1. Affordable Web Design, Inc. provides Internet World Wide Web page website design, hosting, e-commerce and e-mail services. Affordable Web Design, Inc. has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.
2. Affordable Web Design, Inc.’s general policy is to act as a neutral provider of hosting the web sites; however, we reserve the right to suspend or cancel a customer’s access to any or all services provided by Affordable Web Design, Inc. when we decide that the account has been inappropriately used.
2.1. Assignment of Project and Usage of Web Applications Software and Operating Systems. Affordable Web Design, Inc. reserves the right to assign subcontractors for his services and utilize third party web applications, software, zend optimizer, server, and hardware to insure the right fit for the services as well as support and on-time completion. The license for these applications and software belongs to software vendor and or GNU General Public License.
Specific Acceptable Use Policies
3. Unauthorized use of other people’s accounts or computers
4. Affordable Web Design, Inc. may take preventive measures, including changing the access password, in the event there is any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “social engineering” (tricking other people into releasing their passwords), password cracking or security hole scanning.
5. Any unauthorized use of accounts or computers by an Affordable Web Design, Inc. customer, whether or not the attacked account or computer belongs to Affordable Web Design, Inc., will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.
6. Affordable Web Design, Inc. reserves the right to cancel service at any time. All technical support queries must be made by using our online Technical Support Ticket system at: https://www.affordablewebdesign.com/support. The client is responsible for maintaining current backups of his/her web pages and database. We maintain our own backups in the event of a disaster, however, we do not guarantee the availability or restoration of any lost data.
Commercial advertisements with e-mail
7. Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
8. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
9. Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.
Abuse of Unlimited Traffic and Unlimited Storage
10. The intention of Affordable Web Design, Inc. is to provide a large space to serve web documents, not an offsite storage area for electronic files. All web pages (html) must be ‘linked’ with files (.gif, .jpeg, .exe, etc.) stored on Affordable Web Design, Inc.’s spaces.
Privacy
10.1 At AffordableWebdesign.com we recognize that privacy is important. Our customers information including personal contact information and server data is treated with strict confidentiality and will not be shared except in the limited circumstances outlined in this policy.
10.2 AffordableWebdesign.com collects cookies on our Web site to capture information about page visits. This information is anonymous and we use this information only internally to improve the content we provide to our visitors. Information from the cookies is used to gauge page popularity, analyze traffic patterns on our site and guide development of other improvements to our site. If you choose to communicate to us and provide personally identifiable information about yourself, we will use this information only to respond to your inquiry. We will not sell, rent or otherwise disclose that information to third parties unless required to do so by law or in circumstances outlined in this policy.
Server Service Level Agreement (SLA)
10.3 AffordableWebdesign.com guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within 30 Minutes of identifying the problem. In the event that this guarantee is not met, AffordableWebdesign.com will issue a credit for ten times the actual amount of additional downtime. The amount of compensation may not exceed the customer’s monthly recurring charge. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, cloning hard drives, reloading the operating system, reloading and configuring applications, or rebuilding RAID arrays.
Network Uptime Service Level Agreement
10.4 AffordableWebdesign.com guarantees network uptime to be 100%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time.
Network SLA Exclusions
10.5 Many possible situations are completely beyond the control of AffordableWebdesign.com, and therefore are not in the scope of this SLA. These situations include:
- Scheduled Network Maintenance – occasionally network maintenance will be required. AffordableWebdesign.com will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the e-mail address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
- Hardware Maintenance – on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. AffordableWebdesign.com will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
- Software Maintenance – an important part of managing a dedicated server is keeping the software up to date. If you choose to have AffordableWebdesign.com manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
- Malicious Attacks – if a third party not associated with AffordableWebdesign.com initiates a “Denial of Service” or other form of disabling attack against your Dedicated Server or major portions of our network, AffordableWebdesign.com will do everything in its power to stop the attack, but cannot guarantee a resolution time.
- Legal Actions – In the case that a legal action is taken against a customer of AffordableWebdesign.com and AffordableWebdesign.com is required to act in accordance with the order, AffordableWebdesign.com shall not be responsible for any SLA damages.
- cPanel Issues – if you choose to run cPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. AffordableWebdesign.com will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time.
Network SLA Remedy
10.6 In the event that AffordableWebdesign.com does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime. If AffordableWebdesign.com is or is not directly responsible for causing the downtime, the customer will receive a credit for 10 times the actual amount of downtime. This means that if your server is unreachable for 1 hour, you will receive 10 hours of credit.
Technical and Remote Support Services
10.7 The Services are provided via phone, Internet chat and remote desktop sharing. Remote web support services may require additional software. Client gives AWD support team permission to install, configure, and use such software on Client’s computers.
10.7 To provide the Services, AWD support team must access a computer receiving the Services over the Internet. Client must assist AWD support team in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the AWD support team shall be considered a breach of this Agreement.
10.8 Client warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Client must have administrator rights to the computer, have a back-up of all data on the computer, and provide AWD support team with correct and accurate information.
10.8 Limitations – The Services are subject to change without notice. The Services do not cover hardware repair services, lost or expected profits. AWD does not guarantee against the loss of any file, information, or data. Client is solely responsible for backing up and safely storing its data, information, and files. AWD does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.
10.9 The Services are provided only over Internet chat, and access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for AWD team to deliver their services. Client is solely responsible for providing a broadband Internet connection and access to its computers. Any interruption or disconnection to the Internet may limit AWD’s ability to receive the Services. AWD makes no representations or warranties regarding the availability or quality of the Services or that the Services will be performed in a timely manner. Client authorizes AWD support team to accept, download, install, and use Software and third party software on its behalf.
