PLEASE THE FOLLOWING AGREEMENT CAREFULLY.
BY OBTAINING SERVICES WITH ABSOLUTE WEB DEVELOPMENT THE CUSTOMER IS AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
General Terms of Service
- Term; Termination; Cancellation Policy.
- Domain(s) fees will not be refunded, costs incurred by using PayPal or other deductions not the responsibility of Absolute Web Dev
- All other money (Original payment less the domain cost and other fees) will be refunded if canceling within 30 days.
- Customer’s Responsibilities.
- Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
- Customer’s Representations and Warranties.
- In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.
- Billing and Payment.
- Customer will pay to Absolute Web Dev the service fees for the Services in the manner set forth in the Order Form.
- Absolute Web Dev may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term.
- The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Absolute Web Dev net income). All such taxes will be added to Absolute Web Dev invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
- Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Absolute Web Dev may charge Customer a late fee of $15.00 for; in addition any amounts payable to Absolute Web Dev not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
- If Absolute Web Dev collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Absolute Web Dev prevails in any action to which the Customer and Absolute Web Dev are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Absolute Web Dev reasonable attorneys’ fees. I
- If any check is returned for insufficient funds Absolute Web Dev may impose a minimum processing charge of $25.00.
- In the event that any amount due to Absolute Web Dev remains unpaid seven (7) days after such payment is due, Absolute Web Dev, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
- Property Rights.
- Absolute Web Dev hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Absolute Web Dev technology, products and services solely for the purpose of accessing and using the Services. Customer may not use Absolute Web Dev technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Absolute Web Dev to Customer any Absolute Web Dev technology, and all rights, titles and interests in and to any Absolute Web Dev technology shall remain solely with Absolute Web Dev. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Absolute Web Dev.
- Absolute Web Dev owns all right, title and interest in and to the Services and Absolute Web Dev’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Noting in this Agreement constitutes a license to Customer to use or resell the Marks.
- Disclaimer of Warranty. Customer agrees to use all Services and any information obtained through or from Absolute Web Dev, at Customer’s own risk. Customer acknowledges and agrees that Absolute Web Dev exercises no control over, and accepts no responsibility for, the content of the information passing through Absolute Web Dev’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Absolute Web Dev, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “Absolute Web Dev PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT Absolute Web Dev PROVIDES. NO Absolute Web Dev PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. Absolute Web Dev IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY Absolute Web Dev. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Absolute Web Dev PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
- Limited Warranty.
- Absolute Web Dev represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Absolute Web Dev generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Absolute Web Dev, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Absolute Web Dev sole obligation, for breach of the foregoing warranties shall be for Absolute Web Dev, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Absolute Web Dev may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
- The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Absolute Web Dev reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of Absolute Web Dev. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Absolute Web Dev MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND Absolute Web Dev HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. Absolute Web Dev DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
- Limitation of Liability.
- IN NO EVENT WILL Absolute Web Dev LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO Absolute Web Dev BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
- Absolute Web Dev CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. Absolute Web Dev WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
- EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
- The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 15(c) shall not apply to Customer’s indemnification obligations.
- Notwithstanding anything to the contrary in this Agreement, Absolute Web Dev’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
- Customer understands, acknowledges and agrees that if Absolute Web Dev takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that Absolute Web Dev shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Absolute Web Dev.
- This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
- Indemnification. Customer agrees to indemnify, defend and hold harmless Absolute Web Dev and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s use of the Services, (ii) any violation by Customer of the Agreement, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
Domain Name Registration Agreement
- In this Domain Name Registration Agreement (“Agreement”) “Registrant”, “you” and “your” refers to the registrant of each domain name registration, “we”, “us” and “our” refers to Wild West Domains, and “Services” refers to the domain name registration services provided by us as offered through Absolute Web Development, the Registration Service Provider (“Reseller”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose.
- FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, canceled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Wild West Domains and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.
- TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
- MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Wild West Domains may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be canceled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
- NO GUARANTY. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
- DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Wild West Domains is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Wild West Domains may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Wild West Domains is directed to do so by the judicial or administrative body, or (ii) Wild West Domains receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Wild West Domains may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
- POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Wild West Domains, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Wild West Domains, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.
- AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
- ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Wild West Domains and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- INDEMNITY. You agree to release, indemnify, and hold Wild West Domains, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling Account Identifier and Password are secured, shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
- BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
- DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
- INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
- Your name and postal address (or, if different, that of the domain name holder);
- the domain name being registered;
- the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
- the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
- the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
- Absolute Web Development maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail (“SPAM”). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:
- Use or contain invalid or forged headers;
- Use or contain invalid or non-existent domain names;
- Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
- Use other means of deceptive addressing;
- Use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
- Contain false or misleading information in the subject line or otherwise contain false or misleading content;
- Fail to comply with additional technical standards described below;
- Otherwise violate the Absolute Web Dev terms and conditions.
- The Absolute Web Dev does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any the Absolute Web Dev product or service.
