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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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