Terms and Conditions:
This is the agreement between Advanced Internet Marketing (aka AIM, aimwebs.com, AIMWEBS, aimwebs.com, AIM webs, adnetmk.com, AdNetMk), hereafter referred to as AIM, and Account Holder, a subscriber to AIM's internet services.
Payments are to be drawn to: Advanced Internet Marketing.
1.) The Virtual Web Server Internet Account and related electronic services may be used for legal purposes only. Any violations consistent with existing international, federal, state and local laws will be grounds for an immediate termination of service. This includes any and all forms of gambling. Transmission, distribution or storage of any material in violation of international, federal, state and local laws is prohibited and will be grounds for an immediate termination of service. This includes, but is not limited to, material protected by: copyright, trademark, patent, and/or trade secret or other intellectual property right used without proper authorization.
2.) Engaging, advertising, and/or participating in the sending of Unsolicited Email is explicitly prohibited on AIM's servers. AIM defines Unsolicited Email as using any computer or electronic device to send an unsolicited advertisement or electronic mail to an electronic mail address of an individual with whom such person lacks a preexisting and ongoing business or personal relationship unless said individual provides express invitation or consent/permission. Violators of the aforementioned policy are subject to account(s)/service(s) termination, without any refunds.
3.) The Account Holder understands that AIM's servers are not Bulk Email servers, that they are not designed for email only service and that AIM can not allow an excessive volume of mail which can hinder the performance of the server for other Account Holders.
4.) The Account Holder agrees not to transmit, distribute, store, advertise, link to, or make available any images, language, or ideas containing sexually explicit or implicit subject matter. AIM reserves the right to make a final determination in any dispute involving sexually explicit or implicit subject matter. We do not allow any illegal material to be hosted on our servers, up to and including pornographic content, pirated software (WAREZ sites), IRC bots, and MP3 distribution sites. We also forbid our servers to be used to send SPAM email. The first occurrence of a violation of this provision will result in a halt of services to the Account Holder. AIM reserves the right to halt services, for a violation of this provision, with or without notice. Any occurrence thereafter of a violation of the aforementioned provision will result in a termination of account(s)/service(s), and no refunds will be issued.
5.) Account Holder / Re-Seller shall have no power, right or authority to execute any contract on behalf of AIM or bind AIM to any agreement, matter or case, including any AIM Master Service Agreement.
6.) Fees: Payment shall be made in US dollars to AIM. There are NO monthly billing programs. All fees for servers are due in advance. Setup fees from $48 minimum to $148, are part of our fees and are not refundable. Early cancellation of an order may allow a refund in special cases. Once a virtual server is: prepared with files loaded, set up for a client, a user and password are designated and/or the ordering or transfer of a domain name is begun, there is NO refund of fees paid for the services contracted (unless the initial setup of the server fails due to DNS transfer problems). Design fees are due at 50% in advance and the balance, upon completion, within 10 days. If any fees or charges imposed by the bank for any reason result in AIM receiving less than the invoice amount, AIM will reinvoice Account Holder for the difference. If AIM does not receive payment in full of any invoice (with the exception of bank fees and charges) within 30 days, then the Account Holder accepts that AIM will suspend service(s) with the Account Holder until such time as payment is made. Payments in full of any invoice, with the exception of the aforementioned provision, not received within 30 days will result in a termination of service(s) to Account Holder. Any exception granted by AIM to this fee payment procedure shall not limit or abridge the liability or collection ability for charges due and not received, overdue or added; due to actions or requests of the account holder.
7.) The Account Holder understands that Virtual Web Server Internet accounts are provided by AIM on a shared server. Accordingly, the Account Holder's Web Site and services will be shared with other customers' Web Site and services on the same server. The Account Holder understands that poorly written cgi and perl scripts consume a vast amount of AIM's system resources. For this reason, AIM will allow the Account Holder to maintain a maximum of 1000 CPU seconds each day. This policy will be strictly monitored and enforced by AIM's system administrators. If Account Holder is found to be in violation of this provision, AIM's system administrators have the authority to shut down any and all scripts responsible for the violation. If any damages result from a violation of this provision, AIM can and will seek recovery for said damages.
