Advanced Web Site Publishing & Houston‘s Host’s Web Hosting Policies
Billing and AUP
Billing Terms for Web Hosting:
- Billing is performed by Advanced Web Site Publishing.
- Advanced Web Site Publishing charges all Customers on a monthly, quarterly or yearly basis to the Customers Visa, MasterCard or American Express credit card. No invoice will be mailed, use the credit card statement as a receipt. The Customers first full billing period starts on the first on the month. Client will be pro-rated for the days of actual usage. Billing will continue to the same credit card on every month, quarter or 1 year anniversary unless the Customer terminates their account.
- Customer may pay by check by special arrangement only and the service must be paid for one Year in advance.
- Advanced Web Site Publishing will not refund any setup fee once an order has been placed.
Acceptable Use Policy
This Acceptable Use Policy (“Policy” or “AUP”) describes the Prohibited Uses of Advanced Web Site Publishing’s hosting services (“Services”). This Policy is incorporated within our terms and conditions by reference. Advanced Web Site Publishing reserves the right to modify the Policy at any time and the modified policy is effective upon posting on the Advanced Web Site Publishing website. Any violation of the Policy may result in the suspension, termination of your account, or such other action that Advanced Web Site Publishing deems appropriate. This Policy outlines the uses of our Services that are prohibited and is by no means exhaustive. By using our Services, you affirm that you have read and agreed to be bound by the terms of this policy.
- Prohibited Uses:
- Illegal Use:
Advanced Web Site Publishing’s servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited.
Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials:
Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Export Violations:
Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
- Harmful Content:
Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
- Fraudulent Conduct:
Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
- Illegal Use:
- Network Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. Advanced Web Site Publishing will investigate incidents involving such violations and may involve and/or cooperate with law enforcement authorities if a criminal violation is suspected. Examples of unlawful acts, system, or network security violations include, but are not limited to, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.
- Email Usage
Malicious email, including without limitation “mail bombing” (flooding a user or Web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses) is strictly prohibited.
In addition, you may not use Advanced Web Site Publishing’s mail server or another Web site’s mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
- Misuse of System Resources
It is a violation for anyone to post information or to include programs on the web space provided through the Services which consume excessive bandwidth, CPU time or storage space. In addition, You will not run daemons or other background processes without prior authorization from Advanced Web Site Publishing.
- INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN ADVANCED WEB SITE PUBISHING CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
- Advanced Web Site Publishing reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Advanced Web Site Publishing’s Services, Customers and other Users. Advanced Web Site Publishing reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.
Hosting Service Agreement
This Hosting Service Agreement (“Agreement”) between the account holder (“You”) and Advanced Web Site Publishing
sets forth the terms and conditions of Your use of Advanced Web Site Publishing’s web hosting services. This Agreement as well as any additional rules and policies, together with all modifications thereto as posted on our website, constitute the complete and exclusive agreement between You and Advanced Web Site Publishing concerning Your use of Advanced Web Site Publishing’s web hosting services and other services (“Services”). This Agreement supersedes and governs all other proposals, agreements, or any other form of communications made between You and Advanced Web Site Publishing. By selecting Advanced Web Site Publishing’s web hosting services You have agreed to establish an account with us for such services and upon submitting Your application for our Services (“Order”) You acknowledge that You have read, understood and agreed to be bound by all terms and conditions of relevant policies, as amended from time to time:
- Term and Payment for Services:
- Term of Commencement:
Billing is performed on the first of each month. Orders submitted anytime during the month will be pro-rated for that month.
- Initial Term:
This Agreement will have an initial term equal to that of the duration of the billing cycle. In the event that the billing cycle begins at a future date, then this Agreement shall have an initial term equal to that of the duration of the billing cycle plus the number of days until the beginning of the billing cycle.
- Renewal Terms:
If You wish to terminate the Services at the end of the Initial Term or any subsequent Renewal Terms, notice of intent to terminate must be given in written form, at least thirty (30) days prior to the termination date. Phone notification shall not be acceptable. If You fail to notify Advanced Web Site Publishing of Your intent to terminate this Agreement, this Agreement will be automatically renewed for a period equal to the duration of the billing cycle (“Renewal Term”) at Advanced Web Site Publishing’s then-current rates and charges.
