Hosting Agreement
Acceptance of Terms
Request of services will be deemed to constitute acceptance of the terms,
conditions, rules and regulations of American Web Systems. The rights
and responsibilities conferred by acceptance of this agreement are non-transferable.
Cancellation
The subscriber must telephone, email or mail in a request for cancellation.
You must expressly cancel the service; inactive but non-cancelled accounts
will continue to be billed.
System Security
Keep all passwords confidential. We cannot be responsible for any
loss of data resulting from the customer sharing his/her password.
Unless our records indicate that your account/files have been maliciously
accessed you will be held responsible for all activity in your account
or under your login/password. If your password has been lost, stolen
or otherwise compromised, please contact us at info@ameriwebs.com
or by calling us at (281) 443-7010.
Limitation of Liability
American Web Systems's services are provided on an "as is, as available"
basis and no warranty, express or implied, including but not limited to
those of merchantability or fitness for a particular purpose, is made
with respect to American Web Systems or its services. In addition, American
Web Systems makes no guarantee regarding availability of dial-up services,
connectivity or system functionality. American Web Systems assumes no
liability for failure of dial-up services, connectivity or system functionality
unless such failure is attributable solely to failure of equipment under
American Web Systems's sole and exclusive control.
Service Termination
It is American Web Systems's goal to protect network resources, preserve
the privacy and security of American Web Systems's and our customers'
networks, and maximize the utility of American Web Systems and the Internet.
All of the following are expressly prohibited and may result in service
termination:
· Any attempt to gain access to another member's account.
· Use of service in such a way as to willfully or negligently
burden our servers disk space, CPU, network or other resources or to
effectively use American Web Systems's resources to cause a "denial
of service" for other American Web Systems customers or those connected
to other systems or servers on the network.
· Willful or malicious attacks on another system or server.
· Willful or negligent disregard of the privacy and/or autonomy
of other user(s), notably by sending e-mail or flooding Usenet newsgroups
(spamming).
· Use of Shell Servers.
· Use of IRC "bots".
· Use of electronic mail lists or other mass mailings.
· Performing any act that is prohibited under common law or
the statutes or regulations of the City of Houston, the State of Texas,
the United States of America, or under any applicable international
convention.
· Publishing any material via American Web Systems that violates
any applicable copyright, patent or trademark law or convention.
· Any actions deemed by Management of American Web Systems to
be damaging to the reputation of American Web Systems.
· American Web Systems's procedure is to deal with each net-abuse
case on an individual basis. Based on an in-depth investigation and
a determination of the severity. American Web Systems will take action
against any parties found in violation of this policy. American Web
Systems reserves the right to terminate service at any time and without
warning when a violation of our policy has occurred.
Miscellaneous
American Web Systems is under the jurisdiction of the laws of the state
of Texas and this agreement shall be governed by the laws of the State
of Texas and is subject to the jurisdiction of the courts of the State
of Texas.
If any paragraph or part of this agreement is held to be unenforceable
or invalid, the agreement shall remain in force and effect and the invalid
portion of the agreement shall be treated as if omitted.
This agreement shall be made part of but shall survive other account
or subscription agreement entered by the parties hereto, unless otherwise
specified. We reserve the right to amend our rules, regulations and prices
without prior notice. Whenever possible such shall be made available on
our web site at http://www.ameriwebs.com.
Non-enforcement or waiver of any section of this agreement does not constitute
consent or continuing waiver. American Web Systems reserves the right
to enforce this agreement at its sole discretion.
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