ALL MY WEB NEEDS – TERMS OF USE

Services provided by Allmywebneeds.com may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. To the fullest extent provided by law,the end user of said services agrees to defend, indemnify, and hold harmless Allmywebneeds.com, its affiliates, principals, contractors, officers, directors, employees and agents from all threatened or actual suits, demands, damages, losses, claims and expenses resulting directly or indirectly from the acts and/or omissions by you or any other party in connection with, or in any way related to your unauthorized use of Allmywebneeds.com’s services or violation of Allmywebneeds.com’s Terms of Use at any time.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Allmywebneeds.com’s servers, or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links include, but are not limited to:

  • pirated software
  • hacker programs or archives
  • Warez sites
  • any site that consumes more than 20% (35% for resellers) of system resources

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT MAY, AT OUR OPTION, BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY.

Following are a list of sites that will require more than 20% of our system’s resources:

  • multiple domains residing at a single IP address
  • domains with archives or galleries (i.e., .gif, .jpg, .exe, .zip, .tar, etc.)
  • domain accounts offering download files
  • In the event that your web site is found to consume more than 20% of our system’s resources (or 35% for resellers), in Allmywebneeds.com’s sole opinion, we will contact you to resolve such issues.  If an amicable resolution is not reached within 10 business days of such contact, Allmywebneeds.com reserves the right to terminate the account and impose a $50.00 cancellation fee.

Traffic usage

All account plans come with a contracted amount of traffic allowance. We monitor all accounts and bill $4.00 for each incremental gigabyteof traffic exceeding the contracted allowance. All charges for exceeding the contracted allowance are not prorated.  By way of example, $4.00 will be charged for any amount of traffic exceeding the contracted allowance, whether the amount exceeded is 1mb or 1gb.  An additional $4.00 charge will be imposed after 2 gb over the contracted allowance is exceeded, and an additional $4.00 after 3 gb is exceeded, etc.

Server abuse

Any attempt to undermine or cause harm to a server, website or customer of Allmywebneeds.com is strictly prohibited.

Refusal of service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Billing

Allmywebneeds.com invoices monthly.  Payment is due upon receipt of same, and TIME IS OF THE ESSENCE FOR ALL PAYMENTS.

You may elect to pay your invoices by (1) electronic auto pay by credit or debit card, or (2) by physical invoice.

  1. Electronic Auto Pay
    You may furnish us with a credit or debit card number to be charged for monthly services.  If you choose this option, you agree to, and authorize us to bill/charge your credit/debit card for our total invoiced amount for that month’s services.  Credit/debit cards will be billed the business day following our electronic submission of our invoice to you.  Electing electronic auto pay authorizes Allmywebneeds.com to initiate and continue automated payments through your credit/debit card.  Your authorization to do so will remain in full force unless cancelled by you in writing to Allmywebneeds.com or your financial institution.  We will send a courtesy email in the event a payment is returned for insufficient or unavailable funds.  Returned payments for insufficient or unavailable funds will be subject to a $20.00 administrative fee.  It shall be your sole responsibility to ensure that sufficient/available funds are available to satisfy all monthly invoices.
  2. Paper Invoices
    You may elect to receive and pay paper invoices.  All invoices are due and payable upon receipt.  Payments shall be by personal check, money order, or cashier’s check.  Returned payments for insufficient or unavailable funds will be subject to a $20.00 administrative fee.

Service fees

Certain services carry a set-up fee charged by Allmywebneeds.com to you, which must be paid by you in order to have use of said services. If you terminate this agreement, you will be responsible for any and all outstanding fees owed to Allmywebneeds.com and agree to pay any and all such fees. In the case that the services are provided on a monthly basis, you will be responsible for service fees incurred each month, regardless of when you provide notice of termination. Thus, for example, if you provide notice of termination on the 15th day of a particular month, you will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If you have retained the services for one year and have pre-paid Allmywebneeds.com for such services, refunds will be issued for any unused full month of the services, upon your written request.

Non-Payment

TIME IS OF THE ESSENCE FOR ALL PAYMENTS HEREUNDER.  Failure to make timely payment on any invoice submitted shall constitute a material breach of this agreement.  In the event Allmywebneeds.com must retain the services of an attorney or other agent to collect any amounts due under unpaid invoices, you agree to pay, in addition to any amounts past-due, Allmywebneeds.com’s costs of collection, including court costs, and reasonable attorneys’ fees.  In addition to the remedies provided hereunder, Allmywebneeds.com reserves the right to deactivate your account when any invoice remains unpaid 10 days after the same is due, whether such nonpayment is due to insufficient or unavailable funds, or otherwise.

Late Fees

Late payments are subject to $20 per month or 1.5% interest per month – whichever is greater.

Account deactivations

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.

Refunds

All services are non-refundable. In some special cases we will provide refunds at our own discretion. In some cases All My Web Needs re-sells services, in which case any refunds from All My Web Needs to perform work that is then submitted via a re-seller service may further depend on the re-seller’s agreement.