- Fees and Expenses:
You will pay all fees due according to the prices and terms selected upon submitting Your Order and at the start of each Renewal Term thereafter. You agree that failure to indicate Your intent to terminate our Services grants Advanced Web Site Publishing the authorization to charge Your credit or debit card for the amount specified during the Order at start of the Initial Term and at the start of each Renewal Term. Advanced Web Site Publishing will not send any invoices regarding charges made to their credit or debit card. You may use Your credit card statement as a receipt. Accounts that are past due by more than thirty (15) calendar days shall be subject to immediate interruption of Service(s), with or without the grant of a notice and may constitute a breach of this agreement, such grant of notice or decision of breach is to be decided at the sole discretion of Advanced Web Site Publishing. Advanced Web Site Publishing may charge You a surcharge for repeated failed credit/debit card transactions and will assess a $25 surcharge for bounced checks.
You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (“Tax”) imposed on, or with respect to, the Services under this Agreement.
Advanced Web Site Publishing or any of it’s affiliates or suppliers will not refund any setup or pre-paid hosting fees.
- Term of Commencement:
- Applicable Policies and Guidelines:
The Advanced Web Site Publishing Acceptable Use Policy (the “Policy”) governs the general policies and procedures for use of the Services. The Policy is posted above and may be updated from time to time. YOU SHOULD CAREFULLY READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS TO THE TERMS. ADVANCED WEB SITE PUBLISHING MAY TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE POLICY OR THIS AGREEMENT.
- Services Use:
Bandwidth, Storage, and E-Mail Usage.
For Services, You will not exceed the bandwidth, storage and E-mail usage limits according to the plan You selected in the Order. If You use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if You exceed email storage and attachment size limitations, Advanced Web Site Publishing may, in its sole discretion, assess You with additional charges, suspend the Service, or terminate this Agreement. If Advanced Web Site Publishing elects to take any corrective action, Advanced Web Site Publishing will not refund any unused pre-paid fees. Your use of Your account and access to it is Your responsibility. You are responsible for any unauthorized access to Your account resulting in bandwidth, storage and/or email usage exceeding the limits in accordance with the plan chosen in the Order and resultant charges.
You are solely responsible for any security breaches affecting servers or accounts under Your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Advanced Web Site Publishing will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Advanced Web Site Publishing or any of its other customers.
- Your License Grant to Advanced Web Site Publishing:
You grant to Advanced Web Site Publishing a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Your content as necessary for the purposes of rendering and operating the Services to You under this Agreement. You expressly: (a) grant to Advanced Web Site Publishing a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that this caching is not an infringement of any of Your intellectual property rights or any third party’s intellectual property rights.
- Your Warranties and Representations to Advanced Web Site Publishing:
You warrant, represent, and covenant to Advanced Web Site Publishing that: (a) You are at least 18 years of age; (b) You possess the legal right and ability to enter into this Agreement; (c) You will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) You will be financially responsible for the use of Your account; (e) You have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) You have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including Your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) Your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
- Advanced Web Site Publishing Materials and Intellectual Property:
All materials, including any computer software (in object code and source code form), data or information that Advanced Web Site Publishing or its suppliers or agents develop or provide under this Agreement, and any know-how, methodologies, equipment, or processes Advanced Web Site Publishing uses to provide the Services to You, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain Advanced Web Site Publishing’s or its suppliers’ sole and exclusive property. Advanced Web Site Publishing will also maintain and control ownership of all Internet protocol (“IP”) numbers and addresses that Advanced Web Site Publishing may be assign to You. Advanced Web Site Publishing may, in its sole discretion, change or remove any and all IP numbers and addresses.
