Please read our following
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 or
file swappng site. It is assumed that files on your sites are
being utilized by the site, with the sole Online auctions such as
EBAY photos 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.