Limitation of liability; liquidated damages

You acknowledge and agree that, technical difficulties, including servers going offline or being unavailable, data corruption, data loss, crashes, or deletion of your website from Allmywebneeds.com’s servers are risks inherent in the business of providing technology services, and are often unforeseeable.  You also acknowledge and agree that determining any of the parties’ losses resulting from the same would be inherently difficult.  You therefore agree that Allmywebneeds.com shall not be responsible for any claims, actions, causes of action, demands, damages, including incidental and/or consequential damages, and/or lost profits or revenue, which may arise from Allmywebneeds.com’s servers going offline, being unavailable, data corruption, crashes, data loss, and/or deletion of your website from Allmywebneeds.com’s servers, or any interruption in services as a result of any of the above, or for any reason whatsoever.  In the event that Allmywebneeds.com is unable to provide services due to any server interruption, server going offline, server being unavailable for any reason whatsoever, data corruption, data loss, crashes, system down time and/or deletion of your website for a period of time of 72 hours, the parties hereto agree and Allmywebneeds.com shall be liable to you only for liquidated damages in the total amount of $250.  The parties stipulate that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience and given the nature of the losses that may result from such interruption.  In no event shall Allmywebneeds.com be responsible for any claimed damages, incidental and/or consequential damages, losses, lost profits or revenue, or claims whatsoever outside of the agreed-upon liquidated damages above.

Violations

Violations of these terms of use policies should be reported to Allmywebneeds.com by sending us a message. All complaints will be investigated promptly. Failure to follow any term or condition may be grounds for immediate account deactivation. Because Allmywebneeds.com would be irreparably damaged if the terms of this agreement were not specifically enforced, you agree that Allmywebneeds.com shall be entitled, without prejudice to any other rights of Allmywebneeds.com, bond, other security or other proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as Allmywebneeds.com may otherwise have under applicable laws.

Termination

Either party may terminate this agreement for any reason upon 15 days written notice.  In addition, Allmywebneeds.com reserves the right to immediately terminate this contract for failure to comply with any terms or conditions herein.  Account activation

By activating or reactivating your account with Allmywebneeds.com, you agree to the Terms of Use detailed herein.   A printed copy of the full Terms of Use will be provided to you upon your written request. Allmywebneeds.com reserves the right to amend any or all of the above policies, guidelines and disclaimers upon written notice to you.  In the event that the above policies are amended, we reserve the right to require your written consent to the ratification of such amended terms prior to providing future services. We also retain the right to increase any pricing and/or other changes to our account plans upon thirty (30) days written notice to you.  You will be deemed to have agreed to any changes in pricing or account plans unless you terminate your contract as provided herein.

Technical (“Tech”) Support

The term “technical support” or “tech support” in reference to services from Allmywebneeds.com is a service from an Allmywebneeds.com representative wherein content is added, edited, or removed from a web page using existing content management system functionality. This service also includes assistance with website login issues. This service does not include advertising, content writing, design, domain registration, hosting, marketing, programming, security, or any other service.

 

ACCEPTABLE USE POLICY

As a provider of web related services, Allmywebneeds.com offers its customers (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Allmywebneeds.com respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Allmywebneeds.com reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Allmywebneeds.com has developed an Acceptable Use Policy (AUP), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using our services. A customer’s use of Allmywebneeds.com services after changes to the AUP are posted on Allmywebneeds.com web site, will constitute the customer’s acceptance of any new or additional terms of the AUP resulting from those changes.

This AUP will be revised from time to time:

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Allmywebneeds.com cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Allmywebneeds.com cannot monitor or censor the Internet, and will not attempt to do so, Allmywebneeds.com cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Allmywebneeds.com does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Allmywebneeds.com’s network and may reach a large number of people, including both subscribers and non-subscribers of Allmywebneeds.com, subscribers’ postings to the Internet may affect other subscribers and may affect Allmywebneeds.com’s goodwill, business, reputation or operations. For these reasons, subscribers violate Allmywebneeds.com policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming: Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Allmywebneeds.com, but also because it can overload Allmywebneeds.com’s network and disrupt service to Allmywebneeds.com’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Allmywebneeds.com will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Futhermore Allmywebneeds.com reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Allmywebneeds.com choose to pursue and prosecute.

Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy and patents held by individuals, corporations or other entities. Also, engaging in activity that violates privacy, publicity or other personal rights of others. Allmywebneeds.com is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also Allmywebneeds.com policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials: Using Allmywebneeds.com’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Allmywebneeds.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language: Using Allmywebneeds.com’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software.

Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups: Allmywebneeds.com reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities: Engaging in activities, whether lawful or unlawful, that Allmywebneeds.com determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Allmywebneeds.com will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Allmywebneeds.com policy or applicable law. However, when Allmywebneeds.com becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Allmywebneeds.com.

Allmywebneeds.com is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Allmywebneeds.com’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Allmywebneeds.com does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Allmywebneeds.com reserves the right to directly take action against a customer of its subscribers. Also, Allmywebneeds.com may take action against the Allmywebneeds.com’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Allmywebneeds.com anticipates that subscribers who offer Internet services will cooperate with Allmywebneeds.com in any corrective or preventive action that Allmywebneeds.com deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Allmywebneeds.com policy.

Allmywebneeds.com will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Allmywebneeds.com may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Allmywebneeds.com may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Allmywebneeds.com assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Allmywebneeds.com may disclose subscriber information or information transmitted over its network where necessary to protect Allmywebneeds.com and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Allmywebneeds.com will never sell information to other services or outside companies.

Allmywebneeds.com expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Allmywebneeds.com policy. Finally, Allmywebneeds.com wishes to emphasize that, using our services, subscribers indemnify Allmywebneeds.com for any violation of the Service Agreement, law or Allmywebneeds.com policy resulting in loss to Allmywebneeds.com or the bringing of any claim against Allmywebneeds.com by any third party. This means that, if Allmywebneeds.com is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Allmywebneeds.com, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Allmywebneeds.com and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should send us a message immediately.