Please read our following Terms of Service
and Payment.
Affordable Web Hosting Services provides
World Wide Web page hosting and Electronic Mail services. Affordable Web Hosting Services's
general policy is to act as a neutral provider of hosting services to
the global Internet. Affordable Web Hosting Services reserves the
right to suspend or cancel a customer's access to any or all services
provided by Affordable Web Hosting Services when Affordable Web Hosting Services
decides that the account has been inappropriately used. Affordable Web Hosting Services
also adheres to and enforces the Acceptable Use Policies created for
Usenet and the Internet as a whole.
TERMS
This Agreement between the parties
shall remain in effect between the parties unless otherwise canceled
or modified by either party in accordance with the terms and
conditions set forth herein and in Schedule
A attached hereto and made a part hereof.
Affordable Web Hosting Services
provides top quality OC-48 connection to all of our site
sites. We reserve the right to remove any site we deem inappropriate
including but not limited to sites containing adult material,
content graphics and such; militant, gang, hate, illegal activities,
slanderous/libelous sites, hacker and illegal software pirating
sites or other copyrighted materials. Sites containing inappropriate
material will be removed and no refunds provided.
Affordable Web Hosting Services
expressly forbids any server to be used for distribution,
storing, processing, linking to or otherwise handling in any way the
following:
- Illegal Material - This includes
copyrighted works, including but not limited to commercial
audio, video, or music files, and any material in violation of any
Federal, State or Local regulation.
- Adult Material - Includes all
pornography, erotic images, or otherwise lewd or obscene content.
The designation of "adult material" is left entirely to
the discretion of Affordable Web Hosting Services.
- Warez, et. al. - Includes pirated
software, ROMS, emulators, phreaking, hacking, password cracking.
IP spoofing, etc., and encrypting of any of the above. Also
includes any sites which provide "links to" or "how
to" information about such material.
In addition, Affordable Web Hosting Services
is not responsible for any content and exempt from any legal action
that may arise in conjunction with them.
ZERO TOLERANCE
Affordable Web Hosting Services's
policy concerning unsolicited e-mail and cross-posting to Usenet
newsgroups is immediate cancellation.
If you engage in any of these activities on our network, your
services will be terminated immediately, with no prior notice, and
no refunds for unused portions of service will be granted.
This policy has been developed not as a limit to network traffic,
but as an issue of Internet etiquette.
INVOICING
Affordable Web Hosting Services shall
invoice CUSTOMER for services rendered in accordance with the terms
and conditions set forth both herein and in Schedule A attached
hereto.
CPU and SERVER SPACE USAGE
CUSTOMER agrees that it shall not use
excessive amounts of CPU processing on any of Affordable Web Hosting Services'S
servers. Unauthorized Chat Scripts are prohibited as
many cause excessive drain on server resources. Any violation
of this policy may result in CUSTOMER'S immediate termination at the
sole discretion of Affordable Web Hosting Services without prior
notice. In the event that Affordable Web Hosting Services elects to
terminate CUSTOMER on this basis, CUSTOMER shall be entitled to a
refund as set forth herein.
Hosting accounts are not to be
exploited. CUSTOMER utilizing our servers agree not to
use Affordable Web Hosting Services servers as an offsite storage
facility or file repository. It is assumed that files on your sites
are being utilized by the site, with the sole Online auctions are
exempted from this policy.. Hosting plans exceeding their purchase
web space will be subject to a ct to a $20 per month surcharge for
every 20% they are over their web space. until the package is
upgraded or the files deleted. In addition, habitually going over
your webspace that results in Affordable Web Hosting Services
needing to constantly police your account may result in possible
account termination. Any violation of this policy may result in
CUSTOMER'S immediate termination at the sole discretion of Affordable Web Hosting Services
without prior notice. In the event that Affordable Web Hosting Services
elects to terminate CUSTOMER on this basis, CUSTOMER shall be
entitled to a refund as set forth herein.
BAND WIDTH USAGE
CUSTOMER agrees that BAND WIDTH usage
shall not exceed the number of megabytes per month as set forth in
Schedule "A" attached hereto. Where as 99.3% of our
customers do not have a problem where as are plans are designed not
to exceed the plan limits however, there are some who will take
advantage.
