|
Home
|
Terms
& Conditions
This
Services Agreement (the "Agreement") contains the complete
terms and conditions which govern your subscription of Web hosting,
e-Commerce and other Internet-related services provided by AAA-webhost.net
(the "Services"). As used in this
Agreement, "AAA-webhost.net" means AAA-webhost.net and "Client", "you", or "your" means
you. By clicking on the "Submit Order" button, you
acknowledge that you have read the Agreement, and you agree to its
terms and conditions and all policies posted on the AAA-webhost.net site. As referred to in this Agreement, "Site" refers to a
World Wide Web site and "AAA-webhost.net Site" refers to
the Site located at the URL http://www.AAA-webhost.net
or any other successor Sites owned or maintained by AAA-webhost.net.
You as the customer own the domain name. We
act as administrator, technical and billing. You may transfer this
domain name anywhere you like as long as it is in good standing (is
paid for).
1.
APPROPRIATE USE OF THE SERVICES.
AAA-webhost.net
provides the Services exclusively and makes no effort to
edit, control, monitor or restrict the content of data other than as
necessary to provide such Services.
Client
Content.
Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or
through Client by a third party - to any AAA-webhost.net server in connection with Client's use of the Services which:
-
violate
any state, federal or foreign laws or regulations;
-
infringe
on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of AAA-webhost.net
or any third party;
-
are
defamatory, slanderous or trade libelous;
-
are
threatening or harassing;
-
are
discriminatory based on gender, race, age or promotes hate
-
-
contain
viruses or other computer programming defects which result
in damage to AAA-webhost.net or any third party.
Bandwidth.
Client may occupy only the amount of disk space on the AAA-webhost.net
Server and utilize no more than the network
bandwidth that is allotted by AAA-webhost.net. Additional
fees, specified in the Virtual Host plans page, will be
charged for exceeding the disk space and/or network bandwidth
allowance of your selected plan.
No
"SPAM". Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists to any person
who has not given specific permission to be included in such a
process. Client also shall not engage in any unsolicited email
practices at AAA-webhost.net, or otherwise, that mentions or
reference any domain hosted on AAA-webhost.net servers or
parked on AAA-webhost.net DNS servers. NOTE: THIS POLICY
APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD
ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES
SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators
will be fined and TERMINATED
WITHOUT WARNING! Refer to our UCE
(SPAM) Policy).
Licensed
Software Only.
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
Back-Up
Files.
Client will have the ability to reinstate files which are
automatically archived by AAA-webhost.net; however, AAA-webhost.net
does not guarantee the existence, accuracy, or
regularity of its backup services or loss of site data due to
circumstances beyond our control and, therefore,
Client is
responsible for making back-up files in connection with its
use of the Services. Backup capability is available through
the Client’s Control Panel.
Termination. AAA-webhost.net reserves the right to refuse service to anyone.
AAA-webhost.net, in its sole discretion, may immediately
terminate this Agreement if Client engages in any of the
foregoing. To report any unacceptable behavior by a third
party using the Services, please contact
denver@AAA-webhost.net
.
2.
PAYMENT OBLIGATIONS
Service
Fees.
By the Tenth (10th) of each month, AAA-webhost.net shall
either (i) debit Client's credit card (where such information
is provided by Client) or (ii) deliver by e-mail an invoice to
Client in accordance with the applicable Services fees for
services rendered for the current month. Where an invoice is
delivered to Client, Client shall remit payment to AAA-webhost.net
by no later than 10 days after the specified payment
due date. AAA-webhost.net shall be entitled to immediately
terminate this Agreement for Client's failure to make timely
payments to AAA-webhost.net. Certain services carry a set-up
fee charged by AAA-webhost.net to Client that must be paid by
Client in order to have use of the Services. If Client
terminates this Agreement in accordance with Section 4
hereunder, Client shall be responsible for any outstanding
fees owed to AAA-webhost.net and agrees to pay any and all
fees incurred by Client. Because the Services are provided on
a monthly basis, Client will be responsible for Service fees
incurred each month regardless of when Client provides notice
of termination. Thus, for example, if Client provides notice
to terminate on the 15th of a particular month, Client will
still owe fees for the entire month and such fees will not be
pro-rated or refunded. If Client has retained the Services for
one (1) year and has pre-paid AAA-webhost.net for such
Services, refunds will be issued for any unused full month
month portions less one month of the Services upon Clients
request. Therefore, if Client's account is cancelled at any
point during the one (1) year term, Client will be entitled to
a refund for all but one of the full months remaining after
notice given by the 25th of the preceding month. The are no
refunds on setup fees.
Domain
Names. If
Client chooses to register a domain name(s) through AAA-webhost.net, Client acknowledges and agrees that Client will pay a
registration fee(s) to register the domain name(s). AAA-webhost.net
does not
offer refunds for domain name registrations for any reason,
including misspelling of the domain name (please check
spelling before ordering.) AAA-webhost.net
does
not guarantee successful registration or renewal of domain
names. For non successful renewals or registrations we give full refund.
RENEWALS:
We do not
guarantee that we will be able to secure or renew your domain name
after 10 days of expiration If you have allowed the domain name to
go into redemption there will be an additional cost involved
to obtain the domain name.
