Website Terms for Use and Services

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If you do not agree to the Terms of Use, discontinue using the site or services offered immediately! By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site or services offered. By submiting this form, you further signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site or services offered. Effective date: June 2005 Awebstore e'Solutions ("The Company") agrees to furnish Services to the Subscriber, and is subject to the following Terms Of Service(TOS). Use of Awebstore web building and maintenance service constitutes acceptance and agreement to Awebstore web building and maintainence Legal Polices including but not limited to: (Master Services Agreement MSA, Acceptable Use Policy Legal Policies and Service Level Agreement SLA for all Hosting Users) as well as Awebstore web building and maintainence TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Awebstore e'Solutions www.awebstore.com and Legal Policies (Acceptable Use Policy). All terms of the Legal Policies may be changed from time to time at the discretion of the Company. Subscriber understands that change to the Legal Policies by the Company shall not be grounds for early contract termination or non-payment of services rendered. 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 ken Freeman dba Awebstore e' Solutions sites are sold and managed. Venue will be Harrison County, Texas 1. Disclosure to Law Enforcement: The Legal Policies 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 www.awebstore.com shall have the right to terminate all services set forth in this Agreement. 2. 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. 3. 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 www.awebstore.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 www.awebstore.com and hosting accounts of www.awebstorehost.com. 4. 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 www.awebstore.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. 5. Refund and Disputes: All payments for creative custom design work or third party purchase made on behalf of the client to fulfil the web creation requirements made to Awebstore e' Solutions www.awebstore.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, concerning Awebstore web building and maintainence, then the sole discretion of what is a valid charge is found under the provisions of the TOS and/or Legal Policies. Should a dispute arise, you agree to pay Awebstore e' Solutions www.awebstore.com an "Administrative Fee" of not less then $50.00 and not more than $200.00. 6. 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. 7. Account Cancellation: Requests for cancelling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and send to: Awebstore e' Solutions www.awebstorehost.com, ATTN: Cancellations 1813 Eldorado Dr. Garland,TX 75042 The recognized and acceptible method of cancellation is via the client area section of your account. Please log into the client area section of Awebstore e' Solutions www.awebstore.com hosting administration page: (here), use your default username and password provided at the time of activating the account to gain access. Inside your CPANEL account you can request to have your server or web account cancelled there via the online cancellation form. You must have your root account user name and password information to cancel your account. 8. NOTICE: Subscriber acknowledges that the service provided is such a nature that service can be interrupted and delayed for many reasons other than the negligence or breech of contract of the Company and that damages resulting from any interruption or delay 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 charges valued at no more than 10% of the total paid by subscriber for the specific services provided during the period damages occurred. In no event, shall the Company be liable for any special or consequential damages, lost sales, lost business, loss or injury caused by use or non-use of the web site. Upon placing an order for services with Awebstore e' Solutions, the subscriber to web design and custom programming acknowledges that the service provided will be provided on an "estimated" time frame of completion. However, any changes made to a web site before its final launching date will result in extra time required to create the changes needed to complete the job. Any quoted time-frame will be adjusted without notice as necessary to complete the job. Changes outside the original scope of a job will constitute an agreed change to the original quotation and time of completion of a project. Change orders impact the final completion date. Therefore, the subscriber agrees that the company shall not be liable for any breech of contract if original time quoted or implied in a pre-site sales conversation, email, or Statement of Work, should the final completion of the project take longer than expected. 9. New Domain Accounts: *All new domain names will require a hosting account. New domains will be set up and entered into our DNS servers within 1 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 www.awebstore.com on behalf of the account holder, a handling fee of $5 per year will be incurred. 10. Transfer of Domains: New hosting accounts which have their domain located elsewhere, agree to have the domain moved to our domain registry to 11. ***Support Boundaries: Awebstore e' Solutions 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 www.awebstore.com provides support related to your server or hosting account. Awebstore e' Solutions www.awebstore.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 www.awebstore.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. 12. SPAM and Unsolicited Commercial Email (UCE): Awebstore e' Solutions www.awebstore.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 www.awebstore.com may not use or permit others to use our network to transact in UCE. Customers of Awebstore e' Solutions www.awebstore.