Terms of Service and Payment.
ACTWD provides World Wide
Web page hosting and Electronic Mail services. ACTWD's general policy
is to act as a neutral provider of hosting services to the global
Internet. ACTWD reserves the right to suspend or cancel a customer's
access to any or all services provided by ACTWD when ACTWD decides
that the account has been inappropriately used. ACTWD 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.
ACTWD 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.
ACTWD 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 ACTWD.
- 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, ACTWD is not
responsible for any content and exempt from any legal action that may
arise in conjunction with them.
ZERO TOLERANCE
ACTWD'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
ACTWD shall provide CUSTOMER with an
invoice by email for services rendered in accordance with the terms
and conditions set forth both herein and in Schedule A attached
hereto. It is the CUSTOMER's responsibility to assure that the
billing email address on file is accurate and up to date.
CPU and SERVER SPACE USAGE
CUSTOMER agrees that it shall not use
excessive amounts of CPU processing on any of ACTWD'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 ACTWD
without prior notice. In the event that ACTWD 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 ACTWD
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 ACTWD
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 ACTWD
without prior notice. In the event that ACTWD 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, ACTWD may elect to immediately
terminate CUSTOMER at its sole discretion without prior notice to
CUSTOMER. In the event that ACTWD 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 ACTWD
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
ACTWD, 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 ACTWD
without prior notice. In the event that ACTWD 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 ACTWD'S right to
terminate CUSTOMER immediately and without prior notice for improper
use and violations as set forth herein.
In the event that ACTWD 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 ACTWD 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 ACTWD 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 ACTWD
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 ACTWD 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 ACTWD'S LIABILITY
EXCEED THE TOTAL VALUE PAID TO ACTWD BY CUSTOMER.
REPRESENTATION AND/OR
WARRANTIES
ACTWD 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 ACTWD 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. ACTWD MAKES NO WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ACTWD BE
LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT,
SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL
ACTWD'S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN
ACTWD AND CUSTOMER.
APPLICABLE LAWS
CUSTOMER will ensure that its use of
the Internet and any service provided by ACTWD 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, ACTWD shall have the right to consider same a breach of
this Agreement by CUSTOMER which shall entitle ACTWD to terminate
CUSTOMER immediately without prior notice.
* It shall be within the sole
discretion of ACTWD 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. ACTWD shall not be liable for any
breach of security caused by CUSTOMER or third parties. IN NO EVENT
SHALL ACTWD'S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT
BETWEEN ACTWD AND CUSTOMER.
ACTWD 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 ACTWD
be responsible for this cost. .
LEGAL ACTION
CUSTOMER agrees to indemnify and hold
ACTWD harmless in any legal action which arises as a result of
CUSTOMER'S use of ACTWD 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 Pennsylvania.
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 ACTWD 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 ACTWD 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
ACTWD 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
ACTWD reserves the right
to change its policies without notice.
