Money? Who said M O N E Y???
1.The following policy applies to all
Active Web Networks' Clients for payment of Service provided. We Accept
payment of Invoices by Visa, Mastercard, American Express, Business or
Personal Check Invoices are sent out by U.S postal service on the 15/16th
of the month, for the upcoming month. Invoices MUST be paid by the 1st of
the month. For accounts not fully paid by the 3rd of the new month,
password to the site will be changed for accounts not fully paid by the
5th of the new month, the web site is taken off line from the net until
paid. In the event an account needs additional time to pay invoices,
arrangements must be made in advance. For accounts terminated at any time
prior to the end of the month, a $30.00 reconnection charge will be
applied. For accounts that pay by Credit Card, charges are processed on
the 27th of the month, so they clear to our bank by the 1st.
Processing Fees Applied:
Returned Check Fee: $5.00
Back to Credit Card: $25.00
Questions concerning the above should be
directed to email@example.com.
2.All payments and written correspondence should be
Active Web Networks
P.O. Box 6475
Irvine, CA 92616
3.Consulting Payment Policies: Requests for consulting
will require a written request describing the scope of work to be done.
AWN will respond with a written estimate for the work to be done. The
client will accept the estimate by responding via email, snail mail or
fax. 50% of the estimated bill will be required before we begin the work.
The balance will be due upon completion. Minor additions to original
estimate will be billed during our regular billing cycle. We will bill for
the actual time required for the job. If the scope of work exceeds the
original estimate the client will be notified as soon as possible. In any
case, barring any changes or additions by the client, the actual cost will
not exceed 15% over the original estimate.
4.All consulting fees are due and payable upon receipt of
5.Active Web Networks, LLC reserves the right to decline
any services to any customer for any reason.
6.Active Web Networks, LLC offers a 30 day money back
guarantee of hosting fees if not completely satisfied and applies to all
new orders. For all hosting packages the refund will be for the hosting
fees only - any one time setup fees will not be refunded. All refunds will
be issued via check and delivered via U.S postal service. There will be no
refunds for consulting fees. It is the responsibility of the customer to
assure the accuracy and completeness of the services rendered. AWN’s
liability will be limited to the current months hosting fees.
7. Additional bandwidth usage over the amount allotted in
the hosting plan or the pre-arranged, pre-paid amount will be billed at
the end of that month to the pre-arranged credit account. Billing of
additional bandwidth usage is subject to all other terms of this
8. Use of Active Web Networks, LLC systems constitutes
acceptance of these Terms and Conditions.
Active Web Networks, LLC Hosting
The subscriber agrees to the following
Terms and Conditions of this Active Web Networks LLC Hosting Contract
(hereinafter the Contract).
1.The phrase "the Company" refers to Active Web Networks,
LLC abbreviated as AWN. The phrase "the subscriber" refers to the person
or entity which uses Active Web Networks, LLC systems. The use of Active
Web Networks constitutes acceptance of these Terms and Conditions.
2.Services provided to the subscriber by the Company may
only be used in accordance with all applicable laws, statutes, regulations
and rules and solely for lawful purposes. Transmission, promulgation,
theft, procurement of, communication, alteration, publication or storage
of any information, protected material/property, data or material in
violation of any National Law of any sovereign nation, or of International
Law, the United States Code, or of any state or local law, statute,
regulation or rule is strictly prohibited. This includes, but is not
limited to any material, data, matter, software/software code,
intellectual property, protected by copyright, trade mark, privacy or
other proprietary, personal or property right, trade secret, or any other
statute. It is unlawful and a violation of this Contract to communicate,
transmit, or promulgate in any matter, means or medium, material legally
judged to be threatening, any threatening or harassing communication of
any sort, or to otherwise use these services for any illegal or unlawful
3.Any attempt to violate the security, stability, or
integrity of any Active Web Networks servers is strictly prohibited and
grounds for cancellation of services and legal action.
4.All Trademarks are property of their respective owners.
5.The subscriber agrees to indemnify and hold harmless
AWN, its officers, shareholders, agents and employees and its other
subscribers from any and all claims, costs, expenses, judgments, causes of
actions, attorneys fees, litigation and court costs resulting from the
subscriber's use of Hosting Services in any manner, whether directly,
indirectly or by any act of commission or omission.
6.The subscriber is solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and regulations
(i) to the subscriber's use any Hosting Services, and
(ii) the communications means by which the subscriber connects their
terminal or PC to Hosting Services or any other service provided by the
7.Hosting payments are due the on the first day of each
month. Payment is for the current month (e.g. April's fee is due April 1).
Payments not made by the 15th day of the commencement of the payment
period are to be considered delinquent and will be charged interest at the
rate of 1.75% per month (21% per cent per annum), or the maximum permitted
legal rate, whichever is higher. Returned checks will be charged a fee of
the maximum pecuniary penalty permitted by law.
