Active Web Hosting Subscriber Agreement & Contract
Terms of Service (TOS)
Active Web Hosting
213 N Stephanie St G318
Henderson, Nevada 89012
Active Web Hosting of Henderson Nevada will provide web hosting services to customer on the terms and conditions set forth below.
Service Provided
Active Web Hosting shall provide and support computer equipment and software components required for hosting services on the Internet and make such equipment available.
Access Provided
All access to Active Web Hosting equipment and software shall be done through the Internet and no direct connection is provided. As with any internet connections no warranties are made as to the reliability, stability or availability of any communication connection. Customer agrees that Active Web Hosting may add, remove or relocate equipment and this may cause an outage of service for a period of time not to exceed 24 hours. User hereby agrees to hold Active Web Hosting harmless, and hereby agrees to refrain from taking any action, whether legal or otherwise against Active Web Hosting in connection with the aforementioned issue and/or in relation to any damages or loss of data or otherwise that user may encounter or experience in connection with the aforementioned issue.
Payment Terms
Agreement to Pay
Customer agrees to pay $10.00 a month in United States funds per domain name to Active Web Hosting for web hosting services.
Billing Date
Monthly fees will be billed on the first of each month with payment due by the last day of each month. If payment is not received by the due date the service may be suspended or terminated at the sole discretion of Active Web Hosting with 24-hour notice.
Prorating
Monthly fees will include a prorated calculation for any portion of a calendar month.
Price Changes
Active Web Hosting has the right to change its fees at any time by giving the customer a 30-day notice in writing.
Credit Card Payments and Changes
Active Web Hosting does not store nor automatically bill a customer's credit card. It is the customer's responsibility to make payments by the customers preferred method.
Contact Address
For any inquires or notices required in connection with this agreement, customer will contact Active Web Hosting via e-mail at support@activewebhosting.com or in writing at Active Web Hosting, 213 N Stephanie St G318, Henderson, Nevada 89012.
Prohibited Uses of the Service, Indemnity.
Customer shall not use the equipment or service to, directly or indirectly:
invade another person's privacy;
upload, post, publish, transmit, reproduce, distribute or disseminate obscene material or child pornography;
upload, post, publish, transmit, reproduce, distribute or disseminate content which violates any proprietary rights of any third party, or is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
unlawfully promote or incite hatred;
upload, post, publish, transmit, reproduce, distribute or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law, order or regulation;
access any other person's computer, software, or data without the knowledge and consent of such person;
upload, post, publish, transmit, reproduce, distribute, disseminate, create derivative works of, or distribute in any way, information, software or other material obtained through the service which is protected by copyright or other proprietary right;
copy, distribute or sublicense any software or service provided by Active Web Hosting without permission;
service, alter, modify or tamper with the equipment or service or permit any other person to do the same that is not authorized by Active Web Hosting;
restrict, inhibit or otherwise interfere with the ability of any other person to use the equipment or the service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
disrupt Active Web Hosting connection to the network and/or Internet;
use the equipment or service in a way which is contrary to any other Active Web Hosting policy that may be posted by Active Web Hosting from time to time.
upload, post, publish, transmit, reproduce, distribute or disseminate any files that are commonly referred to as "warez", or content about hacking, cracking, spamming, or any other illegal activity.
upload, post, publish, transmit, reproduce, distribute or disseminate any adult material or content.
Engaging in any of the activities listed above may result in immediate termination of this agreement and service. This section shall not in any way limit Active Web Hosting's rights of termination pursuant to Section 9 of this agreement. Customer agrees to indemnify, defend and hold harmless Active Web Hosting and each of its employees, subcontractors and agents from any claims, actions or lawsuits arising from customer's use of the service, including but not limited to, use of the equipment or the service in any manner prohibited under this section.
Content Rights
Active Web Hosting has no obligation to monitor the content on the service. However, customer acknowledges and agrees that Active Web Hosting has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the service properly, or to protect itself or its subscribers. Active Web Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement.
Domain Name and Registration
All domain registrations are owned by the customer and maintained by Active Web Hosting.
Customer gives Active Web Hosting permission to register domains in the customer's name and sign/approve domain contracts. Customer information will be listed on the Internic's whois database.
Customer agrees to pay a $30 domain registration fee for any domain that is canceled with in the first 90 days of service and transferred to another hosting company.
Customer understands and agrees that Active Web Hosting does not renew domains that are not being hosted by Active Web Hosting.
Customer Information
Credit Inquires
Customer authorizes Active Web Hosting to make inquires and to receive information about customer's credit history from others, enter this information in customer's file, and disclose such information concerning customer to third parties.
Information Collection and Disclosure
Customer agrees that Active Web Hosting may, from time to time, collect information concerning customer's use of the service. Customer agrees that such information may be shared with other third parties provided that Active Web Hosting (i) does not disclose any personally identifiable customer information to others, except as allowed by law, and (ii) otherwise complies with any and all applicable privacy laws.
Termination and Expiration
Hosting cannot be canceled within the first 30 days of service.
Customer agrees to pay a $30 domain registration fee for any domain that is canceled with in the first 90 days of service and transferred to another hosting company.