Customers who exceed their monthly bandwidth will be subject to the
following fees:
1-5 gig over limit $3.50
5-20 gig over limit $5 per gig charge
20+-gig over limit $10 per gig charge
Bandwidth usage amount are updated daily though the customers
control panel.
BULK E-MAIL AND SPAMMING
It shall not be permissible for
CUSTOMER to engage in any bulk E- mailing or use of mail servers or
mail relays (commonly referred to as "SPAMMING"). In the
event that CUSTOMER engages in such activity, Affordable Web Hosting Services
may elect to immediately terminate CUSTOMER at its sole discretion
without prior notice to CUSTOMER. In the event that Affordable Web Hosting Services
terminates CUSTOMER pursuant to this provision, CUSTOMER shall not
be entitled to a refund. Forwarding 10 unsolicited pieces of mail
within a 24 hour period shall be considered "spamming".
CUSTOMER shall be liable to Affordable Web Hosting Services for any
and all damages caused as a result of CUSTOMER'S failure to comply
with this provision.
CUSTOMER with unlimited email account
plans agrees not to sell or operate a free email service. (ie
HotMail, Yahoo Mail) ISP CUSTOMER is encouraged to call if
there is any question. In addition CUSTOMER agrees not to add and
subtract sole boxes for the purpose of spamming. Any abuse, as
determined by Affordable Web Hosting Services, of unlimited email
accounts CUSTOMER is subject to termination without notice. Any
EMAIL violations may result in the immediate termination of
CUSTOMER at the sole discretion of Affordable Web Hosting Services
without prior notice. In the event that Affordable Web Hosting Services
elects to terminate this Agreement, pursuant to this provision,
CUSTOMER shall not be entitled to a refund.
TERMINATION
Either party may terminate this
Agreement without cause upon 30 days written notice to the other
party. E-Mail shall be deemed adequate notice by either party.
Nothing in this paragraph however shall limit Affordable Web Hosting Services'S
right to terminate CUSTOMER immediately and without prior notice for
improper use and violations as set forth herein.
In the event that Affordable Web Hosting Services
elects to terminate CUSTOMER as a result of its improper acts and
breach of the terms and conditions contained herein, CUSTOMER shall
not be entitled to a refund of the balance. IN NO EVENT SHALL
CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to
terminate this Agreement, same shall be considered a breach and
CUSTOMER shall not be entitled to any refund.
In the event that Affordable Web Hosting Services
elects to terminate CUSTOMER without cause, CUSTOMER shall receive a
full refund of any balance. However, if CUSTOMER terminates this
Agreement without cause, and in accordance with the notice provision
set forth herein, there shall be NO REFUND of the Set Up Fee or any
remaining balance.
LIABILITY
CUSTOMER agrees that Affordable Web Hosting Services
shall have no liability for the services, data or information
provided to the public on the Internet including but not limited to
any liability for consequential, indirect, special or incidental
damages, regardless of the success or effectiveness of other
remedies.
CUSTOMER further agrees that Affordable Web Hosting Services
shall not be liable for any damages or losses sustained by CUSTOMER
for business or other activities conducted on the Internet including
but not limited to consequential, indirect, special or incidental
damages.
CUSTOMER agrees that it shall not
hold Affordable Web Hosting Services liable for any loss of
business, lost opportunity, consequential, indirect, special or
incidental damages as a result of any interruption in service.
IN NO EVENT SHALL Affordable Web Hosting Services'S
LIABILITY EXCEED THE TOTAL VALUE PAID TO Affordable Web Hosting Services
BY CUSTOMER.
REPRESENTATION AND/OR
WARRANTIES
Affordable Web Hosting Services makes
no representations and cannot guarantee that CUSTOMER'S domain name
does not infringe upon any trademarks, trade names, service marks or
other proprietary rights owned by a third party. CUSTOMER shall not
hold Affordable Web Hosting Services liable for any damages,
injuries or losses incurred by CUSTOMER as a result of any action
instituted by a third party.
