Terms of Use

These Terms of Use govern your use of services provided by All My Web Needs, LLC (“AMWN,” “All My Web Needs,” “we,” “our,” or “us”). By using our website, submitting information to us, communicating with us, activating or reactivating an account, or using any AMWN service, you agree to these Terms of Use.

Services provided by AMWN 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.

SMS Terms and Conditions

AMWN may use SMS/text messaging to communicate with clients, prospective clients, leads, and users who have opted in to receive text messages from us.

Description of SMS use cases

By opting in to receive SMS/text messages from AMWN, you may receive messages related to one or more of the following:

Responses to inquiries submitted through our website or other contact methods
Appointment confirmations, reminders, and scheduling updates
Project updates and service-related communications
Follow-up messages related to services you requested
Customer support communications
Account, billing, or administrative notices
Website, marketing, advertising, hosting, or digital service updates related to your relationship with AMWN
Promotional or marketing messages, only where permitted and where you have provided appropriate consent

SMS message frequency may vary depending on your relationship with AMWN, your requests, and the services being provided.

Optout instruction

You may opt out of receiving SMS/text messages from AMWN at any time by replying “STOP” to any text message from us.

After you reply “STOP,” we may send a confirmation message to confirm that you have been unsubscribed. After that, you should no longer receive SMS/text messages from us unless you opt in again.

You may also reply “HELP” for help or contact us directly using the customer support contact information below.

Customer support contact

For help with SMS/text messages or any AMWN service, please contact All My Web Needs through our website contact form or by using the contact information provided on our website.

You may also reply “HELP” to a text message from AMWN for SMS-related assistance.

Message and data rates

Message and data rates may apply to SMS/text messages sent to or from AMWN. Charges are determined by your mobile carrier and mobile plan. AMWN is not responsible for any messaging or data charges that may apply.

Carrier liability disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

Delivery of SMS/text messages is subject to effective transmission from your mobile carrier and may be affected by your carrier, network availability, device settings, service interruptions, or other factors outside AMWN’s control.

Age restrictions

You must be at least 18 years old to use AMWN’s services, submit information to us, or opt in to receive SMS/text messages from AMWN.

By using our services or opting in to SMS/text messages, you represent that you are at least 18 years of age.

Link to privacy policy

Your use of AMWN’s website, services, and SMS/text messaging is also governed by our Privacy Policy. Please review our Privacy Policy here: Privacy Policy.

Lawful Use of Services

This includes, but is not limited to:

Copyrighted material used without proper authorization
Material we judge to be threatening or obscene
Material protected by trade secret or other law
Illegal files, software, content, or activity
Any material or activity that violates these Terms of Use

To the fullest extent provided by law, the end user of AMWN services agrees to defend, indemnify, and hold harmless AMWN, 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 your acts or omissions, unauthorized use of AMWN’s services, or violation of these Terms of Use.

Prohibited Content and Activities

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

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

Pirated software
Hacker programs or archives
Warez sites
Illegal MP3 files or other illegal media files
Content that infringes intellectual property rights
Any site, account, or activity that consumes excessive system resources
Any content, files, or activity that AMWN determines may be harmful to its systems, clients, reputation, or services

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 MAY APPLY.

Resource Usage

Sites or accounts that require excessive system resources may be subject to review, restrictions, additional charges, suspension, or termination.

Examples of sites that may require excessive resources include:

Multiple domains residing at a single IP address
Domains with archives or galleries, including files such as .gif, .jpg, .exe, .zip, .tar, or similar files
Domain accounts offering downloadable files
Any site or account that consumes more than 20% of system resources, or 35% for resellers

If your website is found, in AMWN’s sole opinion, to consume excessive system resources, AMWN may contact you to resolve the issue. 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.

Traffic Usage

All account plans come with a contracted amount of traffic allowance. AMWN monitors accounts and may bill $4.00 for each incremental gigabyte of traffic exceeding the contracted allowance.

