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Web Hosting Service Usage
Agreement
1. Parties. This agreement is between AIS (PROVIDER) and
the party using AIS web hosting services (CLIENT).
2. Web hosting only. This agreement covers the free or limited
fee web space only. Other Internet services by
the same PROVIDER are available at
www.americaninternetservice.com and are subject to another agreement.
3. Space usage. PROVIDER will allow the specified web
space to be used by the CLIENT as long as the use is in compliance
with the policies set below.
4. Bandwidth usage. PROVIDER will not restrict the standard bandwidth
levels used by the CLIENT as long as the use is in compliance with the
policies set below.
5. Policies. CLIENT agrees to comply strictly with PROVIDERS
"Acceptable use policy"
www.americaninternetservice.com/main/aup.htm and "Copyright infringement
policy".
www.americaninternetservice.com/legal/copyright.htm. CLIENT understands that the services
are subject to immediate termination without compensation for
non-compliance with the policies. Further, CLIENT will be responsible
for the full amount of any tangible and intangible damages this may
cause. PROVIDER reserves the right to change the policies from time to
time to reflect the dynamic nature of the Internet. Both policies are
available on-line any time or as a hard copy by request only.
6. Excluded Services. Provider will not provide services and
will terminate existing services immediately without compensation if
the CLIENT's web space is involved in any of the following: adult
sites, copyrights violation, pirated software, pirated music and web
sites, whose primary business is web advertisement.
7. On-line subscription. CLIENT makes an on-line, paperless
subscription for the services. CLIENT acknowledges that all the
information he/she submits on-line is true and correct to the best of
his/her knowledge. CLIENT agrees that the act of submitting his
subscription form on-line is equivalent to his/her signature. PROVIDER
will bill according to the billing period unless a cancellation in
writing is received.
8. Price change. PROVIDER has the right to change the price of
the services to reflect a change in the cost of the service, or other
reasons. In case of price change, PROVIDER will post all changes in
fees on the web sites rate area.
9. Start of services. Services will typically start on the same
business day on PROVIDER's site. Domain registration may take longer.
10. Quality of Services. Although the PROVIDER will make the
best efforts to provide quality and uninterrupted services this is not
guaranteed. PROVIDER will not be responsible for any damages a service
interruption may cause to the Client. Furthermore PROVIDER will not
censor any content on INTERNET. It will be CLIENT's responsibility for
the usage of his account and any consequences of this usage.
11. Fees. CLIENT agrees to pay for the services setup fee,
monthly fee, heavy traffic fee (if any) and excessive space fee (if
any). The setup fee and first month fee is due in advance. PROVIDER
will notify CLIENT in advance if any heavy traffic fee and/or
excessive space fee are due.
12. Domain name registration. CLIENT agrees to pay the
registration fees for the domain(s) thereafter.
13. Termination of Services. PROVIDER reserves the right to
refuse services to anyone and to terminate existing services with 14
days advance notice for any or no reason; and without advance notice
if the CLIENT violates the clauses of this agreement. CLIENT has the
right to terminate the services at any time with a written notice sent
by mail to 1041 N Main St., Suite 249, Manteca, CA 95336, or by eMail to billing@americaninternetservice.com. Both
parties agree that there will be no monetary compensation for
terminated services regardless of the reason. No refunds. No pro-rate.
14. Late Payment. CLIENT agrees to pay a late fee on account
over 30 days late. Late fees are 5% or $5.00 (which ever is the
greater).
15. Lawful use of INTERNET. CLIENT agrees to use INTERNET in
accordance with the law and with the ethical rules established or to
be set up in the future.
16. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR
THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS,
LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS
OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF
CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY
DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY
LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR
OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE
INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS
ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
17. Indemnification. CLIENT shall indemnify, defend by counsel
reasonably accepted by PROVIDER, protect and hold PROVIDER harmless
from and against any and all claims, liabilities, losses, costs,
damages, expenses, including consultants' and attorneys' fees and
court costs, demands, causes of action, or judgments directly or
indirectly arising out of or related to the web hosting and other
services provided by PROVIDER to the CLIENT.
