Terms of Service Agreement:
By using our Web hosting services, you agree to comply with our policies. You are expected to use the internet with respect, courtesy, and responsibility, giving due regard to the rights of other internet users. When customers place information on the internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of people, a user’s postings to the internet may harm our goodwill, business reputation, and operations. For these reasons, customers violate our policy when they, their affiliates, or subsidiaries engage in the prohibited activity described herein. We expect you to have a basic knowledge of how the internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are examples of unacceptable uses: illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software or other copyrighted work, violation of U.S. export restrictions, harassment, fraud, drug dealing, and other illegal activities.
Interpretation:
The provisions of this policy are intended as guidelines and are not meant to be exclusive. Generally, conduct that violates applicable laws, regulations, or the accepted norms of the internet community, whether or not expressly mentioned in this policy, is expressly prohibited. AMPHION Communications reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Billing:
AMPHION Communications offer online access to your invoices and payments. We expect you to review your transactions on a continued base. AMPHION Communications also emails invoices and charges.
If you feel that you have been billed incorrectly, you must contact AMPHION Communications' billing department within 30 days of the billing error. Transactions or invoices dating more than 30 days old cannot be dismissed.
Purposes of Use:
By using our Web hosting services, the Customer wants to have Internet Presence provided by AMPHION Communications; the website content is to reside in a dedicated server computer that is integrated into the Internet As a World Wide Web service provider, AMPHION Communications provides Internet web hosting, e-commerce, and associated services. This server computer will send and receive information as related to the World Wide Web. The server computer is to be selected designated and located at the sole discretion of AMPHION Communications.
AMPHION Communications servers may be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, indecent, defamatory, constitutes an illegal threat, or violates export control laws.
AMPHION Communications will have complete discretion to define what is offensive or otherwise unacceptable. and will be the sole arbiter as to what constitutes a violation of our policies. This agreement can be voided by AMPHION Communications immediately if Customer fails to disclose (or conceals or misrepresents) any involvement with pornographic or otherwise illegal products or services. In addition, AMPHION Communications may, in its complete discretion, refuse the use of any other material that it deems inappropriate or harmful.
The agreement hereby is intended to cover one web site only, and is for the sole use of the Customer specifically named above and does not extend to any other person or entity.
The utilization of any data or information received by Customer from the utilization of the service to be provided by AMPHION Communications is at Customer's sole and absolute risk. AMPHION Communications specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
System and Network Security:
Violations of system or network security are expressly prohibited, and may result in criminal and/or civil liability. Examples include, but are not limited to, the following: (a) unauthorized access (often known as hacking), use, probe, or scan of a systems security or authentication measures, data, or traffic; (b) interference with service to any user, host, or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks; (c) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and (d) other destructive activities.
Misuse of System Resources:
It is a violation for anyone who employs posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for their own account, or resale of access to scripts installed on our servers. AMPHION Communications may, from time to time, determine other actions which constitute a misuse of system resources.
Disk space utilized by our web hosting clients is for web content only. Web content includes text and graphics that are for display on web pages within a web browser. Disk space may not be used for backups or archiving of content that will not be displayed in a web browser. This is considered offsite storage and will not be allowed under any circumstances. Clients who misuse disk space and directly or indirectly attempt to circumvent our policies, may be subject to immediate termination without a refund.
Bandwidth utilized by our web hosting clients is for the display of web content only. Web content includes text and graphics that are for display on web pages within a web browser. Bandwidth may not be used for download sites that offer software distribution via the web. That includes software distribution via a web browser or FTP client. Clients who misuse bandwidth and directly or indirectly attempt to circumvent our policies, may be subject to immediate termination without a refund.
Hacked software on AMPHION Communication's servers: If the website of a client is hacked by a third party. AMPHION Communications has the right to suspend and/or terminate the client's account at its sole discretion without a refund. Efforts by AMPHION Communications to restore the account from an existing backup or to repair the functionality damaged by the hacking will be billed to the client's account.
Spamming:
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site. Spamming is harmful because it can negatively impact consumer’s attitudes toward us, and can overload our equipment as well as disrupt service to subscribers.
It is contrary to AMPHION Communications policy for customers to use our servers to effect or participate in any of the following activities:
1. To post to any usenet or other newsgroup, forum, e-mail mailing list, or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
2. To send unsolicited mass e-mailings;
3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a AMPHION Communications provided server, or using a AMPHION Communications provided server as a maildrop for responses;
4. To falsify user information provided to AMPHION Communications or to other users of the service in connection with use of a AMPHION Communications service; or
5. To attempt without authorization to enter into a secured computer system.
Consequence of Violation:
When AMPHION Communications becomes aware of an alleged violation of its Acceptable Use Policy, AMPHION Communications will initiate an investigation. During its investigations, AMPHION Communications may restrict a customer’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, AMPHION Communications may, at its sole discretion: (a) restrict, suspend, or terminate a customer’s account without a refund, (b) remove information that violates our policies, (c) implement screening software to block transmissions, (d) pursue any other civil remedies, and/or (e) take any other action we deem appropriate. Failure to cooperate with our corrective or preventive measures is a violation of our policy. If such violation is a criminal offense, AMPHION Communications will notify the appropriate law enforcement department of such violation.