Termination Rights
Either party may terminate this agreement at any time, after the first 30 days, by providing the other party with no less than twenty-four (24) hours written notice of such termination. Termination within the first 30 days will not qualify to receive a refund.
Customer Obligation Upon Termination
Customer agrees that upon termination of the agreement, customer will pay Active Web Hosting in full for customer's use of the service up to the effective date of termination of this agreement.
Limited Warranty
THE SERVICE IS PROVIDED BY ACTIVE WEB HOSTING "AS IS" WITHOUT WARRANTY OF ANY KIND. ACTIVE WEB HOSTING DOES NOT WARRANT UNINTERRUPTED USE OF THE SERVICE. ACTIVE WEB HOSTING DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED.
Back-up Requirements
Customer acknowledges that the installation, use, inspection, maintenance, repair and removal of the equipment belonging to Active Web Hosting may result in service outages. In recognition of the potential for service outage, customer hereby agrees to back-up all existing computer files by copying them to another storage medium and failure of customer to do so is acknowledged by customer to be at customer's own peril. Customer understands and agrees that Active Web Hosting and its employees, subcontractors or agents, shall have no liability whatsoever for any damage to or loss or destruction of any customer's software, files or data and customer hereby agrees to waive and forego any right of action that Customer might otherwise have whether by making a claim or through filing a lawsuit against Active Web Hosting in connection with any damage or injury allegedly related to any service outage.
Viruses
Active Web Hosting may run a third party virus check software on equipment. Active Web Hosting does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. Moreover, if a virus is found, Active Web Hosting may treat the virus using the third party virus check software, and this may result in damage to customer's software, files and data. In addition, software or other content downloaded from the service may contain a virus, lock, key bomb, worm, trojan horse or other harmful feature and Customer understands and agrees that it is the customer's sole responsibility to take appropriate precautions to protect customer's computer from damage to its software, files and data as a result of any such virus, lock, key bomb, worm, trojan horse or other harmful feature. Customer understands and agrees that neither Active Web Hosting nor any of its employees, subcontractors or agents shall have any liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus, lock, key bomb, worm, trojan horse or other harmful feature and customer agrees to hold Active Web Hosting harmless for any damage or loss sustained by customer as a result of.
No Liability for Content
Customer should be aware that there may be some content on the Internet or otherwise available through the service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content, which is pornographic or otherwise inappropriate or offensive, particularly for children. Active Web Hosting assumes no responsibility for the content contained on the Internet or otherwise available through the service. All content accessed by customer through the service is accessed and used by customer at customer's own risk, and Customer understands and agrees that Active Web Hosting and its employees, subcontractors or agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by customer and customer agrees to hold Active Web Hosting harmless for any damage or loss sustained by customer as a result of. Content questions or complaints should be addressed to the content provider. Active Web Hosting specifically disclaims any responsibility for the accuracy, quality and confidentiality or information obtained through the service.
Limitation of Liability
Unless otherwise specifically provided in this agreement, Customer understands and agrees that neither Active Web Hosting nor any of its employees, subcontractors or agents, will be liable to customer or to any third party and customer agrees to hold Active Web Hosting harmless for any damage or loss sustained by customer as a result for:
any direct, indirect, incidental, special, punitive or consequential losses or damages, including but not limited to loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the service by customer or any other use of the equipment, including, without limitation, any damage resulting from or arising out of customer's reliance on or use of the equipment or service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, misdeliveries, transmission, or any failure of performance of the equipment or service;
any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the equipment or service by customer or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party.
Customer understands and agrees that the limitations set forth in this section apply to any acts, omissions, negligence and gross negligence of Active Web Hosting and its employees, subcontractors or agents, which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine.
It is expressly understood and agreed by Customer that Customer's sole and exclusive remedies under this agreement are as expressly set out in this agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitations or exclusions may not apply to you.
Bandwidth
Bandwidth is defined as the connection speed to the Internet. Active Web Hosting provides direct connection to the Internet at the maximum speed the line provider will allow on the current connection. Customer understands and agrees that all customers on the service share the bandwidth provided by Active Web Hosting. Customer also agrees that no private, dedicated, or guaranteed bandwidth is provided for customers use.
The use of bandwidth is for transmitting of web pages and web page content. This is to include all objects that are used in the proper display of web site content. This does not include software distribution, high activity graphic files, music, video, executable, nor compressed file distribution.
Amendment
Active Web Hosting may, in its sole discretion, change, modify, add or remove portions of this agreement, and the service provided there under, at any time. Active Web Hosting will notify customer of any such changes by posting notice of such changes on the service, or sending notice via e-mail or postal mail. Customer's continued use of the service following notice of such change shall be deemed to be customer's acceptance of any such modifications. If customer does not agree to any such modification, customer must immediately stop using the service and notify Active Web Hosting that customer is terminating this agreement in accordance with Section 9 of this agreement.
Governing Law
This agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Nevada. Customer may not bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
General
This agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this agreement and supersedes and replaces any and all prior written or verbal agreements, if any. In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Active Web Hosting's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement.
Active Web Hosting
213 N Stephanie St G318
Henderson, NV 89074
phone 702-449-2337
e-mail: sales@activewebhosting.com