8.In the event the Company is required to engage the
services of an attorney because of a breach by the subscriber of any of
the terms herein contained, the subscriber agrees to pay all of the
Company's reasonable attorneys fees and court costs. Upon breach of this
Contract, all of subscriber's rights and privileges shall be immediately
terminated and upon any such termination for breach of the provisions of
this Contract, or the breach of any applicable law or statute governing
the use of the services provided, all subscriber fees shall be forfeited
as liquidated damages to the Company.
9.It is the responsibility of the client to maintain current copies of
all files in their own possession at all times. The subscriber agrees
that the Company has the right to delete all data, files or other
information that is stored in the subscriber's account if the
subscriber's account is terminated, for any reason, by either the
Company or the subscriber. This does NOT apply to subscribers who have
contracted Active Web Networks to create their site. Upon payment of all monies owed, these subscribers will have their files available for them to download via ftp for a period of 30 days after the date that service is terminated.
After that period, all files associated with the account will be deleted. Upon written
request, subscribers may have site content delivered to them by email or
via 3.5" floppy disk via postal mail in the event the subscriber's
account is terminated.
10.The subscriber rights herein granted cannot be
transferred, shared, sold, or used by anyone other than the subscriber.
11.Accounts on Hosting services can be canceled at any
time by either the Company or the subscriber, upon receipt of written
notice sent by the subscriber to the address of the Company listed in this
Contract, or by the Company, upon 10 days written notice sent to the last
mailing address listed with the Company by the subscriber on the Account
Application. It shall be the responsibility of the subscriber to update
the Company informed with a valid mailing address to which notice can be
sent. The foregoing provisions to the contrary notwithstanding, the
Company can immediately terminate the subscriber's access to Hosting
Services for breach of paragraph 2.
12.The Company shall have the right to suspend service to
the subscriber at any time, for reasonable cause (such as Unsolicited
13.The subscriber certifies that he or she is at least 18
years of age, and agrees to assume the responsibility of a parent or
guardian for any minors who may have access to the subscriber's account
provided by Hosting.
14.LIMITED WARRANTY. AWN WARRANTS THAT, IF A SUBSCRIBER
IS DISSATISFIED WITH THE SERVICE, AWN WILL, UPON WRITTEN NOTIFICATION
RECEIVED FROM THE SUBSCRIBER TO THE COMPANY, REFUND THE SERVICE FEES FOR
THE CURRENT MONTH OF THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID
FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY
AWN REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN
CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE HOSTING
SERVICES OF OTHER SERVICES PROVIDED BY AWN, AND THEREFORE HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY
WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION,
PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
15.LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY
INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR
BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON
BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
16. SPAM. Active Web Networks does not allow email,
usenet, or BBS spamming from accounts on our machines or from any machine
not on AWN 's network where the recipient of the bulk mailing response is
either a web site hosted by AWN or an email account on a AWN server.
"Spamming" is defined as sending unsolicited email to a list of email
addresses. We judge whether an email spam has occurred by the nature and
volume of complaints we receive from people who receive the email. When
you have Web space with us and spam from another account or machine
advertising a site you have hosted with us, you could LOSE YOUR ACCOUNT,
no questions asked.
17.Netscape, Netscape Navigator, and the Netscape Logo
are registered trademarks of Netscape Communications, Inc. Windows,
Windows 95, Windows NT, and The Microsoft Internet Explorer are registered
trademarks of Microsoft, Inc.
18.No warranties are expressed or implied. No warranties
with respect to the service to be provided hereunder, client acknowledges
that AWN makes absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness of this service for a
particular purpose. As a result, client agrees that AWN shall not be
liable to client or any of its customers for any claims or damages which
may be suffered by client or its customers, including, but not limited to,
losses or damages of any and every nature, resulting from the loss of
data, or inability to transmit or receive information, caused by, or
resulting from, delays, non-deliveries, or service interruptions whether
or not caused by the fault or negligence of AWN. Client hereby agrees to
indemnity and hold harmless AWN from any and all claims of whatever nature
brought by any of client’s customers against AWN.
19.Upon acceptance of the subscriber's Account
Application and upon payment as provided therein, the subscriber will be
provided with the subscriber's personal access instructions and access to
the Hosting services selected, which permissions shall remain valid and in
force and effect during the term of this Contract.
20.This Contract represents the complete understanding
between the parties as to the subject matter hereof, and supersedes all
prior written or oral negotiations, representations, guaranties,
warranties, promises, orders, statements or agreements between the parties
or any statement or representation made or furnished by any other person
representing or purporting to represent either party.
21.These Terms and Conditions supersede all previous
representations, understandings or agreements. If any part of this
agreement is decided by a jury to be contrary to law, the rest of the
agreement remains in full force and effect. Use of Active Web Networks,
LLC systems constitutes acceptance of these Terms and Conditions.
Continuing to the Sign-Up Form indicates
that you have read and fully understand and agree with the Payment
Policies and the Hosting Contract. If you do not agree, then please direct
any questions to firstname.lastname@example.org
before continuing on to the Sign-Up Form.