ACTWD is a leader in creating and servicing domain names and web sites for Internet users throughout the nation. In order to effectively continue its purpose and create a business relationship between ACTWD and its Customers, ACTWD has set forth the following terms and conditions which shall govern this Agreement between the parties. These terms and conditions are intended for the purpose of establishing operating principals.
This Agreement between the parties shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein and in Schedule A attached hereto and made a part hereof.
ACTWD shall invoice CUSTOMER for services rendered in accordance with the terms and conditions set forth both herein and in Schedule A attached hereto.
CUSTOMER agrees that it shall not use excessive amounts of CPU processing on any of ACTWD’S servers. Any violation of this policy may result in CUSTOMER’S immediate termination at the sole discretion of ACTWD without prior notice. In the event that ACTWD elects to terminate CUSTOMER on this basis, CUSTOMER shall be entitled to a refund as set forth herein.
BAND WIDTH USAGE
CUSTOMER agrees that BAND WIDTH usage shall not exceed the number of megabytes per month as set forth in Schedule “A” attached hereto. This usage shall be monitored by ACTWD and shall be measured on the HTTP port. Any BAND WIDTH usage in excess of the agreed upon number of megabytes per month may result in the immediate termination of CUSTOMER at the sole discretion of ACTWD without prior notice. In the event that ACTWD elects to terminate this Agreement, pursuant to this provision, CUSTOMER shall not be entitled to a refund.
BULK E-MAIL AND SPAMMING
It shall not be permissible for CUSTOMER to engage in any bulk E- mailing or use of mail servers or mail relays (commonly referred to as “SPAMMING”). In the event that CUSTOMER engages in such activity, ACTWD may elect to immediately terminate CUSTOMER at its sole discretion without prior notice to CUSTOMER. In the event that ACTWD terminates CUSTOMER pursuant to this provision, CUSTOMER shall not be entitled to a refund. Forwarding 10 unsolicited pieces of mail within a 24 hour period shall be considered “spamming”. CUSTOMER shall be liable to ACTWD for any and all damages caused as a result of CUSTOMER’S failure to comply with this provision.
Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit ACTWD’S right to terminate CUSTOMER immediately and without prior notice for improper use and violations as set forth herein.
In the event that ACTWD elects to terminate CUSTOMER as a result of its improper acts and breach of the terms and conditions contained herein, CUSTOMER shall not be entitled to a refund of the balance. IN NO EVENT SHALL CUSTOMER BE ENTITLED TO A REFUND OF THE SET UP FEE.
In the event CUSTOMER elects to terminate this Agreement, same shall be considered a breach and CUSTOMER shall not be entitled to any refund.
In the event that ACTWD elects to terminate CUSTOMER without cause, CUSTOMER shall receive a full refund of any balance. However, if CUSTOMER terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of the Set Up Fee or any remaining balance.
CUSTOMER agrees that ACTWD shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
CUSTOMER further agrees that ACTWD shall not be liable for any damages or losses sustained by CUSTOMER for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
CUSTOMER agrees that it shall not hold ACTWD liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
IN NO EVENT SHALL ACTWD’S LIABILITY EXCEED THE TOTAL VALUE PAID TO ACTWD BY CUSTOMER.
REPRESENTATION AND/OR WARRANTIES
ACTWD makes no representations and cannot guarantee that CUSTOMER’S domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. CUSTOMER shall not hold ACTWD liable for any damages, injuries or losses incurred by CUSTOMER as a result of any action instituted by a third party.
CUSTOMER understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. ACTWD MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ACTWD BE LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER. IN NO EVENT SHALL ACTWD’S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN ACTWD AND CUSTOMER.
CUSTOMER will ensure that its use of the Internet and any service provided by ACTWD to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortious interference with business, invasion of privacy, and pornography*. In the event that CUSTOMER violates this provision, ACTWD shall have the right to consider same a breach of this Agreement by CUSTOMER which shall entitle ACTWD to terminate CUSTOMER immediately without prior notice.
* It shall be within the sole discretion of ACTWD to deem material as pornographic or inappropriate.
INTEGRITY OF INFORMATION
CUSTOMER is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
CUSTOMER shall be solely responsible for protecting the security of its Internet account and usage. CUSTOMER’S password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. ACTWD shall not be liable for any breach of security caused by CUSTOMER or third parties. IN NO EVENT SHALL ACTWD’S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN ACTWD AND CUSTOMER.
ACTWD will use its best efforts to maintain the integrity and security of CUSTOMER’S password.
RESALE OF WEB SPACE
CUSTOMER may resell web space within their own account. CUSTOMER, however, shall remain solely responsible for the entire domain site content. The same Terms of Service Agreement shall govern any domain site resold within
DOMAIN NAME OWNERSHIP
CUSTOMER shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. CUSTOMER shall make payment directly to the issuer. Under no circumstances shall ACTWD be responsible for this cost. .
CUSTOMER agrees to indemnify and hold ACTWD harmless in any legal action which arises as a result of CUSTOMER’S use of ACTWD services, without limitation or exception including, but not limited to any action brought against CUSTOMER by a third party.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of New Jersey and jurisdiction shall lie within the State of New Jersey. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW JERSEY.
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
The terms and conditions of this Agreement may be modified at the discretion of ACTWD with 30 days notice to CUSTOMER.
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify ACTWD via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute CUSTOMER’S acceptance of same.
If not canceled by CUSTOMER, this Agreement will automatically self-renew after a twelve (12) month period for an additional twelve (12) month period.
CUSTOMER’S failure to properly notify ACTWD of its objections to any of the terms and conditions set forth herein shall constitute CUSTOMER’S acceptance of same.
This Agreement shall automatically renew itself for an additional twelve month period unless otherwise canceled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, CUSTOMER agrees to be bound by the Terms and Conditions currently in effect