Awebstore e'Solutions Hosting www.awebstorehost.com ("The Company") agrees to furnish Services to the Subscriber, and is subject to the following Terms Of Service(TOS).
Use of Awebstore Host's service constitutes acceptance and agreement to Awebstore Host's AUP(Acceptable Use Policy) as well as Awebstore Host's TOS(Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Awebstore e'Solutions Hosting www.awebstorehost.com and AUP (Acceptable Use Policy). This AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harrison applicable to contracts enforceable in that state where the hosting of all Awebstore e' Solution sites are sold and managed. Venue will be Harrison County, Texas
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including the assigned IP numbers, account history, account use, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition, Awebstore e'Solutions Hosting www.awebstorehost.com shall have the right to terminate all services set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's of service. All accounts and services provided by Awebstore e'Solutions Hosting www.awebstorehost.com are subject to the current tax rate as imposed by the City of Marshall, State of Texas which is currently 8.25%. The above applies to all accounts and services provided by Awebstore e'Solutions Hosting www.awebstorehost.com.
Payments and Fees: Credit cards that are declined for any reason are subject to a $5.00 declination fee. Paypal subscriptions that are also declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interruption for non-payment is subject to a $200 re-connect charge. Accounts not paid by the due date are subject to a $25.00 late fee. Accounts that are not collectable by Awebstore e'Solutions Hosting www.awebstorehost.com may be turned over to an outside collection agency. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50.00 nor more than $200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to Awebstore e'Solutions Hosting www.awebstorehost.com are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer, in Awebstore Host's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Awebstore e'Solutions Hosting www.awebstorehost.com an "Administrative Fee" of not less then $50.00 and not more than $200.00.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when they are due. Such termination or denial will not relieve the Subscriber's responsibility for payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and send to:
Or you may call (214) 703-0505 to cancel your account.
The preferred method of cancellation is via the client area section of your account. Please log into the client area section of Awebstore e'Solutions Hosting www.awebstorehost.com (here) and you can request to have your
server or account cancelled there via the online cancellation form.
You must have all account information to cancel.
Subscriber acknowledges that the service provided is such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of services are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to the charges payable by subscriber for services during the period damages occurred. In no event, shall the Company be liable for any special or consequential damages, loss or injury.
New Domain Accounts: *All new hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, the process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Awebstore e'Solutions Hosting www.awebstorehost.com on behalf of the account holder, a handling fee will be incurred.
Transfer of Domains: New hosting accounts which involve the transfer of a domain from another provider to Awebstore e'Solutions Hosting www.awebstorehost.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such as transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Awebstore e'Solutions Hosting www.awebstorehost.com on behalf of the account holder, a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
***Support Boundaries: Awebstore e'Solutions Hosting www.awebstorehost.com,
provides 24 x 7 technical support to our Subscribers (except for a few holidays and short company meetings when we close our center). Our support is specific to the hosting of your site
and email support. We limit our technical support to our specific area of expertise. While we will find support answers for you we are not availble to service technical support for .
The following is our guidelines when providing support: Awebstore e'Solutions Hosting www.awebstorehost.com provides support related to your server or hosting account.
Awebstore e'Solutions Hosting www.awebstorehost.com does NOT offer technical support for applications specific issues such as custom CGI/PHP programming, html or any other such issue.
Awebstore e'Solutions Hosting www.awebstorehost.com does NOT provide technical support for YOUR customers, your THIRD PARTY INSTALLED SOFTWARE APPLICATIONS (X-cart,Storyteller, Website Tonight, Website Complete, EktonCMS, OSCommerce, Invision Bulletin Board, PHPChat, OpenRealty etc.) If you can email, we encourage you to email
support@awebstore.com for assistance. If you are able to get online and have other questions,
the answers may be in our forums page here - we encourage you to check there first. Lastly, the help files in the program you are using may have the answer to your question, so please do the investigate these resources before calling our technical support team or by submitting a trouble ticket.
All support related issues need to have a trouble ticket submitted. This can be done from the clients area here.
SPAM and Unsolicited Commercial Email (UCE): Awebstore e'Solutions Hosting www.awebstorehost.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply put, this means that customers of Awebstore e'Solutions Hosting www.awebstorehost.com may not use or permit others to use our network to transact in UCE. Customers of Awebstore e'Solutions Hosting www.awebstorehost.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension and termination. Violations of this policy carry severe penalties, including termination of all services. In order to prevent unnecessary blacklisting due to spam, we reserve the right to occasionally sample bulk email being sent from servers.
Violation of Awebstore Host's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Awebstore e'Solutions Hosting www.awebstorehost.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Awebstore e'Solutions Hosting www.awebstorehost.com may restrict customer access to the network to further prevent violations. If a customer is found to be in violation of our SPAM policy, Awebstore e'Solutions Hosting www.awebstorehost.com may, at our sole discretion, restrict, suspend or terminate customer's account. Furthermore, Awebstore e'Solutions Hosting www.awebstorehost.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Awebstore e'Solutions Hosting www.awebstorehost.com will notify law enforcement officials if the violation is believed to be a criminal offense.
**First violation of this policy will result in an "Administrative Fee" of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00 per hour that Awebstore e'Solutions Hosting www.awebstorehost.com personnel must spend to investigate the matter. PLEASE DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the Awebstore e'Solutions Hosting www.awebstorehost.com network, it is advisable that Customers develop a similar, or stricter policy for their clients.
Network:
IP Address Ownership: If Awebstore e'Solutions Hosting www.awebstorehost.com assigns Customer an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to Awebstore e'Solutions Hosting www.awebstorehost.com, and Customer shall have no right to use that Internet Protocol address except as permitted by Awebstore e'Solutions Hosting
www.awebstorehost.com in its sole discretion in connection with the Services, during the term of this Agreement.
