos Attacks to other networks, engaging in Phishing schemes, or anything other illegal activities that are prohibited by law or this User Agreement.
Distribute viruses or other technologies that may harm AmpNode, It’s users or any interests and properties.
Transfer your AmpNode networks account without our express written consent.
Ensuring Community Safety.
AmpNode and the Community work together to keep the site working properly and the Community safe.
People report problems, offensive content and policy violations to us. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to indefinitely suspend and/or cancel any accounts that are deemed unconfirmed, or whom we cannot verify individual or corporate identity.
Suspended Users and Accounts
You understand and agree that in the event your account is suspended from our network you will be unable to access our services or any content or data on our network until the specific suspended account has been reinstated by AmpNode.
We are not responsible for any data loss incurred due to Indefinite Suspension related issues related to serious policy violations of our network.
We also reserve the right to display a suspension page on any suspended line of service while the account is under active suspension from our network.
You understand that any suspension pages displaying on your line of service will no longer display when/if the line of service in question is reinstated by us.
If you registered a new domain name in conjunction with your service, and AmpNode terminates your service due to a termination for cause, then AmpNode reserves the right to request the domain name provider to remove the domain name from the domain name registry and/or transfer the domain name from you to AmpNode
Abusing Our Employees
Abuse towards any AmpNode employee will not be tolerated. You are expected to request and respond to support, billing and other issues in a professional manner, when emailing, calling or submitting online tickets to us. Any cursing, yelling, or further intentional disruptive behavior aimed at AmpNode or its employees shall be considered a violation of this Terms of Service agreement.
Any threat; whether orally, verbally, in writing, via E-mail, via Live Chat directed towards us or any of our employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of our User Agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given for termination of the Services for violation of these provisions.
Use of the AmpNode Network to engage in Prohibited SPAM Activities
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through AmpNode's servers is prohibited.
Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on AmpNode's servers, is prohibited
AmpNode accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
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 AmpNode 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 from any AmpNode-hosted domain, or referencing any AmpNode account, is 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/rokso, is prohibited
Use of the AmpNode Network to engage in Prohibited SPAM Activities; Right of Termination
Each AmpNode customer is responsible for the activities of its users and, by accepting service from AmpNode, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
In an effort to reduce UCE abuse AmpNode, at its sole discretion reserves the right to place Port 25 limitations on unverified accounts for the first 90 days, the limit may be removed upon identity verification
Complaints about customers/representatives or end-users of an AmpNode customer will be forwarded to the AmpNode customer's postmaster for action.
If violations of the AmpNode User Agreement occur, AmpNode reserves the right to terminate services with or take action to stop the offending customer from violating AmpNode's User Agreement as AmpNode deems appropriate, without notice.
We will not provide refunds in the event servers or resources are terminated as a result of Spamhaus SBL listings, failure to verify yourself to remove Port 25 limitations or any form of abuse related to this agreement.
Multiple violations of this policy will result in Suspension action and permenent exclusion from the AmpNode Network.
AmpNode services, including all related equipment, networks and network devices are provided only for authorized customer use. AmpNode systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes.Use of AmpNode system(s) constitutes consent to monitoring for these purposes. AmpNode may login to your account and delete any files we deem breaking our TOS without notice.
All of the files on our shared hosting accounts must pertain to your website(s). AmpNode shared hosting may not be used for massive file storage systems, or backup storage solutions. You are not authorized to use AmpNode for the hosting of download mirrors. You may have files for your clients/users/ to use, however if your website is based around a user downloading files, you will need to look obtain a dedicated solution.
You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, AmpNode will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting AmpNode or any of its other customers. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, you must set permissions on most directories to 755 or as restrictive as possible. Clients are responsible for all actions taken under their account. This includes the compromise of credentials such as client name and password. You must use a secure password. It is out high recommendation to use http://passwordsgenerator.net/ and generate a root password with a minimum of 50 (fifty) random characters including letters and numbers and symbols and then save that password on your computer for reference; this will significantly increase the security of brute force attempts against your server.
AmpNode may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. AmpNode will cooperate fully with law enforcement agencies.
