This agreement uses a number of terms to refer to the roles played by participants in it.
Provider : Accelerated Web Technologies, LLC
Client : The person or entity applying for Provider's services.
a) Client agrees to comply to all applicable laws of the New York State and the US Federal Government while utilizing Provider's services.
b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVER WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL INCLUDING, BUT NOT LIMITED TO CHILD PORNOGRAPHY, NUDITY OF ANYONE UNDER THE AGE OF 18, UNLICENSED SOFTWARE (WAREZ), COMPUTER VIRUSES, HACKING/CRACKING SOFTWARE. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
c) Client agrees that they are at least 18 years of age.
d) Client agrees not to perform any harmful activities including, but not limited to e-mail spamming (sending unsolicited e-mail), spamming search engines (e.g. Altavista, Infoseek, etc...), spamming discussion groups (chat rooms, forums, news groups, etc...), hacking Provider's network and or servers, breaking in other user's accounts (cracking), DoS (Denial of Service) attacks (smurf, ping of death, sping, etc...). Provider also prohibits Client to run any background processes including but not limited to IRC bots, (e.g. eggdrops), IRC daemons (e.g. ircd), IRC clients (e.g. BitchX, ircii), etc... Any violations may result in immediate termination of service at Provider's sole discretion.
e) Client that is caught sending usolicited email and or spamming search engines may face a fine to reimburse Provider for damages caused as a result of such misuse of Provider's service.
f) Provider offers 15-day money back guarantee to the first-time Client as long as Client does not violate this Agreement. In the event that Client decides to cancel service, Client must notify Provider within 15 days from the signup date; failure to do so will result in no refund. Client is also responsible for any data transfer (bandwidth) overage over 1 Gigabyte.
g) If Client decides to cancel service, Client must provide a written (e-mail, fax, postal mail) notice of cancellation at least three business days prior to next billing period; failure to provide such notice makes Client responsible for the next monthly fee.
h) If Client goes over monthly allotted data transfer (bandwidth), Client agrees to pay extra fee for overage in 1 gigabyte increments.
a) Provider has sole right to suspend and or terminate services at any time without prior notice to the Client for a just cause and upon a 10-day notice without cause.
b) In the case of Client's site(s) lagging the server Provider has right to relocate Client's site(s) to a different and or a dedicated server; Client shall be notified three days prior to the relocation.
a) Provider shall not be liable to the Client for lost of profits of Client, or special, incidental or consequential damages.
b) Though, Provider shall take great care in protecting Client's data residing on the Provider's server(s), Provider is not responsible for any loss and/or corruption of Client's data. Client is responsible for making back up of all files.
5. Unlimited e-mail service
In order to provide unlimited e-mail services several restrictions apply:
a) Client may not resell their e-mail services (forwarding, autoresponders, etc...)
b) Client may only use e-mail services for his/her own needs
Provider provides no warranty expressed or implied as to the services provided to the Client.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT.