3D Host agrees to furnish Services to the Subscriber, subject to the Terms of Service (TOS).

Use of 3D Host Service constitutes acceptance and agreement to 3D Host's Acceptable Use Policy (AUP) as well as 3D Host's Terms of Service (TOS, this Agreement). If ordering/using ActiveWorlds related hosting, you also constitute acceptance and agreement of Activeworlds Inc.'s Conduct Guidelines and Content Guidelines.

All provisions are subject to the TOS and AUP of 3D Host. The AUP may be changed from time to time at the discretion of the Business. Subscriber understands that change to the AUP by the Business shall not be grounds for nonpayment. Vast Nexus is the owner of 3D Host.

Illegal Activities: The AUP specifically prohibits the use of our Services for illegal activities. Therefore, Subscriber agrees that the Business may disclose any and all subscriber information including assigned Internet Protocol (IP) addresses, account history, account use, etc. to any law enforcement or government agent who makes a written request without further consent or notification to the client. In addition 3D Host shall have the right to terminate all Service set forth in this Agreement.

Rates: Subscriber acknowledges that the nature of the Service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Business may prospectively change the specified rates and hosting accounts from time to time on its Web site. Any Subscriber who has signed up at a certain monthly pricing rate and hosting specification size will remain on that pricing/specification for a time period of at least six months from signup. Of course, you may upgrade to a new hosting offer during this time, if required. Our advertised hosting plans may increase or decrease in price at anytime depending on the current market.

Payment: Establishment of this Service is dependent upon receipt by the Business of payment of stated charges. Subsequent payments are due on the anniversary date of the month depending of course on how often the account is billed, i.e. the plan billing schedule. The above applies to all hosting accounts/services provided by 3D Host.

Payments & Fees: Service will be interrupted on accounts that reach seven days past due without a response from that client with an explanation of the billing problem (each case will be evaluated and this period could be as long as thirty days without interruption) Accounts that are not collectable by 3D Host may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Business a "Processing and Collection" Fee of not less than $5.00 USD nor more than $50.00 USD.

Refund & Disputes: If during the first thirty (30) days as a 3D Host Subscriber, we do not provide the Services we offer to a satisfactory level of uptime, you can cancel your account and we will refund your money in full for that month's Service if the reason is VALID. This constitutes our "money back" guarantee. Not being bothered to use a hosting account or being unable to change your domain name servers (DNS) on your domain name will not be considered valid reasons for a refund. Basically refunds will ONLY be given for a sub standard percentage of uptime or server performance provided by us. Note: Any domain name purchased at our site is final. Domain registrations will not be refunded.

Failure to Pay: The Business may temporarily deny Service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus any collection fees involved.

Account Cancellation: All requests to cancel accounts can be sent to us via e-mail here.
You must provide all account information to cancel (including full name, hosting plan, etc). Hosting clients must contact us and request to cancel. No refunds for month(s) of hosting will be given on accounts that the client has decided they were not using the account anymore and should not of had to pay for those months. It is your responsibility to cancel your hosting account if its no longer required or being used by yourself, not ours. Subscriber will not be refunded for months were you did not cancel (using the account or not). However, certain discounts may be applied to other Service types Business provides on a case-by-case basis. All accounts canceled will receive a cancellation confirmation e-mail within twenty-four (24) to forty-eight (48) hours.

Subscriber acknowledges that the Service provided is of such a nature that Service can be interrupted for many reasons other than the negligence of the Business and that damages resulting from any interruption of Service are difficult to ascertain. Therefore, Subscriber agrees that the Business shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Business. Subscriber further acknowledges that the Business's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for Services during the period damages occurred. In no event shall the Business be liable for any special or consequential damages, loss or injury. Subscriber acknowledges that 3D Host can cancel your account at anytime and/or stop providing its Services to you. Examples of this would be threats, blackmail, spamming, mailbombing, slander, fraud and/or offensive behavior.

Refusal of Service: 3D Host reserves the right to refuse, cancel, refund or suspend client's hosting Service at our sole discretion.

Support Boundaries: 3D Host provides technical support to Subscriber. We limit our technical support to our area of expertise and our own Services. The following guidelines apply when providing support: 3D Host provides support related to your hosting type. 3D Host may or may not offer technical support for application specific issues such as CGI programming, PHP scripts, or any other such issue. 3D Host may or may not offer technical support regarding third-party software. We encourage you to contact us for assistance. If you have questions, the answers may already be in our FAQ -- we encourage you to check there first before contacting us.

SPAM and Unsolicited Commercial E-mail (UCE): 3D Host takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM using our server(s). Very simply this means that customers of 3D Host may not use or permit others to use our server(s) to transact in UCE. Subscribers of 3D Host may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of Service. Spam e-mail sent from other servers that includes your domain or subdomain on our server is regarded as spamming from our server and there is no difference. Serious spam complaints will result in the offending domain name being deleted at once. Quite simply, do not send spam e-mail from our server or anyone else's server.

Violation of 3D Host's SPAM policy will result in severe penalties: Upon notification of an alleged violation of our SPAM policy, 3D Host will initiate an immediate investigation (within twenty-four to forty-eight hours of notification). During the investigation, 3D Host may restrict customer access to the server to prevent further violations. If a customer is found to be in violation of our SPAM policy, 3D Host may, at its sole discretion, restrict, suspend or terminate customer's account. 3D Host will notify law enforcement officials if the violation is believed to be a criminal offense.

Server Backups: 3D Host Web server backups can only restore the entire server data at once, i.e. a total hard drive. Web server backups are run nightly. We cannot guarantee that we can restore single files that you have deleted by accident. It is always best to keep a fresh backup of your Web site, MySQL databases, etc. on your own computer no matter where you host your Web site. ActiveWorlds world server backups are done every twelve (12) hours, or twice (2) daily, and manually at least once (1) per week. While we try our best to protect your data, we cannot be held liable for any data loss.

IP Address Ownership: If 3D Host assigns Subscriber an Internet Protocol (IP) address for Subscriber's use, the right to use that Internet Protocol address shall belong only to 3D Host, and Subscriber shall have no right to use that Internet Protocol address except as permitted by 3D Host in its sole discretion in connection with the Services, during the term of this Agreement. 3D Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by 3D Host, and 3D Host reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.