Solely for the purpose of providing the Services, you hereby grant to AmpNode the right and license to access, store and use any content provided by you, and to remove all or any portion of such content if you violate the provisions of the AmpNode Service Agreement or this Agreement (TOS & AUP).
AmpNode may from time to time, and at any time, monitor your use of the services to ensure your compliance with the provisions of this Agreement.
IN NO EVENT WILL AmpNode OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER AmpNode NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO AmpNode OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AmpNode HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY AmpNode UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE AmpNode AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
Your Warranties and Representations to AmpNode. You warrant, represent, and covenant to AmpNode that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
Except for content provided by client, all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services ("AmpNode Content"), are the property of AmpNode. AmpNode Content may not be used, modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Client(s) may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any AmpNode Content.
AmpNode does not condone the use of our services to facilitate copyright infringement. AmpNode respects and abides by U.S. copyright laws including the requirements of the DMCA, and AmpNode requires clients to do the same. AmpNode implements an automated virtual private network (“VPN”) service. Our service is fully automated and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service. AmpNode VPN service qualifies as a provider of transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our clients’ activities in order to protect and respect their privacy, we are unable to identify particular users that may be infringing the lawful copyrights of others. To the extent AmpNode can, AmpNode will do its best to assist copyright owners and their agents that report copyright infringement by a client that is using AmpNode services. However, before investigating any report of copyright infringement, AmpNode requires the copyright owner or its authorized agent to give AmpNode a valid and complete DMCA takedown notice if the copyright owner wishes to report what it believes is infringing activity by a third party using AmpNode VPN services. If a copyright owner is unsure whether content on the AmpNode network infringes the owner’s copyright, then AmpNode requests that the owner please first contact an attorney. Please deliver notices to AmpNode’s designated DMCA Agent.
AmpNode has zero tolerance for Clients sending unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any Client who sends out spam will have such Client’s account terminated, and may be terminated without notice. AmpNode also reserve the right to charge Clients who engage in spam mailing a consulting fee of $250 per hour for any remedial actions that AmpNode elects to take in the event that, as a result of a Client’s activities, AmpNode servers or IP space are placed in any third-party mail filtering software or black hole lists. AmpNode also reserves the right to require all client's requesting more than 32 IP addresses to pay a deposit of up to $250 in order to be allowed to send emails. The deposit will be refunded at cancellation time, as long as no spam complaints have been recieved.Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited E-mail, bulk E-mailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated without notice and without refund.
In the event a customer reports trouble with network or hardware we have the right to login to said server with no notification to verify the report.
AmpNode may provide versions of the service with different speeds and bandwidth usage limitations, among other characteristics, subject to applicable service plans. You shall ensure that your use of the service does not restrict, inhibit, interfere with, or degrade any other user’s use of the service, nor represent (in the sole judgment of AmpNode) an overly large burden on the network. In addition, you shall ensure that your use of the service does not restrict, inhibit, interfere with, disrupt, degrade, or impede AmpNode’s ability to deliver and provide the service and monitor the service, backbone, network nodes, and/or other network services. You further agree to comply with all AmpNode network, bandwidth, and data storage and usage limitations. You shall ensure that your bandwidth consumption using the service does not exceed the limitations that are now in effect or may be established in the future. If your use of the service results in the consumption of bandwidth in excess of the applicable limitations, that is a violation of this Policy. In such cases, AmpNode may, at its sole discretion, terminate or suspend your service account or request that you subscribe to a version of the service with higher bandwidth usage limitations if you wish to continue to use the service at higher bandwidth consumption levels. "You", "the subscriber", "the client" may additionally purchase more bandwidth allocation for a server/service if the allocated bandwidth originally set forth is fully consumed.
Many of the datacenters that work with AmpNode provide the option of extending a server's bandwidth if a client consumes their originally purchased allotment. If a client wishes to do so, they may purchase extra bandwidth in varying allowances. If purchased, there is NO REFUND whatsoever (see refund policy). The extra bandwidth will be applied only after a confirmed payment is made. If no extension of bandwidth is purchased, some servers may be reclaimed and completely wiped clearn within 48 hours (2 days).
