This Agreement is made and entered into between AS Consulting ("ASC"), parent company of ASCWebServices, PO Box 1728, Goleta, CA, USA and "Customer."
Payment: Payment is made by check only. AS Consulting bills for a 6 month term. New accounts are prorated to the end of the current (1/2 yearly) 6 month term, and then bi-annually after that. All payments are to be made to: AS Consulting, P.O. Box 1728, Goleta, CA. 93116-1728. Payment is due no later then 30 days from invoice date. Accounts are considered delinquent if not paid in full by due date. Although payment is made in 6 month increments, client can cancel service at any time with a 30 day notice, and receive all unused funds. The current month's charges cannot be refunded. Delinquent accounts are subject to immediate suspension and/or termination without further notice. A $20 reactivation fee will be charged upon reactivation of suspended or terminated accounts. A $30 returned check fee will be assessed for any check returned for any reason. Accounts paid by a returned check may be suspended until the balance is paid in full, including returned check and reactivation fees.
Terms and Conditions: ASC offers Web hosting and e-mail services through it's Web servers. ASC does not offer dial-up services and Customer must arrange for independent access to the Internet. If any change to the terms or conditions, ASC's services, system or pricing is unacceptable to the Customer, the Customer may terminate its account as set forth above
ASC's server may be used for lawful purposes only and consistent with all rights of other parties. Without limiting the foregoing, ASC's server shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Digital Millennium Copyright Act (DMCA), Any Notice of Infringement must comply with the requirements of 17 U.S.C. Section 512. Any abuse will subject Customer's account to immediate termination or suspension. Any use of ASC's servers that disrupts the normal use of it for other Customers is considered abuse. Unauthorized modification, alteration, reverse engineering, or de-compiling of the ASC servers is prohibited.
Unsolicited Commercial E-mail (UCE), also known as "Spamming" is not allowed and is considered abuse. Customers may not send unauthorized or unsolicited e-mail messages through ASC's servers, or which carries a "return" email address hosted by ASC, or that refers in the body of the message to a domain that is hosted by ASC. If ASC determines that abuse has occurred, then the Customer's account may be terminated or suspended immediately, and, if terminated, the balance of Customer's monthly fees will not be refunded.
ASC does not allow pornography to be stored on it's Web servers. Customer hereby warrants that it will not store or publish pornographic material on the Web servers.
ASC may charge customers $95 per hour for any time required to address the affects of abuse that results from Customers actions.
ASC reserves the right to modify these terms and conditions, change any service offered or the features of any service offered or it's servers with reasonable notice, including changes to access and use procedures. ASC will publish notice of contract modification and fee increases at least 30 days before such changes take effect, such publication shall constitute due notice.
Either Customer or ASC may terminate the Customer's account at any time, with or without reason, upon 30 days written notice. Termination requests by the Customer must be received by ASC in writing via e-mail, fax, or postal service. Such requests must be received before the end of the billing cycle. Current monthly charges and payments will not be prorated. ASC may also, in its discretion, suspend a Customer's account at any time with or without reason. Termination or suspension does not release liability for any charges due. ASC may delete all data, files or other information that is stored on Customer's account upon termination or suspension after reasonable notice.
Use of ASC's servers and services, and the Internet in general, is at Customer's sole risk, and the use is provided on an "as is," "as available" basis without warranties or guarantees of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose, all of which warranties are hereby expressly disclaimed except to the extent any warranty cannot be disclaimed under applicable law.
Under no circumstances shall ASC be liable for any direct, indirect, incidental, special or consequential damages, including, without limitation, damages for loss of profits, business interruption, loss of business information, and the like, even if ASC has been advised of the possibility of such damages. The maximum liability of ASC to any Customer or Customer for any and all loss, claim, damage or liability of any kind, including due to ASC's negligence, shall be limited to the amount paid by the Customer or Customer to ASC during the three (3) month period preceding the claim. ASC does not warrant that it's services and systems will be uninterrupted or error free; nor does ASC make any warranty as to the results or information obtained from use of it's services or systems or the Internet in general.
The Customer agrees to indemnify and hold harmless ASC, its directors, officers, shareholders, agents, employees and its other Customers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of Customer's account whether or not authorized.
The Customer's account and the right to use ASC's servers may not be transferred, nor resold, without ASC's consent. Customer agrees to protect its password and account and to keep them secure from unauthorized use.
Electronic mail and other transmissions passing over the Internet and through ASC's systems are not confidential. Accordingly, ASC cannot guarantee the protection or privacy of any information of any Customer. For troubleshooting purposes, ASC may monitor an account at any time. ASC reserves the right to monitor a Customer's mail and transmissions as a necessary incident to providing services and otherwise to protect the rights or property of ASC. ASC will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of it's legal counsel.
All fees involved with ASC's Web site hosting are in U.S. currency.
This Agreement represents the complete agreement and understanding between ASC and the Customer. This Agreement supersedes all other written and oral communications or agreements. A waiver or modification of this Agreement shall only be effective if in writing signed by an authorized employee of ASC. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Customer hereby consents to the jurisdiction of California courts for all purposes, proper venue in Santa Barbara County.
Force Majuere. In the event of non-performance, partial performance or delay resulting wholly or partly from any force majuere or occurrence or circumstance whatever beyond our control, including, but not limited to, the acts or omissions of third parties, labor difficulties, weather conditions, technical breakdown or accident, natural disaster or the act of any authority, then ASC shall take reasonable steps to continue to provide web hosting services, but otherwise, shall have no liability to the customer.