10.10 Quality of Services: All Services shall be provided using commercially reasonable efforts. AWD makes no representations or warranties that commercially reasonable efforts will restore the computer to a working state, remove any viruses or problems, that all computer operations will be fully functional, or that the Services will increase or modify the speed or efficiency of the computer.
Payment Policies
11. All accounts are billed in advance and service fees are non-refundable. All pricing is guaranteed for the term of pre-payment. Affordable Web Design, Inc. reserves the right to change prices at any time. Credit card orders that are on a “quarterly” or “yearly” basis will be charged automatically to the card number on file. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of e-mail notice or exceeding this time frame in any way is subject to suspension. AWD, Inc. may delete client’s hosting space, web site files, email accounts and all other files and database for non-payment from AWD’s servers without any backup. Client agrees that (s)he will maintain his/her own web site files, email, database and other files and do not rely on AWD,Inc.’s backups. Renewal of account or re-setting up of email or web services may require a new setup fee. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Affordable Web Design, Inc. in writing for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $35 charge. All payment is in U.S. currency.
11.1. Any accounts past due over 60 days will be charged a monthly interest rate of 2.5%. Interest charge will be applied from original due date. Any accounts over 90 days past due will be referred to our attorney or collection agency for collection and your web site will be closed until payment is received.
11.2. Website Hosting Fee – The Client agrees to pay the website hosting fee in advance, on an annual basis according to the then current price for the website hosting services. Due to the nature of our services and labor involved, website design, development , programming, marketing, search engine optimization, and hosting and any other services we offer are non-refundable. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
11.3. In the event of collection of a past due account through court or collection agency, the Client agrees to pay attorney fees, court fees, collection agency fees, or any fees and costs incurred for such collection in full. This Agreement shall be construed in accordance with the laws of the State of Virginia and the place of jurisdiction shall be Prince William County.
11.4. Hosting billing cycle (terms) is yearly (12 months). The Billing Cycle begins on the Plan Activation Date. In order to insure uninterrupted service to your website, hosting plans will automatically renew at the end of the plan’s Billing Cycle. All technical support queries must be made by using our online Technical Support Ticket system at: https://www.affordablewebdesign.com/support.
11.5. Renewals and Cancellations. AWD web site maintenance, hosting, internet marketing and any other service plans mentioned in this agreement will automatically renew until a plan or service is cancelled. Cancellation requests must be received by AWD a minimum of thirty (30) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your service plan. All accounts are billed in advance and service fees, including automatic renewals are non-refundable. Cancellations become effective on the day processed by AWD. AWD is unable to cancel your account effective for a future date. AWD will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact AWD as soon as possible.
11.6. AWD, Inc. does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to AWD, Inc. services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. AWD, Inc. reserves the right to cancel any account, at any time, without notice, for any reason AWD, Inc. considers appropriate.
Lawful Purpose
12. Affordable Web Design, Inc. reserves the right to refuse service to anyone. Customers may only use Affordable Web Design, Inc.’s service for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets.
Indemnification
13. Customer agrees that it shall defend, indemnify, save and hold Affordable Web Design, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Affordable Web Design, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Affordable Web Design, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Affordable Web Design, Inc.’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Affordable Web Design, Inc.’s server.
13.1. You agree to release, indemnify, defend and hold harmless Affordable Web Design, Inc. and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Affordable Web Design, Inc. services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Affordable Web Design, Inc., including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via the Affordable Web Design, Inc. services, or (g) any information, material, or services available on your licensed Affordable Web Design, Inc. Web Site. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Affordable Web Design, Inc. services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
Disclaimer/Limitation of Liability
14. Affordable Web Design, Inc. will not be responsible for any damages your business may suffer arising from or relating to your use of the Site or any goods or services provided by Affordable Web Design, Inc. or obtained in any manner through or in connection with the Site. Affordable Web Design, Inc. makes no warranties of any kind, expressed or implied for services we provide. Affordable Web Design, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, Affordable Web Design, Inc. shall not be liable for loss of data resulting from delays, non delivery, wrong delivery, or any and all service interruptions caused by Affordable Web Design, Inc. or its employees.
15. Without limiting the foregoing, Affordable Web Design, Inc. shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, weather for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.
16. Notwithstanding any other term or provision of this agreement, Affordable Web Design, Inc.’s liability to you or your business for any cause whatsoever, whether arising under this agreement or otherwise, shall be limited to the amount paid by you to Affordable Web Design, Inc. under this agreement within the one year preceding the event (or last in a series of events) which gave rise to the claim. Direct damages subject to this limit shall be your sole and exclusive remedy. All claims for damages must be asserted within one year of the event (or last in a series of events) to which they relate or be forever barred.
17. In no event will Affordable Web Design, Inc. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Affordable Web Design, Inc. has been advised of the possibility of such damages. AWD has no liability for loss of or damage to data or software applications while performing service, designing and troubleshooting the web site. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
18. The provisions set forth above allocate the risks under this agreement between the parties. Affordable Web Design, Inc.’s Pricing reflects the allocation of risk and limitation on liability specified herein. You agree that this allocation and limitation are not unconscionable or unenforceable.
Disclaimer Please Note:
19. AWD, Inc. is not responsible for typographical errors on any page of the www.affordablewebdesign.com website. Prices are subject to change without notice. Please hit the browser’s “refresh” button to see the latest prices.