- We monitor all traffic to and from our servers. Customers suspected of using the Absolute Web Dev products and services for the purpose of sending SPAM will be investigated. It is the Absolute Web Dev policy to immediately remove and deactivate any offending web site sending SPAM.
- Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Absolute Web Dev may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
- Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
- Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.
- If the Absolute Web Dev believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Absolute Web Dev may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
- The Absolute Web Dev reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in the Absolute Web Dev’s sole judgment, could disrupt the Absolute Web Dev’s business operations, the Absolute Web Dev reserves the right to charge such Customer an administrative fee equal to $10000 per each piece of SPAM sent.
- To report an incidence of SPAM, please send an email to email@example.com.
- Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of the Absolute Web Dev rights.
- Unauthorized use of the Absolute Web Dev network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.
The Absolute Web Development hosting Control Panel are proprietary software made by WHM/cPanel. We do not protect the software or have any responsibility for the software usability and security. Absolute Web Development will not change the interface of the Control Panel; however, the software version will be updated for security.
Absolute Web Development maintains a backup of all work done by Absolute Web Development. Any work done on the customers side is not guaranteed to be backed up. While Absolute Web Development maintains the previously stated backups, this service is provided as a convenience only and Absolute Web Development assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Absolute Web Development will provide, upon request, one (1) data restoration if the backup is available.
If your website has high levels of traffic you may incur a charge for the bandwidth usage. The rates for bandwidth usage will depend on the network service providers charges. If for whatever reason you cannot pay the bandwidth charge your site will be temporarily stopped until the bandwidth is reallocated. Full access to web reports for network traffic monitoring and reporting are available through the cPanel interface. The bandwidth charges are calculated by the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month.
Customers are prohibited from transmitting on or through any of Absolute Web Development’s services, any material that is, in Absolute Web Development’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Absolute Web Development’s services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Absolute Web Development’s reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with Absolute Web Development up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of Absolute Web Development’s products and services is not permitted, unless specifically permitted and documented in a written agreement.
The initial term of this Agreement shall be the “Initial Term“. The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement will be renewed upon receipt of payment for hosting services.
THIS SERVICE WILL NOT AUTOMTICALLY RENEW. CUSTOMER WILL BE NOTIFIED IN ADVANCE WHEN THE HOSTING OR DOMAIN RENEWAL IS DUE. IF PAYMENT IS NOT RECEIVED BY TEH DUE DATE, THERE IS A 2 WEEK WINDOW BEFORE SERVICES ARE DISCONTINUED.
This Agreement may be terminated by giving Absolute Web Development a thirty (30) day prior written notice. In the event of nonpayment by Customer services will be terminated.
Absolute Web Development, at any time, without notice, if, in Absolute Web Development’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, or Customer’s use of the Services disrupts or, in Absolute Web Development’s sole and absolute discretion and/or judgment, could disrupt, Absolute Web Development’s business operations.
Absolute Web Development reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by Absolute Web Development to customer if Absolute Web Development initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.
Due to protection concerns, all account cancellations must be done through the website contact form here. Notifications of cancellation must be made by 30 days from the initial service date. Absolute Web Development reserves the right to deny, forfeit, or refuse refunds at any time if necessary. Third party cancellations are not accepted.
Upon termination, either by Absolute Web Development or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay Absolute Web Development all reasonable administrative costs if Absolute Web Development must intervene in deregistering the hosts.
Absolute Web Development
- is not responsible for any damages your business may suffer.
- does not make implied or written warranties for any of our services.
- denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Absolute Web Development.
- The Customer will not use its network nor space provided by Absolute Web Development to violate any law. In the event Customer violates existing law, Absolute Web Development shall have the right to terminate all service set forth in this Agreement. In the event Absolute Web Development is informed by government authorities of inappropriate or illegal use of Absolute Web Development facilities or other networks accessed through Absolute Web Development, Absolute Web Development may terminate customer’s service.
- will cooperate fully with investigations of violation of systems or network security at other sites.
- will cooperate with law enforcement authorities in the investigation of possible criminal violations.
- Customers who violate systems and/or network security, may incur in criminal or civil liability.
Customer Responsibility for Web Development Resources
Customer is responsible for providing the necessary content required for developing the website. This includes, but not limited to, the following:
- Any graphics such as: logos, photography, internet graphics.
- Writing and content that is already in existence. This includes: web related content, printouts, brochures, or any company/customer related documentation used to build the site content.
- Products or Services the business/customer has. If you are selling products, include the list or database of products including the sku, price, id, product name and anything else related to the product. This is equally true for Services. If you have prices, and specific descriptions of your service, you will need to provide that information.
- Email addresses used for contact forms, Phone numbers for your store/location, addresses and other business related information.
All materials will need to be sent to the webmaster prior to any work being done. If you do not have your own content and graphics, a $100 per hour charge will be added for creating graphics and content. The extra content charge will be calculated prior to the customer having to pay the fee and will be emailed to the customer for approval.
If you have any questions concerning the above stated terms and conditions then please email me at our contact page.