SECURITY
CUSTOMER understands that the
Internet and other various networking communications are not secure,
unless explicitly specified as such. Affordable Web Hosting Services
MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO
EVENT SHALL Affordable Web Hosting Services BE LIABLE FOR ANY
DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR
INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL Affordable Web Hosting Services'S
LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Affordable Web Hosting Services
AND CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that its use of
the Internet and any service provided by Affordable Web Hosting Services
to it complies with all applicable federal, state and local laws and
regulations, including but not limited to all laws pertaining to
copyright, trademark, proprietary information, intellectual property
rights, defamation, tortuous interference with business, invasion of
privacy, and pornography*. In the event that CUSTOMER violates this
provision, Affordable Web Hosting Services shall have the right to
consider same a breach of this Agreement by CUSTOMER which shall
entitle Affordable Web Hosting Services to terminate CUSTOMER
immediately without prior notice.
* It shall be within the sole
discretion of Affordable Web Hosting Services to deem material as
pornographic or inappropriate.
INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for
validating the integrity of the information and data it receives or
transmits over the Internet.
ACCOUNT SECURITY
CUSTOMER shall be solely responsible
for protecting the security of its Internet account and usage.
CUSTOMER'S password shall be considered private information and
shall not be disseminated or in any other manner disclosed and/or
transferred to third parties. Affordable Web Hosting Services shall
not be liable for any breach of security caused by CUSTOMER or third
parties. IN NO EVENT SHALL Affordable Web Hosting Services'S
LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN Affordable Web Hosting Services
AND CUSTOMER.
Affordable Web Hosting Services will
use its best efforts to maintain the integrity and security of
CUSTOMER'S password.
RESALE OF WEB SPACE
CUSTOMER may resell web space within
their own account. CUSTOMER, however, shall remain solely
responsible for the entire domain site content. The same Terms of
Service Agreement shall govern any domain site resold within an
account.
DOMAIN NAME OWNERSHIP
CUSTOMER shall be responsible for all
costs and fees associated with its domain name including, but not
limited to all costs and fees for moving same. CUSTOMER shall make
payment directly to the issuer. Under no circumstances shall Affordable Web Hosting Services
be responsible for this cost. .
LEGAL ACTION
CUSTOMER agrees to indemnify and hold
Affordable Web Hosting Services harmless in any legal action which
arises as a result of CUSTOMER'S use of Affordable Web Hosting Services
services, without limitation or exception including, but not limited
to any action brought against CUSTOMER by a third party.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by
the laws of the State of Pennsylvania and jurisdiction shall lie
within the State of Pennsylvania. CUSTOMER HEREBY CONSENTS TO SUBMIT
TO THE JURISDICTION OF THE STATE OF Pennslyvania.
HEADINGS
Headings in this Agreement are for
convenience only and shall not be used to interpret or construe
these provisions.
MODIFICATION
The terms and conditions of this
Agreement may be modified at the discretion of Affordable Web Hosting Services
with 30 days notice to CUSTOMER.
ENTIRE AGREEMENT
This Agreement supersedes all
Agreements previously made between the parties pertaining to the
subject matter of this Agreement. There are no other understandings
or Agreements.
Failure to properly notify Affordable Web Hosting Services
via e-mail, telephone or regular mail of your disagreement with the
above terms and conditions will constitute CUSTOMER'S acceptance of
same.
RENEWAL
If not canceled by CUSTOMER, this
Agreement will automatically self-renew after a twelve (12) month
period for an additional twelve (12) month period.
CUSTOMER'S failure to properly notify
Affordable Web Hosting Services of its objections to any of the
terms and conditions set forth herein shall constitute CUSTOMER'S
acceptance of same.
This Agreement shall automatically
renew itself for an additional twelve month period unless otherwise
canceled or terminated by either party in accordance with the notice
provision set forth herein.
In the event this Agreement is
automatically renewed, CUSTOMER agrees to be bound by the Terms and
Conditions currently in effect
Affordable Web Hosting Services
reserves the right to change its policies without notice.