Your use of AmpNode Services is at your sole risk. AmpNode is not responsible for files and/or data stored on AmpNode servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AmpNode servers. AmpNode does not take backups of Shared hosting, Dedicated Servers or VPS's and cannot be held liable.
Clients may not use more than their burstable RAM. If a client repeatedly overloads their VPS's burstable RAM then that client will be required to upgrade to the next level up of a VPS. Using more than your burstable RAM will cause your VPS to crash. Because of AmpNode advanced monitoring systems, we will reboot your VPS for you to minimize downtime, but repeat offenders will need to upgrade to a higher level. In addition, clients using their Burstable RAM more than 80% of the time will also be required to upgrade to a higher level VPS, to help keep VPS usage fair among clients. VPS accounts may also not exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
AmpNode will maintain and control ownership of all Internet protocol ("IP") numbers and addresses that AmpNode may assign to you. AmpNode may, in its sole discretion, change or remove any and all IP numbers and addresses.
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of AmpNode must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
AmpNode shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AmpNode’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, AmpNode shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site or data from one of AmpNode’s servers. All damages shall be limited to the immediate termination of service.
AmpNode and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, AmpNode is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).
Violations of these Acceptable Use Policies should be referred to the Abuse Department. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. Failure to fully comply with the AmpNode Service Agreement or the Acceptable Use Policy may result in an immediate suspension and/or termination without any refund. There will be no refunds for advanced payments. Ampnode clients must adhere to their Ampnode Service Agreement and with this Agreement. If a client is uncertain about the terms of the Ampnode Service Agreement or this Agreement, or has any other questions about these Agreements, they should contact Ampnode via the Ampnode support portal (client area) for clarification. Ampnode reserves the right to remove/suspend any account without notice if the Ampnode Service Agreement or this Agreement is violated. If a client violates the Ampnode Service Agreement or this Agreement, Ampnode will either give the client warning, if Ampnode so chooses, or immediately terminate/delete client’s account. No warning is required.
AmpNode reserves the right to suspend or terminate the service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of AmpNode your server is the source or target of any violation of the AUP or for any other reason which AmpNode chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate AmpNode to monitor or exert editorial control over the information made available for distribution via the services. If AmpNode takes corrective action because of a possible violation, AmpNode will not refund to you any fees you paid in advance of the corrective action.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that AmpNode may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, AmpNode shall have the right to terminate all service set forth in this Agreement.
By activating your account with AmpNode, 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 may, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem. AmpNode 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.
AmpNode cannot/shall not 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. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by AmpNode and its clients. AmpNode makes NO WARRANTIES of any kind, expressed or implied for services provided. AmpNode makes NO WARRANTIES of MERCHANTABILITY or FITNESS for a particular purpose. Certain services provided by AmpNode are resold. Thus, certain equipment, routing, software and programming used by AmpNode are not directly owned or written by AmpNode Servers. Moreover, AmpNode 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 AmpNode sees fit.
IN NO EVENT WILL AmpNode, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF AmpNode IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary contained herein, AmpNode's LIABILITY to you, or any party claiming through you, FOR ANY CAUSE whatsoever, and regardless of the form of the action, is LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AmpNode FOR THE SERVICES IN THE THREE (THREE) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
By using the Services, you hereby agree to submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. By using any AmpNode services, you agree to submit to binding arbitration. If any disputes or claims arise against AmpNode or its subsidiaries, such disputes will be handled by an arbitrator of Internet and Computer Services's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Illinois. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and AmpNode alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against AmpNode in violation of this paragraph, you agree to pay AmpNode's reasonable costs and attorneys' fees incurred in connection with AmpNode’s enforcement of this paragraph.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the internal laws of the State of Illinois and/or Texas, without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or if you are listed as an SDN, you are prohibited from registering for or using the Services. In addition, you may not use any AmpNode Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.
AmpNode is not "HIPAA compliant." You are solely responsible for any required compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. AmpNode does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. You agree that AmpNode is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
AmpNode or its subsidiaries reserves the right to revise its policies at any time without notice.
This Agreement, including documents incorporated herein by reference or otherwise referred to herein, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement and such other agreements constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.