Charges for exceeding the contracted allowance are not prorated. By way of example, $4.00 may be charged for any amount of traffic exceeding the contracted allowance, whether the amount exceeded is 1 MB or 1 GB. Additional charges may be imposed for each additional gigabyte or portion thereof over the contracted allowance.

Server Abuse

Any attempt to undermine, disrupt, damage, or cause harm to a server, website, network, service, system, or customer of AMWN is strictly prohibited.

AMWN reserves the right to take preventive or corrective action, including suspension or termination of services, if server abuse is suspected or discovered.

Refusal of Service

AMWN reserves the right to refuse, cancel, suspend, or terminate service at its sole discretion.

Billing

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 invoices by:

Electronic auto-pay by ACH, credit card, or debit card; or
Physical check sent to the address on the corresponding invoice.

Electronic Auto-Pay

You may furnish AMWN with bank account information for ACH payments or credit/debit card information to be charged for services.

If you choose electronic auto-pay, you agree to and authorize AMWN to bill or charge your account for the total invoiced amount for selected services. Accounts may be billed the same day following electronic submission of an invoice or sales receipt.

Electing electronic auto-pay authorizes AMWN to initiate and continue automated payments through your bank account or credit/debit card. Your authorization will remain in full force unless canceled by you in writing to AMWN or your financial institution.

AMWN may 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 is your sole responsibility to ensure that sufficient and available funds are available to satisfy all payments.

Electronic Invoices

You may elect to receive and pay electronic invoices. All invoices are due and payable upon receipt. Payments may be made by ACH, personal check, money order, cashier’s check, credit card, debit card, or another method accepted by AMWN.

Returned payments for insufficient or unavailable funds will be subject to a $20 administrative fee.

Service Fees

Certain services carry a set-up fee charged by AMWN to you, which must be paid by you in order to use those services.

If you terminate services, you remain responsible for any and all outstanding fees owed to AMWN and agree to pay all such fees.

If services are provided on a monthly basis, you are responsible for service fees incurred each month, regardless of when you provide notice of termination. For example, if you provide notice of termination on the 15th day of a particular month, you are responsible for service fees for the entire month, and such fees will not be prorated or refunded.

Non-Payment

Time is of the essence for all payments. Failure to make timely payment on any invoice submitted by AMWN constitutes a material breach of these Terms of Use.

If AMWN must retain the services of an attorney or other agent to collect unpaid amounts, you agree to pay, in addition to any past-due amounts, AMWN’s costs of collection, including court costs and reasonable attorneys’ fees.

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 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 may require a reactivation fee of $20.00 prior to reactivation.

Refunds

All services are non-refundable. In some special cases, AMWN may provide refunds at its sole discretion.

In some cases, AMWN resells services. Any refund from AMWN for work or services submitted through or dependent on a reseller service may further depend on the reseller’s agreement, policies, and refund terms.

Limitation of Liability; Liquidated Damages

You acknowledge and agree that technical difficulties, including servers going offline or being unavailable, data corruption, data loss, crashes, deletion of your website from AMWN’s servers, software issues, communication delays, third-party platform issues, or interruption in services are risks inherent in the business of providing technology services and are often unforeseeable.

You also acknowledge and agree that determining losses resulting from such events would be inherently difficult.

You therefore agree that AMWN shall not be responsible for any claims, actions, causes of action, demands, damages, including incidental or consequential damages, lost profits, lost revenue, or losses that may arise from servers going offline, services being unavailable, data corruption, crashes, data loss, deletion of your website from AMWN’s servers, SMS delivery failures, communication delays, third-party system failures, or any interruption in services for any reason whatsoever.

In the event AMWN is unable to provide services due to server interruption, a server going offline, server unavailability, data corruption, data loss, crashes, system downtime, deletion of your website, or a similar service interruption for a period of 72 hours, the parties agree that AMWN shall be liable to you only for liquidated damages in the total amount of $250.

The parties stipulate that this agreed-upon sum is not a penalty, but rather a reasonable measure of damages based upon the parties’ experience and the nature of the losses that may result from such interruption.

