|By setting up your account at Affordable WebDesigns, you and/or your company are bound to the terms of the following service contract.
Affordable WebDesigns Agreement for Data Storage and Transfer:
The following Agreement is by and between Affordable WebDesigns
92198 Conroy Rd.
Astoria, OR. 97103
The agreement is effective as of
Thursday, October 28 2021("Effective Date").
WHEREAS, A-Web is an information provider connected to the Internet. A-Web offers storage and transfer services over the Internet through access to its Internet Servers;
WHEREAS, Client seeks to utilize A-Web's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, A-Web can make no guarantee that any given reader shall be able to access A-Web's server at any given time. A-Web represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a three (3), six (6) or twelve (12) month contract, beginning upon the date of this contract and payment.
2. Payment plus hosting and setup charges, if any, shall be due in advance, or for money orders, fourteen (14) days after the receipt of the "Instant Account Activate" via electronic mail.
3. This agreement will automatically renew for successive three (3), six (6) or twelve (12) month periods unless canceled in writing 30 days prior to the quarterly renewal date. Client will receive an invoice for charges via electronic mail and payment is due upon receipt. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
A-Web shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or A-Web's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide A-Web with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of A-Web. A-Web shall make no effort to validate this information for content, correctness or usability.
2. Use of A-Web's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Webspace by the Client.
The following examples are offered:
Web Publishing: recommended a knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, imagemapping, etc.
FrontPage web publishing: knowledge of the FrontPage tools as well as basic Telnet and FTP understanding and capability.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
Auto-responders: a knowledge of Procmail auto-responder features, forwarding mail, use of mail clients to receive mail, etc. Dedicated Server: requires a knowledge of Unix system administration.
The Client agrees that he or she has the necessary knowledge to create their Webspace. Client agrees that it is not the responsibility of A-Web to provide this knowledge or Customer Support outside outside matter specific to A-Web's servers.
3. A-Web will exercise no control whatsoever over the content of the information passing through the network. A-Web makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. A-Web also disclaims any warranty of merchant- ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of A-Web is at the Client's own risk, and A-Web specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of avail- able end to end bandwidth. A-Web expressly limits its damages to the Client for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. A-Web specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "server-ready", A-Web may, at its option and at any time, reject this material, including but not limited to after it has been put on A-Web's server. A-Web agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of A-Web. If the Client fails to modify the material, as directed by A-Web, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
IV. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access A-Web. A-Web makes no representations, warranties or assurances that the Customer's equipment will be compatible with the A-Web service.
The Client certifies that he or she is at least 18 years of age.
VI. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of A-Web may not be used to impersonate another person or misrepresent authorization to act on behalf of others or A-Web. All messages trans- mitted via A-Web should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
VII. Reasonable Use:
The Client agrees to reasonable server CPU, memory, as well as bandwidth use to be determined by A-Web.
a) Excessive CPU usage examples - Excessive amount of CPU processing is expressly forbidden or your account will be immediately account terminated. This is valid for all customers of any of our servers.
IRC Daemons, are strictly prohibited
You cannot re-sell CGI access to other 3rd parties unless expressly used as a resold client.
You cannot send/receive Email bombs.
You cannot re-sell our counters or auto-responders or mailing lists.
You cannot run chat rooms, either Java or CGI are prohibited.
Other activities, whether lawful or unlawful, that we determine to be harmful to our subscribers, operations, or reputation. This includes activities that restrict or inhibit any other user from using the service we provide or the internet. Affordable WebDesigns will be the sole arbiter as to what constitutes a violation of this provision.
b) "Bandwidth" is defined as: The total amount of data downloaded any site on Affordable WebDesigns's servers that are within a single billing frame. For billing purposes, this is typically considered to be monthly.
"Unlimited Bandwidth" suggests that the data transfer on any site on Affordable WebDesigns's servers is not charged on a metered basis as long as the data transfer remains within reasonable expectations. Affordable WebDesigns considers 10 Gigabytes a reasonable traffic gauge for a site on its servers. Accounts whose total Bandwidth is in excess of this expectation will be addressed on an individual basis. (see "Abuse of Unlimited Traffic")
Abuse of Unlimited Traffic: Affordable WebDesigns's customers are privileged to be offered unlimited traffic for their web sites.
The intention of Affordable WebDesigns is not to provide an offsite storage area for electronic files, but to provide a large space to serve web documents. All web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Affordable WebDesigns's server, unless otherwise approved. Web sites that ar discovered to contain either/or no html documents or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Affordable WebDesigns management.
Any customer who violates Affordable WebDesigns's Policies regarding traffic abuse will be notified and given 48 hours to remedy the problem. If the problem is not resolved within this allotted period, the client will be billed for the amount of traffic over the acceptable amounts.
The following will expressly be prohibited from Affordable WebDesigns's servers unless prior approval is received:
Sites with Banners, graphics or cgi scripts running from their domain used on other domains.
Sites with picture galleries (This is any site where 50% of the files transferred are graphics)
Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads)
Sites using more than 30% of system resources.
For "Front Page 2000", "Advanced Virtual", "Professional Virtual" and "Professional Reseller" accounts, traffic will go unmonitored until you reach 10gig of traffic per month. Thereafter, the normal data transfer cost of $25.00/10GB/month will automatically be billed to your account.
Affordable WebDesigns will be the sole arbiter as to what constitutes a violation of this provision.
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Prepaid fees shall not be refunded to the Client by A-Web. Notwithstanding the above, A-Web may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of A-Web's Server is at Client's sole risk. Neither A-Web, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that A-Web's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the A-Web Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall A-Web, its offices, agents or any one else involved in creating, producing or distributing A-Web's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the A-Web Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God or Nature, communication failure, theft, destruction or unauthorized access to A-Web's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on A-Web's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use A-Web's Server for lawful purpose. Trans- mission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
Client agrees that it shall defend, indemnify, save and hold A-Web harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against A-Web, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless A-Web against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with A-Web's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on A-Web Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Worldwide Advertising, Inc. Services as specified in Section I. Financial Arrangements.
1. Client is allowed to resell the storage and transfer services provided by A-Web. Client agrees to handle and is responsible for all third-party customer's content, support, set-up and maintenance. A-Web agrees to Reseller pricing as described on the Price and Terms Sheet, provided that client has at least one other non-resold account with A-Web. Client agrees to having the necessary additional knowledge and skill level for the reselling services provided. The Client's clients shall not contact A-Web under any circumstances.
2. This Agreement is required to be signed only for the initial account at A-Web. It is automatically agreed to, or to any revisions of it, upon the renewal of A-Web services or any new account set-up for the Client.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the State of Oregon, USA.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.