Terms of Use

1. General

These Terms of Use (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by Aspen Digital Services (“Aspen”, “we” or “us”). These Terms of Use represent the whole agreement and understanding between Aspen and the individual or entity who subscribes to our service (“Member”, “Members” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY.

By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Aspen may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Aspen believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Aspen may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: https://aspendigital.net/terms-of-use. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

2. Services

Aspen offers Members domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Aspen.

Services are provided on the basis of facility and equipment availability. Aspen reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.

Access to Aspen-provided web and email servers is terminated upon expiry of the Service.

Details regarding your domain reside with your domain registrar. Where Aspen is your domain registrar, these details may be found, with login, at https://manage.opensrs.net/.

Hosting controls for your website can be found—with login—at https://elkhornhosting.com:2083.

You may contact Aspen at any time to request recovery of login information for domain and/or hosting control, insofar as Aspen has such in our possession. You may be required to provide proof of identity upon making a request for login recovery.  Aspen reserves the right to charge a credentials-recovery fee for each such request.

3. Web Hosting

For information about Aspen's hosting packages, please call (541) 403-1283.

All Aspen web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Member has recently setup their account with Aspen. The “Coming Soon” default index web page may be removed by the Member at any time once they have access to the web server. The “Coming Soon” web page may include such things as, but without limitation to, the following:

• Links to additional products and services offered by Aspen.
• Advertisements for products and services offered by third-parties.
• An internet search engine interface.

All Aspen web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on invoices received by the Member for the trial or offer. Aspen is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only valid for the term stated on invoices received by the Member for the offer. All hosting services at promotional rates will renew at the regular service rate upon expiration of the promotion.

Your hosting service will end upon expiry.

4. Email

Aspen’s email service provides customers with the capability to send and receive email via the Internet. Aspen retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.

Aspen may, at its discretion, block electronic communications from other entities on the Internet.

Aspen’s server environment is optimized to provide email and web services to many customers simultaneously.  Using Aspen’s email service to send mass email is prohibited; violations may result in account suspension.  Third-party email services are available for mass emailing, such as Constant Contact; customers who need mass-email capability may be referred to these services.  Customers who have questions about the capabilities and limits of Aspen’s email service are encouraged to contact us.

5. Usage Policies

Aspen provides Members with the 15 GB of storage and other server resources to power their websites, provided that the Member’s use of the service complies with the terms specified in this Agreement.

Members' use of Aspen server resources is not allowed to negatively or adversely affect the service experience of other Members. Aspen’s shared hosting service is designed to meet the typical needs of an average small-business or home-business website. Our services are not intended to support the greater web-hosting needs of large enterprises, or to be used as an online storage warehouse to store backups, files, emails, videos, etc., or to be used as a streaming/sharing hub. Members found to be adversely affecting the performance of other Member accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Aspen administrators and/or anti-abuse controls. These Members will then be asked to consider services tailored to sites with consistently greater needs, or to modify their usage of Aspen server resources. Serious offenses will result in the account service suspension or termination, with or without notice.

The reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice.

6. Domain Name Registration

Aspen offers domain name registration and renewal services in partnership with ICANN accredited registrar Tucows. Aspen processes registration and renewal services through this registrar at its discretion.

Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the contracted or amended renewal rate prior to expiry. Members are solely responsible for all domain-related costs. Members may choose to opt in or out of the Automatic Domain Renewal by email or phone request. If your hosting plan includes a free domain name, Aspen may automatically renew your domain name for you upon expiry as part of your hosting plan’s benefits, regardless of your Automatic Domain Renewal settings.

Aspen reserves the right to refuse to transfer a domain whose account holds a balance.

You acknowledge and agree that Aspen may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name.

By using Aspen's domain service you agree to TuCow's Master Domain Registration Agreement.

New domain-registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.

7. Service Fees / Payments / Invoices

All Aspen fees and charges are quoted and billed in US Dollars unless otherwise noted.

Aspen processes Credit Card payments through ProPay, PayPal and Stripe and accepts check payments as well. At its sole discretion, Aspen may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account. Aspen may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due per the terms stated on the invoice for the services. All fees must be paid in full.