- Investigation of Violations:
Advanced Web Site Publishing may investigate any reported violation of this Agreement, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. Advanced Web Site Publishing will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
Advanced Web Site Publishing may restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party’s rights or that potentially violates any laws. If Advanced Web Site Publishing becomes aware that You have possibly violated this Agreement, any related policies or guidelines, third party rights or laws, Advanced Web Site Publishing may immediately take corrective action, including: (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Advanced Web Site Publishing’s systems, and (d) disabling or removing any hypertext links to third-party Web sites, any of Your content distributed or made available for distribution via the Services, or other content not supplied by Advanced Web Site Publishing that, in Advanced Web Site Publishing’s sole discretion, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes Advanced Web Site Publishing to civil or criminal liability or public ridicule. It is Advanced Web Site Publishing’s policy to terminate repeat violators. These rights of action, however, do not obligate Advanced Web Site Publishing to monitor or exert editorial control over the information made available for distribution via the Services. If Advanced Web Site Publishing takes corrective action because of a possible violation, Advanced Web Site Publishing will not refund to You any fees You paid in advance of the corrective action.
- Disclosure Rights:
To comply with applicable laws and lawful governmental requests, to protect Advanced Web Site Publishing’s systems and customers, or to ensure the integrity and operation of Advanced Web Site Publishing’s business and systems, Advanced Web Site Publishing may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Advanced Web Site Publishing’s servers and systems. Advanced Web Site Publishing may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
- No Other Warranty:
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SERVICES IS AT ITS OWN RISK. Advanced Web Site Publishing DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Advanced Web Site Publishing DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. Advanced Web Site Publishing DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS TO YOUR NETWORKS.
- Limitation of Liability:
IN NO EVENT WILL ADVANCED WEB SITE PUBLISHING OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ADVANCED WEB SITE PUBLISHING NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ADVANCED WEB SITE PUBLISHING’S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) EVEN IF ADVANCED WEB SITE PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF ADVANCED WEB SITE PUBLISHING AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ADVANCED WEB SITE PUBLISHING UNDER THIS AGREEMENT DURING THE BILLING CYCLE IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). 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 MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ADVANCED WEB SITE PUBLISHING UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. YOU AGREE THAT ADVANCED WEB SITE PUBLISHING IS NOT LIABLE FOR ANY LOST DATA OR CONTENT AND YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUPS OF YOUR DATA. ACCORDINGLY, YOU RELEASE ADVANCED WEB SITE PUBLISHING AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
You release and hold harmless, and agree to indemnify, Advanced Web Site Publishing and its affiliates and suppliers and their respective employees, directors and representative against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Advanced Web Site Publishing or its suppliers, arising out of or relating to: (a) Your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) Your improper or illegal use the Services; or (c) Your violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity).
- Force Majeure:
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of Advanced Web Site Publishing), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Advanced Web Site Publishing is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Advanced Web Site Publishing.
- Agents, Licensees and Resellers:
You agree that, if You are purchasing our Services for or on behalf of another entity, You represent that You have the authority to bind that other entity as a principal to all terms and conditions provided herein. You agree that if You license the use of Your Services registered to You to a third party, You will remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Your own full contact information, adequate to facilitate timely resolution of any problems that arise.
- Breach and Revocation:
Advanced Web Site Publishing reserves the right to suspend, cancel or modify Your services we provide in the event You materially breach this Agreement and do not cure such breach within thirty (30) days of notice by Advanced Web Site Publishing. You also agree that Advanced Web Site Publishing shall have the right in its sole discretion to suspend, cancel or otherwise modify Your Services upon seven (7) calendar days prior written notice, or at such time as Advanced Web Site Publishing receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation or modification of the Services.
- Right of Refusal:
We, in our sole discretion, reserve the right to refuse to do business with You, or to stop doing business with You. You agree to hold Advanced Web Site Publishing harmless for any damages arising out of any form or cause of action that could arise from Advanced Web Site Publishing’s actions.
- Governing Law:
Any disputes over this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas.
You agree that any notices required to be given under this Agreement by Advanced Web Site Publishing to You will be deemed to have been given if delivered in accordance with the contact information supplied on the Order You have provided. For notices to Advanced Web Site Publishing, Advanced Web Site Publishing may be contacted through this form or at the following address:
Advanced Web Site Publishing
3267 Bee Cave Rd.STE 107-65
Austin, TX 78746
- Acceptance of Agreement:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.