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When using the Service provided by awebiz.com, (hereafter awebiz.com) defined below in Section 1.1, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
awebiz.com reserves the right to alter, ammend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current awebiz.com client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
1. Service
1.1. awebiz.com provides Website Hosting services, including, but not limited to, Diskspace for File Storage; FTP Access for uploading and downloading files to and from your assigned account.
1.2. Any means of identification assigned to you by awebiz.com (including username and IP address) will remain the property of awebiz.com. awebiz.com reserves the right to alter or replace these forms of identification at any time.
1.3. awebiz.com makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. awebiz.com reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below in Section 3, Client certifies to awebiz.com that he/she is not a minor. By accepting this Agreement, you represent that you are at least 18 years of age.
2.2. You agree to provide awebiz.com with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to awebiz.com within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 11. If any information provided by you is inaccurate, not current or incomplete, awebiz.com retains the right to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects awebiz.com to liability; or is in any violation of the awebiz.com Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that awebiz.com simply acts as a passive conduit for the distribution and transmission of data.
4.2. You may not resell multi hosted accounts.
4.3. You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of awebiz.com.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; violation of U.S. or International export restrictions; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; and other intellectual property rights.
5.2. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.
5.5. Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server.
5.7. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; pornography; nudity; sexually explicit or offensive material; and defamatory, scandalous, or private information about a person without their consent.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. awebiz.com WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. awebiz.com WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.
6. Fees
6.1. Setup fees (where applicable) are non-refundable. awebiz.com does not issue refunds for fees paid in advance or for fees and/or payment made towards your account after the first 15 days of Service.
6.2. Current pricing for awebiz.com services may be obtained by sending an email to: billing@awebiz.com
awebiz.com reserves the right to change prices, rates and/or institute new charges/fees at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to awebiz.com for insufficient funds.
6.4. Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of awebiz.com.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, awebiz.com RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS.
awebiz.com may, at its sole discretion, charge a fee of US 20.00 or greater to reinstate a suspended account.
6.5. If you believe that awebiz.com has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old.
7. Discaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. awebiz.com does not warrant that the Service will be uninterrupted or error-free. awebiz.com makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through awebiz.com. No advice or information given by awebiz.com, its employees, affiliates or contractors shall create a warranty.
7.2. awebiz.com shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is soley your responsibility to evaluate the accuracy, quality, completeness, and usefullness of all opinions, advice, services, and other information provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 11.
8.2. Under no circumstances shall awebiz.com, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your reliance on or use of information, services or merchandise provided on or through the Service or that result from mistakes, ommissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
9. Idemnity
You agree to defend, indemnify, and hold awebiz.com and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined in Section 11 of this Agreement. Your termination will only be complete upon your receipt of a confirmation number from awebiz.com. You will recieve this confirmation number either via Electronic Mail. Charges to your account will stop accruing the day you recieve your confirmation number. awebiz.com will not issue refunds for fees paid in advanced or for accounts that have been activated and passed the 15 Day Money Back Guarantee mark.
10.2. awebiz.com may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement including, but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges within 10 days of the date they accrue.
10.3. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
10.4. Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement, awebiz.com retains the right to enforce these provisions regardless of account status.
11. Closing an Account
11.1. You may close your account by one of the following methods:
Send request via fax to 208-979-9846
Send request via e-mail C/O "Billing Department" at: billing@awebiz.com
The request must meet the following criteria:
Include your account information
(domain name, username, IP address, and password)
Reference your Order/Authorization Number you recieved with your first reciept of payment. Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Sacramento, California, USA, with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you and awebiz.com. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred.
This Terms of Service Agreement constitutes the entire Agreement between you and awebiz.com with respect to the Service. |
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