18. Security and Integrity of Information. Although PROVIDER
implements the latest technology for information protection there is
no guarantee that the information on Internet is absolutely secured or
never may be destroyed. CLIENT agrees to keep the PROVIDER harmless in
case of loss of information or loss of privacy.
19. Entire Agreement. This Agreement constitutes the entire
understanding and contract between the parties and supersedes any and
all prior and contemporaneous, oral or written representations,
communications, understandings and agreements between the parties with
respect to the subject matter hereof, all of which representations,
communications, understandings and agreements are hereby canceled to
the extent they are not specifically merged herein. The parties
acknowledge and agree that neither of the parties is entering into
this Agreement on the bAISs of any representations or promises not
expressly contained herein.
20. Modification. This Agreement can be modified, amended,
canceled or in any way altered, by PROVIDER at any time as laws or
necessary guidelines of conduct may change.
21. Waiver. Performance of any obligation required of a party
thereunder may be waived only by a written waiver signed by the other
party, which waiver shall be effective only with respect to the
specific obligation described therein. The waiver by either party
hereto of a breach of any provision of this Agreement by the other
shall not operate or be construed as a waiver of any subsequent breach
of the same provision or any other provision of this Agreement.
22. Severability. If any provision of this Agreement shall be
unlawful, void, or for any reason, unenforceable, it shall be deemed
severable from, and shall in no way affect the validity or
enforceability of, the remaining provisions of this Agreement, which
shall remain valid and enforceable according to its terms.
23. Governing Law. This Agreement was entered into in the State
of California and its validity, construction, interpretation and legal
effect shall be governed by the laws and judicial decisions of the
State of California applicable to contracts entered into and performed
entirely within the State of California.
24. Authority to Execute. Each of the parties to this Agreement
represents and warrants that it has full power to enter into this
Agreement and that it hasn't assigned, encumbered, or in any manner
transferred all or any portion of the claims covered by this
Agreement.
25. Benefit of Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of each of the parties hereto,
and except as otherwise provided herein, their respective legal
successors and permitted assigns.
26. Cumulative Remedies. Except as specifically provided
herein, no remedy made available to either party hereunder is intended
to be exclusive of any other remedy provided hereunder or available at
law or in equity.
27. No Partnership or Agency. Nothing in this Agreement shall
be construed as creating a joint venture, partnership, agency,
employment relationship, franchise relationship or taxable entity
between the parties, nor shall either party have the right, power or
authority to create any obligations or duty, express or implied, on
behalf of the other party hereto, it being understood that the parties
are independent contractors vis-à-vis one another.
28. No Third Party Beneficiaries. Nothing contained in this
Agreement, express or implied, shall be deemed to confer any rights or
remedies upon, nor obligate any of the parties hereto, to any person
or entity other than such parties, unless so stated to the contrary.
29. Excused Performances. Provider shall not be deemed to be in
default of or to have breached any provision of this Agreement as a
result of any delay, failure in performance or interruption of the
Services, resulting directly or indirectly from acts of God, acts of
civil or military authority, civil disturbance, war, strikes or other
labor disputes and disturbances, fire, transportation contingencies,
shortages of facilities, fuel, energy, labor or materials, or laws,
regulations, acts or order of any government agency or official
thereof, other catastrophes, or any other circumstances beyond
Provider's reasonable control. In the event of any such delay or
failure, performance of the Services shall be deferred to a date and
time mutually agreeable by the parties.
30. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.
31. Captions. The section headings and captions contained
herein are for reference purposes and convenience only and shall not
in any way affect the meaning or interpretation of this Agreement.
32. Gender. Where the context so requires, the masculine gender
shall include the feminine or neuter, and the singular shall include
the plural and the plural the singular.
33. Recitals. The recitals above set forth are incorporated
herein by reference.
34. Arbitration. Any dispute arising under this agreement shall
be resolved by binding arbitration in the county of San Joaquin,
California and under the rules of the American Arbitration
Association.
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