Terms and Conditions
PLEASE CAREFULLY READ THIS CONTRACT AND AA SERVICE PROVIDER'S ACCEPTABLE USE GUIDELINES BEFORE OPENING OR CONTINUING TO USE AN ACCOUNT WITH AA SERVICE PROVIDER. WITH RESPECT TO SOFTWARE AND DOCUMENTATION FROM A THIRD PARTY PROVIDED BY AA SERVICE PROVIDER, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED FOR USE ONLY (i) WITH THE INTERNET ACCESS SERVICES OFFERED BY AA SERVICE PROVIDER IN CONJUNCTION WITH THE DISTRIBUTION OF THE SOFTWARE AND DOCUMENTATION AND (ii) IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. NO RIGHT OR LICENSE IS GRANTED TO USE THE SOFTWARE OR DOCUMENTATION WITH ANY OTHER INTERNET ACCESS OR OTHER NETWORK SERVICE. THIS CONTRACT, TOGETHER WITH THE ACCEPTABLE USE GUIDELINES, ALL APPLICABLE QUOTES, PRICE LISTS AND SOFTWARE LICENSE AGREEMENTS OF AA SERVICE PROVIDER AND THIRD PARTIES (COLLECTIVELY "THE AGREEMENT" OR "THIS AGREEMENT") REPRESENTS THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN WEB SOLUTIONS, INC. ("AA SERVICE PROVIDER") AND YOU, THE AA SERVICE PROVIDER ACCOUNT HOLDER ("YOU"), AND SUPERSEDES ANY OTHER WRITTEN OR ORAL AGREEMENT PERTAINING TO YOUR AA SERVICE PROVIDER SERVICES. BY USING AA SERVICE PROVIDER SERVICES OR AA SERVICE PROVIDER SOFTWARE, OR BOTH, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. VIOLATION OF ANY PROVISION OF THIS AGREEMENT IS GROUNDS FOR IMMEDIATE TERMINATION OF YOUR AA SERVICE PROVIDER ACCOUNT.
IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF AA SERVICE PROVIDER SERVICES AND AA SERVICE PROVIDER SOFTWARE AND NOTIFY THE AA SERVICE PROVIDER CUSTOMER SERVICE DEPARTMENT TO CLOSE YOUR ACCOUNT. YOU SHOULD RETURN OR DESTROY ALL COPIES OF SOFTWARE PROVIDED BY AA SERVICE PROVIDER INCLUDING THIRD PARTY SOFTWARE DISTRIBUTED BY AA SERVICE PROVIDER. AA SERVICE PROVIDER MAY CHANGE THESE GUIDELINES AND/OR THE TERMS OF SERVICE AT ANY TIME. SUCH CHANGES AND THEIR EFFECTIVE DATE WILL BE POSTED ON THE AA SERVICE PROVIDER WEBSITE OR BROUGHT TO YOUR ATTENTION BY APPROPRIATE MEANS. YOU AGREE TO REVIEW THESE GUIDELINES AND THE TERMS OF SERVICE PERIODICALLY, AND IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU AGREE TO TERMINATE YOUR SUBSCRIPTION OR AUTHORIZED USE BY NOTIFYING THE AA SERVICE PROVIDER CUSTOMER SERVICE DEPARTMENT. YOUR CONTINUED USE OF AA SERVICE PROVIDER SERVICES AFTER THE EFFECTIVE DATE OF ANY SUCH CHANGE CONSTITUTES ACCEPTANCE OF ALL THE CHANGES. "SERVICES" REFERS TO ALL SERVICES AND EQUIPMENT PROVIDED BY OR THROUGH AA SERVICE PROVIDER, INCLUDING WITHOUT LIMITATION INTERNET ACCESS AND THE LICENSING OF AA SERVICE PROVIDER OR THIRD PARTY SOFTWARE.
This Agreement establishes the terms and conditions for all types of accounts offered by AA Service Provider, both personal and business, and the services available through those accounts. AA Service Provider will provide Services on its systems to you in exchange for recurring payment of subscription fees and full compliance with this Agreement. AA Service Provider will publish a notice of fee increases at least 30 days before such increases take effect. AA Service Provider reserves the right to charge and require payment of setup fees prior to activation of any Services. Bundled products may not be unbundled or used separately. You may not lease, rent, transfer or resell AA Service Provider Services or any portion of AA Service Provider Services to any other party in any other way. You may not use AA Service Provider Services to compete with AA Service Provider or promote products or services which compete with AA Service Provider.