REFUNDS:
AAA-webhost.net
does not
offer refunds for domain name registrations for any reason,
including misspelling of the domain name. AAA-webhost.net
does
not guarantee successful registration or renewal of domain
names. For non successful registrations we give full refund.
WE DO NOT REFUND CHANGE OF MIND AFTER A DOMAIN HAS BEEN
REGISTERED. Hosting is free we do not refund for hosting
problems. If payment for a domain
name is refunded in any way THE DOMAIN NAME BECOMES PROPERTY
OF AAA-WEBHOST.NET and registrant loses all rights to further
action.
3.
CLIENT LIABILITY AND INDEMNIFICATION
The
parties agree that in no event shall AAA-webhost.net be liable
to any third party for Client's breach or alleged breach of
any of the terms and conditions set forth in this Agreement.
Client agrees to defend, indemnify and hold harmless AAA-webhost.net
from any and all expenses, losses, liabilities, damages
or third party claims resulting from Client's breach or
alleged breach of any Client obligations set forth hereunder.
4.
TERM, TERMINATION & REINSTATEMENT
Subject
to the terms and conditions hereof, this Agreement shall be
effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise
specified by separate agreement (the "Term") unless
terminated earlier pursuant to the provisions of this Section
4. Either party will have the right to terminate this
Agreement upon notice to the other party. If Client is
terminating this Agreement, Client must follow instructions
for cancellation provided on the Server
Cancellation Information page.
All cancellation requests must be received by the end of the
respective month of cancellation. Any other attempt by Client
to cancel this Agreement by written or e-mail notice shall be
void. Sections 3 - 8 shall survive termination or expiration
of this Agreement.
If
Client terminates its account, Client shall be allowed to
re-instate Client's use of the Services within Seven (7)
business days of cancellation. Client shall pay a fee of Fifty
Dollars ($50) prior to any re-instatement of Client's account.
Once payment has been received, Client's account will be
activated within Forty-Eight (48) business hours. AAA-webhost.net
will maintain an archival copy of Client's Web site for
Seven (7) days after AAA-webhost.net receives notice of
cancellation. Thereafter, Client will need to place a new
order if it wishes to subscribe to the Services.
5.
TAXES
Client
will pay and indemnify and hold AAA-webhost.net harmless from
any and all taxes associated with or arising from Client's use
of the Services, including any penalties and interest and any
costs associated with the collection or withholding thereof.
6.
DISCLAIMER OF WARRANTY
THE
SERVICES, THE AAA-webhost.net SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON
THE AAA-webhost.net SITE, AND ALL TEXT, GRAPHICS, LINKS AND
APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND
WITHOUT WARRANTY OF ANY KIND. AAA-webhost.net DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE
FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, AAA-webhost.net SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4)
THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7.
LIMITATION OF LIABILITY
IN
NO EVENT SHALL AAA-webhost.net BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, DOMAIN NAMES, PROFITS, USE OF THE AAA-webhost.net
SITE OR
ANY AAA-webhost.net PRODUCTS OR SERVICES, OR FOR ANY
INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY
PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL AAA-webhost.net
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER
THAN FIVE HUNDRED DOLLARS ($100 US).
8.
MISCELLANEOUS
Notices.
Any notices or communication under this Agreement shall be in
writing and shall be deemed delivered to the party receiving
such communication at the address specified below (1) on the
delivery date if delivered personally to the party, or a
representative of the party; (2) one business day after
deposit with a commercial overnight carrier, with written
verification of receipt; (3) five business days after the
mailing date, whether or not received, if sent by postal mail,
return receipt requested; (4) on the delivery date if
transmitted by confirmed facsimile.
If
to AAA-webhost.net:
Tawi del Bosque, SA
J.B.C. SJO #9146
2053 N.W. 79 AVE
Miami, FL 33122
If
to Client:
If
any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or rule
of law, then, that provision notwithstanding, this Agreement
shall remain in full force and effect and such provision or
portion thereof shall be deemed omitted. This Agreement
(including the Exhibits, attachments and/or addenda, if any,)
represents the entire agreement of the parties with respect of
the subject matter hereof and supersedes all prior and/or
contemporaneous agreements or understandings, written or oral
between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations
undertaken hereunder may not be transferred, assigned or
delegated in any manner by Client, but may be so transferred,
assigned or delegated by AAA-webhost.net. Any waiver or any
provision of this Agreement, or a delay by any party in the
enforcement of any right hereunder, shall neither be construed
as a continuing waiver nor create an expectation of
non-enforcement of that or any other provision or right. In
any legal proceeding between the parties under this Agreement,
the prevailing party shall be entitled to recover its costs,
expenses and reasonable attorneys' fees. This Agreement is
made under and shall be governed by the laws of the United
States of America, except with regard to it’s conflict of
law rules. This Agreement and AAA-webhost.net’s policies are
subject to change by AAA-webhost.net without notice. Continued
usage of the Services after a change to this Agreement by AAA-webhost.net
or after a new policy is implemented and
posted on the AAA-webhost.net Site constitutes your acceptance
of such change or policy. We encourage you to regularly check
the AAA-webhost.net Site for any changes or additions.
|