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 web building and maintainence SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Awebstore e' Solutions www.awebstore.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Awebstore e' Solutions www.awebstore.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 www.awebstore.com may, at our sole discretion, restrict, suspend or terminate customer's account. Furthermore, Awebstore e' Solutions www.awebstore.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Awebstore e' Solutions www.awebstore.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 www.awebstore.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 www.awebstore.com network, it is advisable that Customers develop a similar, or stricter policy for their clients. 13. Network: IP Address Ownership: If Awebstore e' Solutions www.awebstore.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 www.awebstorehost.com, and Customer shall have no right to use that Internet Protocol address except as permitted by Awebstore e' Solutions www.awebstore.com in its sole discretion in connection with the Services, during the term of this Agreement. Awebstore e' Solutions www.awebstore.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Awebstore e' Solutions hosting operation www.awebstorehost.com. We reserve 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 shared 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. 14. 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 www.awebstore.com will monitor Customer's bandwidth and disk usage. Awebstore e' Solutions www.awebstore.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 www.awebstorehost.com's sole and absolute discretion. If Awebstore e' Solutions www.awebstore.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 www.awebstore.com may, at its sole discretion, collect a deposit, in an amount determined by Awebstore e' Solutions www.awebstorehost.com, against Customer's credit card on file with Awebstore e' Solutions www.awebstorehost.com. 15. System and Network Security: Users are prohibited from violating or attempting to violate the security of Awebstore web building and maintainenceNetwork. Violations of system or network security may result in civil or criminal liability. Awebstore e' Solutions www.awebstore.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. 16. Notification of Violation: Awebstore e' Solutions www.awebstore.com is under not duty to look at each customer's or user's activities to determine if a violation of the Legal Policies has occurred, nor do we assume any responsibility through our Legal Policies to monitor or police Internet-related activities. First Violation: Any User, which Awebstore e' Solutions www.awebstore.com determines to have violated any element of these Legal Policies (Legal Policies), shall receive an email, warning them of the violation. The service may be subject at Awebstore web building and maintainencediscretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. Second Violation: Users that Awebstore e' Solutions www.awebstore.com determines to have committed a second violation of any element of the Legal Policies, 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. 17. Suspension of Service or Cancellation: Awebstore e' Solutions www.awebstore.com reserves the right to suspend network access to any customer if in the judgment of the Awebstore e' Solutions www.awebstore.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 Legal Policies or for any other reason which Awebstore e' Solutions www.awebstore.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 www.awebstore.com reserves the right to amend its policies at any time. All sub-networks, resellers and managed servers of Awebstore e' Solutions www.awebstore.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. 18. Indemnification: Awebstore e' Solutions www.awebstore.com wishes to emphasize that in agreeing to the Awebstore e' Solutions www.awebstore.com hosting Legal Policies and Terms of Service (TOS), customer indemnifies Awebstore e' Solutions www.awebstore.com for any violation of the Acceptable Use Policy including alledged breech of contract claims. Legal Policies and Terms of Service (TOS) that results in loss to Awebstore e' Solutions www.awebstore.com or the bringing of any claim against Awebstore e' Solutions www.awebstore.com by any third-party. This means that if Awebstore e' Solutions www.awebstore.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. 19. 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 www.awebstore.com takes no responsibility for any material input by others and not posted to the Awebstore e' Solutions www.awebstore.com Network by Awebstore e' Solutions www.awebstorehost.com. Awebstore e' Solutions www.awebstore.com is not responsible for the content of any other websites linked to your site. Links are provided as Internet navigational tools only. Awebstore e' Solutions www.awebstore.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 www.awebstore.com is not responsible for any damages your business my suffer. Awebstore e' Solutions www.awebstore.com does not make implied or written warranties for any of our services. Awebstore e' Solutions www.awebstore.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 www.awebstore.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. 20. 9. Responsibility for Content: You, as an Awebstore web building and/or maintainence customer, you are solely responsible for the content stored on and served by your hosting provider. 21. 10. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason. 22. 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 Legal Policies Original: Posted January 1997 *Revision January 1, 2004 **Revision June 2, 2004, ***January 2005, ****June 21, 2005 *****August 17,2006
By sending this form you are accepting our most current terms and policies for site use and services offered.

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