In no event shall AMWN be responsible for any claimed damages, incidental or consequential damages, losses, lost profits, lost revenue, or claims whatsoever outside of the agreed-upon liquidated damages above.

Violations

Violations of these Terms of Use should be reported to AMWN 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, suspension, or termination.

Because AMWN would be irreparably damaged if these Terms of Use were not specifically enforced, you agree that AMWN shall be entitled, without prejudice to any other rights of AMWN and without bond, other security, or other proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as AMWN may otherwise have under applicable law.

Termination

Either party may terminate services or an agreement for any reason upon 15 days’ written notice, unless otherwise stated in a separate written agreement.

AMWN reserves the right to immediately terminate services or an agreement for failure to comply with any term or condition herein.

Account Activation

By activating or reactivating your account with AMWN, you agree to these Terms of Use.

A printed copy of the full Terms of Use will be provided to you upon written request.

AMWN reserves the right to amend any or all of the above policies, guidelines, and disclaimers upon written notice to you or by posting updated terms. If these Terms of Use are amended, AMWN reserves the right to require your written consent to the amended terms before providing future services.

AMWN also retains the right to increase pricing or make other changes to 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 Support

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 or removing users and assisting a client with website login issues for their admin account. If AMWN controls the client’s DNS settings, DNS updates are also covered by tech support.

Tech support does not include advertising, content writing, design, domain registration, hosting, security, marketing, programming/coding, configuration of newly installed software, configuring third-party system settings, or any other service unless expressly agreed to in writing.

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 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 competing interests are at issue, AMWN reserves the right to take preventive or corrective actions.

This Acceptable Use Policy 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 AMWN services.

A customer’s use of AMWN services after changes to this Acceptable Use Policy are posted on AMWN’s website will constitute the customer’s acceptance of any new or additional terms resulting from those changes.

Internet Content and Responsibility

No one party owns or controls the Internet. This fact accounts for much of the Internet’s openness and value, but it also places a premium on the judgment and responsibility of those who use it.

When subscribers obtain information through the Internet, they must keep in mind that AMWN cannot monitor, verify, warrant, or vouch for the accuracy or quality of information they acquire. Subscribers must exercise their best judgment in relying on information obtained from the Internet and should be aware that some material posted to the Internet may be sexually explicit, offensive, inaccurate, or illegal.

Because AMWN cannot monitor or censor the Internet, and will not attempt to do so, AMWN cannot accept responsibility for injury to subscribers resulting from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they must keep in mind that AMWN does not review, edit, censor, or take responsibility for information its subscribers create. Users who place information on the Internet have the same liability as other authors for copyright infringement, defamation, and other harmful speech.

Because information created by subscribers may be carried over AMWN’s network and may reach both subscribers and non-subscribers, subscriber postings may affect other subscribers and may affect AMWN’s goodwill, business, reputation, or operations.

Prohibited Activities Under the Acceptable Use Policy

Subscribers, their customers, affiliates, or subsidiaries violate AMWN policy and these Terms of Use when they engage in prohibited activities, including but not limited to the following:

Spamming

Sending unsolicited bulk or commercial information over the Internet is prohibited. Spamming is harmful because of its negative impact on consumer attitudes toward AMWN and because it can overload AMWN’s network and disrupt service to subscribers.

Maintaining an open SMTP relay is also prohibited.

When a complaint is received, AMWN may investigate and shut down the account that is spamming. A $250 charge for violating this policy may be charged to the person initiating the spam. AMWN further reserves the right to prosecute for this violation. If AMWN chooses to pursue and prosecute, a $1.00 charge may be assessed per email sent.

Intellectual Property Violations

Engaging in any activity that infringes or misappropriates the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, patents, and other rights held by individuals, corporations, or other entities.

Activities that violate the privacy, publicity, or other personal rights of others are also prohibited.

