Terms of Service

Content

All services provided by 26AM.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless 26AM.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any 26AM.com server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to 26AM.com servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material illegal under United States of America law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)

26AM.com will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Copyright Violations

26AM will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If 26AM's system administration team determines that an account is utilizing an unacceptable amount of system resources, 26AM may temporarily deactivate the account in question. If 26AM's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; 26AM will do all it can to assist customers prior to this scenario.

26AM.com will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Backups

26AM performs nightly backups of shared and reseller servers; however, these backups are for 26AM's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. 26AM does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on 26AM's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from a 26AM.com server or using a return email address that is maintained on a 26AM server is STRICTLY prohibited. Using SPAM to advertise a site hosted on 26AM's network also constitutes as a violation of this provision. 26AM.com will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.

For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of $250/hour for any cleanup, research, and related work from their illegal activities.

Support Abuse

At 26AM, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Server Abuse

Any attempts to undermine or cause harm to a 26AM Inc. servers or customers of 26AM Inc. is strictly prohibited.

26AM Inc. will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. 26AM will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

Cancellation

Cancellations are processed by our Billing department; To cancel an account, submit your cancellation request to Billing via email or Account Manager. To expedite your request, be sure to include the following information:

  • Primary domain name on the account
  • Answer to your selected security questions
  • Verification that you have downloaded a backup of all necessary files

The above information is required for the protection of all customers.

Failure to Follow Policies

Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to 26AM's discretion). Any accounts and/or servers contained within 26AM's network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund--and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

26AM Inc. reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.