Awebstore e'Solutions Hosting www.awebstorehost.com shall maintain and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by Awebstore e'Solutions Hosting www.awebstorehost.com, and Awebstore e'Solutions Hosting www.awebstorehost.com
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's new policies. These new 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 address that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Awebstore e'Solutions Hosting www.awebstorehost.com will monitor Customer's bandwidth and disk usage. Awebstore e'Solutions Hosting www.awebstorehost.com shall have the right to take corrective action if the Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Awebstore e'Solutions Hosting www.awebstorehost.coms's sole and absolute discretion. If Awebstore e'Solutions Hosting www.awebstorehost.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Awebstore e'Solutions Hosting www.awebstorehost.com may, at its sole discretion, collect a deposit, in an amount determined by Awebstore e'Solutions Hosting www.awebstorehost.com, against Customer's credit card on file with Awebstore e'Solutions Hosting www.awebstorehost.com.
System and Network Security: Users are prohibited from violating or attempting to violate the security of Awebstore Host's Network. Violations of system or network security may result in civil or criminal liability. Awebstore e'Solutions Hosting www.awebstorehost.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
*Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
*Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
**Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
Awebstore e'Solutions Hosting www.awebstorehost.com is under not duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First Violation: Any User, which Awebstore e'Solutions Hosting www.awebstorehost.com determines to have violated
any element of this Acceptable Use Policy
(AUP),
shall receive an email, warning them of the violation.
The service may be subject at Awebstore Host's discretion to a temporary suspension pending a User's agreement
in writing, to refrain from any further violations.
Second Violation: Users that Awebstore e'Solutions Hosting www.awebstorehost.com determines to have committed a
second violation of any element of the Acceptable Use Policy
(AUP),
shall be subject to immediate suspension or termination of service without further notice.
**We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is causing great harm to parties on the Internet. In particular,
if open relays are on your network or a customer's network, or if a denial-of-service attacks are originating
from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this,
we will contact you as soon as it is feasible.
Suspension of Service or Cancellation:
Awebstore e'Solutions Hosting www.awebstorehost.com reserves the right to
suspend network access to any customer if in the judgment of the Awebstore e'Solutions Hosting
www.awebstorehost.com network administrators the customer's server or service is the source or
target of the violation of any of the other terms of the
AUP
or for any other reason which Awebstore e'Solutions Hosting www.awebstorehost.com chooses.
If inappropriate activity is detected, all accounts of the Customer in question will be de-activated
until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The Customer will not be credited for the time
the customer's service were suspended.
Awebstore e'Solutions Hosting www.awebstorehost.com reserves
the right to amend its policies at any time. All sub-networks, resellers and managed servers of
Awebstore e'Solutions Hosting www.awebstorehost.com must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate Cancellation.
You will be held responsible for the actions of your clients in the matter described on these Terms and Conditions.
Therefore, it is in your best interest to implement a similar, or stricter
Terms and Conditions, or otherwise called Acceptable Terms of Use Policy.
Indemnification:
Awebstore e'Solutions Hosting www.awebstorehost.com wishes to emphasize that in agreeing to the
Awebstore e'Solutions Hosting www.awebstorehost.com Acceptable Use Policy
(AUP)
and Terms of Service (TOS), customer indemnifies Awebstore e'Solutions Hosting www.awebstorehost.com
for any violation of the Acceptable Use Policy
(AUP)
and Terms of Service (TOS) that results in loss to Awebstore e'Solutions Hosting www.awebstorehost.com
or the bringing of any claim against Awebstore e'Solutions Hosting www.awebstorehost.com by any third-party.
This means that if Awebstore e'Solutions Hosting www.awebstorehost.com is sued because of a customer's or customer
of a customer's activity, the customer will pay all damages awarded against Awebstore e'Solutions
Hosting www.awebstorehost.com, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. Email, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves the right to cancel customers rights under this contract at any time without further obligation.
Awebstore e'Solutions Hosting www.awebstorehost.com takes no responsibility for any material input by others and not posted to the Awebstore e'Solutions Hosting www.awebstorehost.com Network by Awebstore e'Solutions Hosting www.awebstorehost.com. Awebstore e'Solutions Hosting www.awebstorehost.com is not responsible for the content of any other websites linked to Awebstore Host's Network. Links are provided as Internet navigational tools only. Awebstore e'Solutions Hosting www.awebstorehost.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Awebstore e'Solutions Hosting www.awebstorehost.com is not responsible for any damages your business my suffer. Awebstore e'Solutions Hosting www.awebstorehost.com does not make implied or written warranties for any of our services. Awebstore e'Solutions Hosting www.awebstorehost.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Awebstore e'Solutions Hosting www.awebstorehost.com or its suppliers.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server accounts, Reseller accounts, or shared hosting accounts. Any of these services are found hosting this material will be subject to immediate cancellation without refund.
9. Responsibility for Content: You, as Awebstore Host's customer, are solely responsible for the content stored on and served by your Awebstore e'Solutions Hosting www.awebstorehost.com service.
10. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
11. REVISIONS TO THIS TERMS OF SERVICE POLICY
Awebstore reserves the right to revise, amend, or modify this page, our TOS(Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS(Terms of Service).
Original: Posted January 1997 *Revision January 1, 2004 **Revision June 2, 2004, ***January 2005
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Customer Cancellation of a Hosting account
Cancelling your service is simple. Use this cancellation form Your site will be immediately terminated and removed from
our server upon validation of your intent to cancel. This required validation protects you from someone else cancelling your account.