AA Service Provider reserves the right to discontinue any and all Services to you at any time, without prior notice or liability, for any conduct which AA Service Provider, in its sole discretion, determines to violate the Agreement or is otherwise harmful to AA Service Provider's interests or the interests of others. AA Service Provider also may limit, restrict or prohibit access to its system resources as AA Service Provider, in its sole discretion, considers appropriate to provide the availability of such resources.
You are responsible for obtaining and maintaining any communications equipment necessary to connect to AA Service Provider services, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with AA Service Provider's requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through AA Service Provider services or other Internet services, and for all use of your account with or without your knowledge or consent.
If AA Service Provider receives complaints or otherwise becomes aware of possible violations of the Agreement, AA Service Provider may, in its sole discretion, initiate an investigation. This investigation may include gathering information from and about account holders and examining the content of personal electronic communications, Web pages or AA Service Provider Personal Pages on AA Service Provider's servers. During any investigation, AA Service Provider may suspend services to any customer being investigated and/or remove the material from its servers. You agree to cooperate with any such investigation. If AA Service Provider determines, in its sole discretion, that a violation of the Agreement has occurred, it may, but will not be obligated to, take enforcement measures as defined in the Guidelines. Violations of this nature could also subject you to criminal or civil liability including monetary damages and a $200 handling fee charged to your AA Service Provider account. You grant AA Service Provider permission to bill this fee to your credit card.
Any use of AA Service Provider software or third-party software distributed by AA Service Provider is governed by the end-user license agreements that accompany the software. Use of such software indicates your acceptance of all terms in any such license agreement.
AA Service Provider Services include access to many areas of the Internet. Some of these areas contain discussion, materials, and pictures that could be harmful, offensive and/or intended for adult audiences. AA Service Provider account holders must be at least eighteen (18) years of age. If you are a minor's parent or legal guardian, you agree: (a) to exercise supervision over the minor's access to the Internet, (b) to assume all risk associated with viewing content or exposing any minor or other person to content in the Internet, and (c) to defend, indemnify and hold AA Service Provider harmless from any claims, losses and damages, including attorney's fees, resulting from viewing content or exposing any minor or other person to content on the Internet.
From time to time AA Service Provider may offer rating systems and filtering software or procedures to help you screen out language or images that you do not wish to receive through your AA Service Provider Services. There is no guarantee that all harmful, offensive, adult or other information you wish to block out will be blocked out because, among other reasons, each rating system depends on the content provider's evaluation and self-rating or on ratings by a third party.
If you are a Web Hosting or Dedicated Service customer, you may request certain Internet filtering options based on network number, protocol or host computer. AA Service Provider will comply with these requests only if made by e-mail from an authorized technician designated by you. Internet filtering services may be subject to additional fees.
AA Service Provider exercises no control whatsoever over the content of information passing through its network or equipment. It is foreseeable that disputes may arise between you and other individuals or entities or between you and AA Service Provider related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from or which are related in any way to the content of information passing through AA Service Provider's network or equipment are your sole and exclusive responsibility. You agree to indemnify and hold AA Service Provider harmless from and against all claims, damages, costs and expenses (including attorneys' fees) which result from or which are related in any way to the content of information passing through AA Service Provider's network or equipment, or to your use of AA Service Provider Services, equipment, bundled software or the Internet. It is your responsibility to use AA Service Provider Services for lawful purposes only. This agreement to indemnify shall survive the termination of the Agreement. You will not assign or transfer the rights and Services granted hereunder to any other person or any other location. Use of AA Service Provider Services, equipment, any bundled software or the Internet constitutes acceptance of this Agreement in full. Use of the Internet and the information available through it is at your own risk.
AA Service Provider reserves the right to extend, limit or alter access to accounts and services that are deliquent under the terms outlined in section 4.0.
To comply with applicable laws and appropriate requests from government and law enforcement to operate our systems properly, or to protect ourselves or our account holders, AA Service Provider reserves the right to access and disclose any information including without limitation to the user names of accountholders, the contents of the of personal electronic communication passing through its network, and any other information it deems necessary or appropriate. AA Service Provider will fully cooperate with law enforcement authorities in investigating suspected lawbreakers. AA Service Provider reserves the right to report to law enforcement any suspected illegal activity of which it becomes aware.
All hardware sold by AA Service Provider to you shall be on an "as is" basis, governed only by any applicable manufacturer's warranty.
For Dedicated Service customers, AA Service Provider offers its Priority Express Service covering the first twelve months after commencement of Services. If notified by you during AA Service Provider's standard business hours (9:00-5:00 Eastern Standard Time), and AA Service Provider's support staff determines that hardware provided by AA Service Provider is not functioning properly, AA Service Provider will ship an equivalent pre-configured replacement by overnight courier to you at no additional charge, provided that you return the faulty hardware to AA Service Provider within 10 days of receipt of the replacement hardware. Any unreturned hardware will be charged to you.