Billing inquiries and disputes should be brought to Aspen’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Aspen reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

An account will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. In-store credit and coupons issued by Aspen are not transferable and are of no cash value.

8. Termination / Plan Change / Refund Policy

Aspen may terminate your Service under the following circumstances (non-exclusive list):

• Non-payment of fees
• You are in breach of any term or condition of this Agreement
• Your use of the Service disrupts Aspen business operations or negatively affects the other sites in the hosting environment

All Member data is removed from Aspen servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting us either through phone or email. Our contact information can be found in the footer of every page on the Aspen website.

All sales of Aspen services are final.  Members may request refunds on services by calling (541) 403-1283.   Aspen reserves the right to grant or deny any refund request.

Under no circumstances will refunds be given for one-time service fees (e.g., file recovery fees, domain redemption fees, etc.)

Under no circumstances will refunds be given on unrealized subscription-based services following account termination due to Terms of Use violations.

Domain name registrations and renewals cannot be cancelled or refunded.

Complimentary domain registrations have no cash or refund value.

9. Member Responsibility

When you apply to use Aspen services, you may be asked to select an Account Name and Password. The Account Name and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Account Name and Password you select from any unauthorized use. IN NO EVENT WILL ASPEN BE LIABLE FOR THE UNAUTHORIZED USE, OR FOR THE MISUSE, OF YOUR ACCOUNT NAME OR PASSWORD.

Members are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated by contacting Aspen.

Members are responsible for their content and security of their websites.  Except where members pay for Aspen site-backup services, Aspen does not warrant that it backs up member site content, or that backups of site content will be available for members. Members are encouraged to back up their site content, including site files, databases and email. As site backup processes are resource-demanding, backup schedules should be planned judiciously, so as not to negatively affect the hosting environment for other members, which could lead to account suspension.

10. Prohibited Conduct

Aspen does not allow the sending of unsolicited commercial email (“Spam”) through its hosting resources. Any Member engaging in the sending of Spam through the Aspen network will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with US laws—and the laws of your own country (if not the US)—at all times.

You are responsible to ensure that your use of the Service does not negatively affect Aspen’s hosting environment. Spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth capacity, and other practices may lead to account suspension.

The following is a non-exclusive list of content and behavior prohibited by the Service:

• Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Aspen account will result in immediate account suspension.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Aspen service, solution or technology.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

11. Notices

You agree that, unless other instructions are posted on Aspen’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Aspen posted on the Aspen website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

12. Privacy

The Aspen Privacy Policy can be found further below, and sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information. The Aspen Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy.

Email newsletters will only be sent directly by Aspen. Member information will not be disclosed or sold to any third parties. You may also be contacted by Aspen for customer experience and service feedback.

13. Reservation of Rights

Aspen reserves the right and sole discretion to:

• Censor any website hosted on its servers that Aspen deems inappropriate.
• Decline any request to provide hosting where Aspen deems the site's content as inappropriate.
• Increase or decrease the service rate of a given account or package at the time of renewal.
• Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
• Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Aspen or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
• Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Aspen determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
• Suspend, terminate or make adjustments to any website or account suspected of, or actually hosting, malicious or exploitative content such as viruses, malware, phishing scams, harmful programming, etc.
• Suspend the Service at any time for any duration of time when necessary, without penalty or liability to Aspen.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

14. Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Aspen makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Aspen is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Aspen.

In no event will Aspen be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

Aspen, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall Aspen be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

15. Indemnification

You agree to indemnify and hold Aspen harmless from and against, and to reimburse Aspen with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Aspen by reason of or arising out of or in connection with:

• Any breach of this Agreement by you.
• Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.
• Any illegal, pornographic, or discriminatory content on your website.
• Any use of your website for the purposes of exploiting visitors, the public, or the customers of other businesses or third parties through means of malware, viruses, other other malicious or harmful code or programming.

16. Force Majeure

Aspen will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

17. Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

18. Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the state of Oregon and the federal laws of the United States of America.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Oregon for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

19. Age of Majority

Aspen does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

20. Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

21. Entire Agreement

This Agreement, as may be updated from time to time, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.