AMPHION Communications does not issue service credits for any outages incurred through service disablement resulting from policy violations.
Privacy:
We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our clients’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our clients unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations, or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our clients from harm, or where such disclosure is necessary to the proper operation of the system.
Indemnity:
We wish to emphasize that by accepting our web hosting and/or internet related services, clients indemnify us for any violation of the client and/or user of this policy, or of law, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the user that violate any law, or this policy, the user will pay any damages awarded against us, plus costs and reasonable attorneys’ fees. You further agree that AMPHION Communications and any other parties involved in creating, delivering, and hosting web sites by or on behalf of AMPHION Communications have no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site.
This web site (excluding linked sites) is controlled by AMPHION Communications from its offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this web site both you and AMPHION Communications agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site.
You and AMPHION Communications also agree and hereby submit to the exclusive personal jurisdiction and venue of the applicable courts of Broward County, FL and the United States District Court for the Central District of Florida with respect to such matters. AMPHION Communications makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Limitation of Damages:
With respect to the services to be provided herein, the Customer acknowledges that AMPHION Communications makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that AMPHION Communications shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions. AMPHION Communications agrees to exert reasonable diligence in resolving any situation related to the services offered.
Cancellation Policy:
The following is AMPHION Communications' cancellation policy for Web hosting services, after the money-back guarantee period. If for whatever reason an account is cancelled prior to the termination of the contracted payment period (the "contract"), the account will incur the following charges. All accounts will incur a $50 cancellation fee. Additionally, If there were any fees waived at the time of sign-up, such as, and including, set-up fees, pre-paid discounts, etc., such fees will be charged at the time of cancellation, along with the amortized amount of time actually used on the contract.
Permitted use of our Trademarks:
AMPHION Communications trademarks identify AMPHION Communications products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article without our permission), provided you follow standard trademark usage practices and provide proper attribution. Other uses require prior written permission from AMPHION Communications. Please make such requests by email. We will evaluate your request as soon as possible.
In addition, you may not use AMPHION Communications trademarks, whether design or word marks, in the following ways:
1. In a non-AMPHION Communications product name or publication title;
2. In, as, or as part of your own trademarks;
3. To identify products or services that are not AMPHION Communications;
4. In a manner likely to cause confusion;
5. In a manner that implies inaccurately that we sponsor, endorse, or are otherwise connected with your own activities, products and services; or
6. In a manner that disparages AMPHION Communications.
Commercial use of our Web Images:
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the AMPHION Communications web site is strictly prohibited without the express written permission of AMPHION Communications.
Payment terms for Website Development, Programming and other services:
Payment schedule and payment method is specified in the described Proposal/Quote or on our website. AMPHION Communications may stop work on the project if AMPHION Communications believes in good faith that the timely payment of any monies due has been or will be impaired. Work under development will be available for reviewing by the customer in a staging server. Final installation of the project on the Customer's server of choice will not be required until the agreed upon funds have been received and accepted by AMPHION Communications. AMPHION Communications reserves the right to hold the Customer and/or its authorized agents jointly and severally liable for any and all amounts owed. If payments are not made in a timely manner, AMPHION Communications, at its option, may terminate this agreement immediately. Invoicing for web site hosting will be billed in advance, with payments of the service fee for through the end of the period due upon inception. In the event that Customer shall fail to pay for such services in advance of the agreed period, then AMPHION Communications shall be entitled to unilaterally terminate this agreement, and at its sole discretion, AMPHION Communications may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension shall require a $50 re-connect fee.
Modification of Terms:
AMPHION Communications reserves the right to add, delete, or modify any provision of this policy at any time without notice.
Reporting Network abuse:
Any party seeking to report any violations of AMPHION Communications's policy may contact us via e-mail at: abuse@amphionweb.com. Please send a detailed report of it to the foregoing e-mail address.
Assignment:
The Customer may not assign this agreement, in whole or in part, without AMPHION Communications' written consent. Any attempt to assign this agreement without such consent will be null and void.
Relationship:
The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venture, or any other similar entity.
Governing Law:
This agreement will be governed by and construed in accordance with the laws of she state of Florida, United States of America.
Interpretation:
The format, words and phrases used herein shall have the meaning generally understood in the Telecommunications/Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
Entire Agreement:
This agreement and any attachments are the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter, provided that all pricing will be governed by the corresponding Quote/Proposal or section of our site. The terms and conditions of this agreement will prevail over any contrary or inconsistent terms in any purchase order. This agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
Severability:
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
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