8.) The Account Holder agrees that AIM servers have a monthly bandwidth limit specified. If the Account Holder exceeds this limit, he/she will be subject to a charge equivalent to the amount exceeded. The charge will based on $ 0.15 per MB over the monthly limit. Charges for exceeding bandwidth are due within 10 days of presentation of invoice. Failure to pay an invoice for more than 10 days, will result in an interruption of service(s) until the payment is received.
9.) The Account Holder understands that all accounts on AIM servers have a defined storage space amount. If the Account Holder exceeds the defined storage space limit, he/she will be notified of such occurrence. Additional disk space will be charged at the per MB Server rate, unless it is decreased upon notification. Chronic neglect of disk overage notices and failure to return disk space utilization to the defined amount, or upgrade their service, will result in an interruption of service(s).
10.) The Account Holder understands that AIM attempts to maintain service to its customers 100% of the time. The Account Holder also understands that there are certain problems that can and will occur due to the nature and structure of computers, servers and the Internet. The Account Holder agrees to hold AIM harmless in the event of any such occurrence where service becomes impaired or suspended for an indefinite period of time resulting in the loss of revenue, service(s), or customer(s). There are such circumstances that can and will happen beyond the control of AIM and the Account Holder understand this and holds this to be factual.
11.) AIM owns all right, title and interest in AIM's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how related to the design, function, provisions of services by AIM, and in the related hardware and software systems. AIM makes no claims to any trade names, service marks, inventions, copyrights, trade secrets, patents, or know-how acquired without infringing AIM's rights and used by Account Holder to promote and provide services to Account holder's customers.
12.) AIM's trade names, service marks, inventions, copyrights, trade secrets, patents, and logos may not be copied or linked to by the Account Holder. A violation of this provision will result in a cessation of services until the material in question is removed from the web page.
13.) The Account Holder acknowledges that by reason of its relationship with AIM, it may have access to certain information and materials relating to AIM's business, services, customers, software technology, and marketing strategies that is confidential and of substantial value to AIM. The Account Holder agrees not to disclose any of the above information to any third party. The provisions of this section shall survive the termination of the agreement for any reason.
14.) Under section 230 of the CDA (47 U.S.C. sec. 230), AIM "shall not be treated as the publisher or speaker of any information provided by another information content provider." AIM is not liable in any way for any tortuous statements made on it's servers to any third party.
15.) This Agreement constitutes the entire agreement between parties and supersedes all prior understanding and agreements concerning the services and shall not be modified or altered by written instrument duly executed by the parties. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
16.) Account Holder agrees to abide by any updated modifications or additions of this agreement and all civil laws and prescriptions as posted at http://www.aimwebs.com/terms.html and/ or at http://www.aimwebs.com/terms.html. Account Holder will be responsible for any modifications or changes made to provision "8" of the Account Holder Agreement.
17.) Legal Fees: In the event it becomes necessary for AIM to institute legal proceedings to collect the costs of any fees as set forth herein, or to enforce any provision of this agreement, then and in such proceeding, Account Holder shall pay to AIM all reasonable attorney's fees where permitted by law.
The Account Holder agrees to fully abide by all terms, conditions, rules, and regulations as described above. The Account Holder also acknowledges, under the penalty of perjury, that Account Holder's identification is accurate and correct and they will keep AIM aware of their current legal address. Finally, Account Holder acknowledges that he/she is of contractual capacity under the laws of the United States of America.
By ordering any service(s) from AIM you are accepting all the Terms and Conditions in this agreement as stated and provided. This will be the binding contract between AIM and the Account Holder. If you do not agree to these terms and conditions DO NOT ORDER service from AIM.
Copyright ~ Advanced Internet
Marketing. - AIMwebs.com
http://www.aimwebs.com/ http://www.adnetmk.com /All Rights Reserved.
Design: Rev: 12/28/2005