Prohibited are sites that promote any illegal activity or present content that may be damaging to AMWN’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 re-sellers) 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 re-sellers), in AMWN’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, AMWN reserves the right to terminate the account and impose a $50.00 cancellation fee.
All account plans come with a contracted amount of traffic allowance. We monitor all accounts and bill $4.00 for each incremental gigabyte of 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.
Any attempt to undermine or cause harm to a server, website, or customer of AMWN is strictly prohibited.
Refusal of service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
AMWN invoices monthly and/or per project. Payment is due upon receipt of an invoice, and TIME IS OF THE ESSENCE FOR ALL PAYMENTS.
You may elect to pay your invoices by (1) electronic auto-pay by ACH, credit card, or debit card, or (2) by physical check. Any physical checks must be sent to the address on the corresponding invoice.
- Electronic Auto-Pay
You may furnish us with bank account information for ACH payments or credit/debit card information to be charged for services. If you choose this option, you agree to, and authorize us to bill/charge your account for our total invoiced amount for the selected services. Accounts will be billed the same day following the electronic submission of our invoice or sales receipt to you. Electing electronic auto-pay authorizes AMWN to initiate and continue automated payments through your bank account or credit/debit card. Your authorization to do so will remain in full force unless cancelled by you in writing to AMWN 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 administrative fee. It shall be your sole responsibility to ensure that sufficient/available funds are available to satisfy all monthly payments.
- Electronic Invoices
You may elect to receive and pay electronic invoices. All invoices are due and payable upon receipt. Payments shall be by ACH, personal check, money order, or cashier’s check. Returned payments for insufficient or unavailable funds will be subject to a $20 administrative fee.
Certain services carry a set-up fee charged by AMWN 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 AMWN 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.
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 AMWN 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, AMWN’s costs of collection, including court costs, and reasonable attorneys’ fees. In addition to the remedies provided hereunder, AMWN 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 payments are subject to $20 per month or 1.5% interest per month – whichever is greater.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
All services are non-refundable. In some special cases we will provide refunds at our own discretion. In some cases AMWN re-sells services, in which case any refunds from AMWN 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 AMWN’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 AMWN 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 AMWN’s servers going offline, being unavailable, data corruption, crashes, data loss, and/or deletion of your website from AMWN’s servers, or any interruption in services as a result of any of the above, or for any reason whatsoever. In the event that AMWN 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 AMWN 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 AMWN 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.
Either party may terminate this agreement for any reason upon 15 days written notice. In addition, AMWN reserves the right to immediately terminate this contract for failure to comply with any terms or conditions herein. Account activation
The term “technical support” or “tech support” in reference to services from AMWN is defined as a service from an AMWN representative where client-provided content is added, edited, or removed from a web page using existing standard content management system functionality. Tech support includes user management such as creating/removing users and assisting a Client with website login issues for their admin account. If AMWN controls the Client’s DNS settings, then DNS updates are also covered by tech support. Tech support does not include advertising, content writing, design, domain registration, hosting, security, marketing, programming/coding, the configuration of newly installed software, configuring any 3rd party system settings, or any other service.
ACCEPTABLE USE POLICY
As a provider of web related services, AMWN 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. AMWN respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, AMWN reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, AMWN 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 AMWN services after changes to the AUP are posted on AMWN 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 AMWN 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 AMWN cannot monitor or censor the Internet, and will not attempt to do so, AMWN 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 AMWN 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 AMWN’s network and may reach a large number of people, including both subscribers and non-subscribers of AMWN, subscribers’ postings to the Internet may affect other subscribers and may affect AMWN’s goodwill, business, reputation or operations. For these reasons, subscribers violate AMWN 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 AMWN, but also because it can overload AMWN’s network and disrupt service to AMWN’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, AMWN 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 AMWN reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should AMWN 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. AMWN is required by law to remove or block access to customer content, upon receipt of a proper notice of copyright infringement. It is also AMWN policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials: Using AMWN’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. AMWN 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 AMWN’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: AMWN 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 AMWN 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. AMWN will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with AMWN policy or applicable law. However, when AMWN 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 AMWN.
AMWN is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching AMWN’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. AMWN does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. AMWN reserves the right to directly take action against a customer of its subscribers. Also, AMWN may take action against the AMWN’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, AMWN anticipates that subscribers who offer Internet services will cooperate with AMWN in any corrective or preventive action that AMWN deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of AMWN policy.
AMWN 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. AMWN may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, AMWN 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. AMWN 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, AMWN may disclose subscriber information or information transmitted over its network where necessary to protect AMWN and others from harm, or where such disclosure is necessary to the proper operation of the system. However, AMWN will never sell information to other services or outside companies.
AMWN 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 AMWN policy. Finally, AMWN wishes to emphasize that, using our services, subscribers indemnify AMWN for any violation of the Service Agreement, law or AMWN policy resulting in loss to AMWN or the bringing of any claim against AMWN by any third party. This means that, if AMWN 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 AMWN, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including AMWN 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.