You agree to provide AA Service Provider with accurate and complete billing information, including your legal name, address, and telephone number, and to update this information within 30 days of any change to it. Payment for a AA Service Provider account or Service by fraudulent means will result in immediate and permanent termination of the account, possible civil damages and criminal penalties.
Your AA Service Provider account will be considered delinquent if your balance remains unpaid at the beginning of the next accounting cycle. This includes if the credit card company refuses for any reason to pay the amount billed to it and that amount. All accounts must be paid in advance except invoices on approved Purchase Orders. Invoices based on approved Purchase Orders shall have payment terms of net 30. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled, even if the account is not used by the account holder. You acknowledge responsibility for any account you have opened until payment in full is made. If your account is delinquent, AA Service Provider will not release your domain name.
AA Service Provider reserves the right to charge a service reconnection fee to reinstate suspended accounts.
AA Service Provider reserves the right to charge a $5.00 service charge for each returned check.
Should AA Service Provider determine, in its sole discretion, that you have violated any aspect of the Agreement, then without limiting or excluding any other remedy available to AA Service Provider, AA Service Provider may charge to your account a $200 handling fee.
AA Service Provider Customer Service may be reached by e-mail at: email@example.com, or by calling 508-226-8500.
To cancel your account, you must notify AA Service Provider's Customer Service department in writing. Cancellation requests must include all identifying information as it appears in AA Service Provider's billing records. If the information provided to AA Service Provider for an account does not match the account's records, cancellation may be delayed or prevented. Dial-up cancellations must be received in Customer Service by 5:00 PM Eastern Time on the 25th of the current month in order to be effective for the following month and to avoid charges for the following month. Be aware that cancellation requests directed to other AA Service Provider departments may not be received by the Customer Service Department. All AA Service Provider accounts must be paid in full before a cancellation will be considered complete.
If a AA Service Provider account is canceled, suspended or terminated, AA Service Provider may maintain the account for 30 days. You may contact AA Service Provider within that time to inquire about reopening a suspended account, or forwarding mail to another address. AA Service Provider reserves the right to refuse to forward the mail of any account terminated for violation of any provision of the Agreement. If you do not contact AA Service Provider within 30 days, your account and associated files will be deleted from AA Service Provider's servers, and AA Service Provider will not be able to reopen it or restore files. AA Service Provider is not responsible for maintaining material that it deletes from its servers if the material violates any provision of these Terms and Conditions, or AA Service Provider's Acceptable Use Guidelines.
5.0 "As Is" Services; Limitation of Liability; Indemnification.
The Services provided by AA Service Provider and any equipment owned by AA Service Provider and used by you, are provided AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT AA SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF AA SERVICE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AA Service Provider, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either express or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that AA Service Provider Services will be uninterrupted or error free.
Neither party will be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use AA Service Provider Services, other than for payment of fees due and for indemnification under section 5.3 and 5.4, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through AA Service Provider is at your own risk. Under no circumstances will AA Service Provider be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on AA Service Provider's services and systems.
You agree to waive and hold AA Service Provider harmless from claims related to any action taken by AA Service Provider as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means that you cannot sue or recover any damages whatsoever from AA Service Provider as a result of AA Service Provider's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of AA Service Provider's conclusion that a violation has occurred. This waiver applies to all violations described in the Agreement. IN NO EVENT WILL AA SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR RELATED TO THE AGREEMENT OR YOUR USE OF OR INABILITY TO USE AA SERVICE PROVIDER SERVICES. AA SERVICE PROVIDER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT AA SERVICE PROVIDER'S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR PRODUCTS. In any case, AA Service Provider's entire liability under or arising out of this Agreement will be limited to the amount you paid for the Services in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and AA Service Provider limits its liability in such jurisdictions only to the degree allowed by applicable laws.
You agree to defend, indemnify and hold AA Service Provider harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any of the provisions of this Agreement or your placement or transmission of any materials or content onto AA Service Provider's servers, or from any and all use of your account, with or without your knowledge or consent. This agreement to indemnify shall survive the termination of the Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, excluding its conflict of laws principles. The parties' consent to the exclusive jurisdiction and venue of the state and federal courts located in and serving Bristol County, Massachusetts. The parties submit to the personal jurisdiction of such courts.
Section 5 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.
If any aspect of the Agreement is held to be unenforceable, such aspect will be performed only to the extent necessary and in such a manner t