AMWN may be required by law to remove or block access to customer content upon receipt of proper notice of copyright infringement. It is also AMWN’s policy to terminate 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 to transmit or post negative, defamatory, harassing, abusive, or threatening language is prohibited.

Forging of Headers

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of a message is prohibited.

Illegal or Unauthorized Access

Accessing computers, accounts, or networks belonging to another party illegally or without authorization is prohibited.

Attempting to penetrate security measures of another individual’s system, commonly known as “hacking,” is prohibited.

Any activity that may be used as a precursor to attempted system penetration, including port scans, stealth scans, or other information-gathering activity, is also prohibited.

Viruses, Worms, Trojan Horses, and Destructive Activities

Distributing information regarding the creation or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, denial-of-service attacks, or similar destructive activities is prohibited.

Activities that disrupt the use of or interfere with the ability of others to effectively use any network, system, service, or equipment are prohibited.

Facilitating a Violation

Advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this Acceptable Use Policy is prohibited.

This includes facilitating spam, pinging, flooding, mailbombing, denial-of-service attacks, or software piracy.

Export Control Violations

Exporting encryption software over the Internet or otherwise, to points outside the United States, in violation of applicable export control laws is prohibited.

Usenet Groups

AMWN reserves the right not to accept postings from newsgroups where it has actual knowledge that the content of the newsgroup violates this Acceptable Use Policy.

Other Illegal Activities

Engaging in activities determined to be illegal is prohibited. This includes, but is not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or engaging in fraud.

Other Harmful Activities

Engaging in activities, whether lawful or unlawful, that AMWN determines to be harmful to its subscribers, operations, reputation, goodwill, customer relations, services, systems, or network is prohibited.

Enforcement of the Acceptable Use Policy

Responsibility for avoiding harmful activities rests primarily with the subscriber.

AMWN will not, as an ordinary practice, monitor subscriber communications to ensure compliance with AMWN policy or applicable law. However, when AMWN becomes aware of harmful activities, it may take any action to stop the harmful activity.

Such actions may include, but are not limited to:

Removal of information
Shutting down a website
Implementing screening software designed to block offending transmissions
Denying access to the Internet
Suspending services
Terminating accounts
Taking any other action deemed appropriate by AMWN

AMWN is aware that many 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 another third party.

AMWN does not require subscribers who offer Internet services to monitor or censor transmissions or websites created by customers of subscribers. However, AMWN reserves the right to directly take action against a customer of a subscriber. AMWN may also take action against an AMWN subscriber because of activities of a customer of the subscriber, even if such action affects other customers of the subscriber.

Subscribers who offer Internet services are expected to cooperate with AMWN in any corrective or preventive action AMWN deems necessary. Failure to cooperate with corrective or preventive measures is a violation of AMWN policy.

Monitoring and Disclosure

AMWN will not intentionally monitor private electronic mail messages sent or received by subscribers unless required to do so by law, governmental authority, or when public safety is at stake.

AMWN may monitor its services electronically to determine that its facilities are operating satisfactorily.

AMWN may disclose information, including information concerning a subscriber, a transmission made using its network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other valid legal process.

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.

AMWN may also 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.

AMWN will never sell subscriber information to other services or outside companies.

Subscriber Privacy Responsibilities

AMWN expects that 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.

By using AMWN services, subscribers indemnify AMWN for any violation of a service agreement, law, AMWN policy, or these Terms of Use that results 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 activity or the activity of a customer of a subscriber, the subscriber will be responsible for payment of any damages awarded against AMWN, plus costs and reasonable attorneys’ fees.

Complaints

Any complaints about a subscriber’s violation of these Terms of Use or this Acceptable Use Policy should be sent to AMWN immediately through our website contact form or other contact method provided on our website.

Updates to These Terms

AMWN may update these Terms of Use from time to time. Updated terms may be posted on our website or otherwise provided to you.

Your continued use of AMWN’s website, services, communications, account, or SMS/text messaging after updated terms are posted or provided constitutes acceptance of the updated Terms of Use.