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Internet Products and Services Terms and Agreement

By using our Internet Products & Services, you thus agree and accept the following Agreement:

All Web Now is able to provide clients with unmatched speed, power, and performance only by ensuring that all system policies are enforced.
It is the responsibility of all All Web Now clients to read and abide by our system policies. Below are the policies that all clients acknowledge reading and agreeing to:

THIS AGREEMENT is entered by and between All Web Now and Client.

Domain Name Policy

SECTION 1: DOMAIN NAMES REGISTERED THROUGH ALL WEB NOW

When you purchase a domain name (i.e. www.yourname.com) for 12 months, your domain name will renew automatically within 45 days before the domain name expiration date. The current credit card on file will be used to automatically process this renewal unless requested otherwise by the card holder. Your domain name will be automatically renewed at the annual price of $14.95 regardless of original or past discounts. If your account is NOT in good standing, you will be asked to renew this manually and update your funding source (usually credit card). If you fail to renew your domain name, or do not wish to renew anytime before 29 days after the expiration date, it will expire completely. The domain name will be inaccessible. It will not be able to be registered, transferred or renewed until it is release to the public 84 days after the expiration date (this 84 days includes the 29 days above) . After the 84 day period is reached, your domain name will then be able to be re-registered in your name (assuming no one else has registered it before you). There are no refunds on domain name registrations or renewal purchases. This is due to ICANN's policy which does not allow a domain name to be deactivated once activation has taken place.

Note: As long as you’re an active web hosting client within 60 days of the domain name expiration date, we will automatically renew your domain name (still owned by you), even if payment isn’t received on or before the exact domain name expiration due date. This ensures that your domain name stays safe in your name no matter what happens. At other registrars, if you don’t pay on time your website and domain completely goes offline for 90 days. The only way to get it back is to pay a standard ICANN $160 redemption fee. So, if for some reason you can't pay the fee and All Web Now somehow does not renew your domain name on accident per our agreement, we will then pay the $160 redemption fee for you in order to get your domain name back. This is almost unheard of in the industry and is another feature that sets us apart from many other hosting providers and registrars.

SECTION 2: DOMAIN NAMES REGISTERED THROUGH ANOTHER REGISTRAR

If you purchase your domain name at another registrar, it is solely your responsibility to manage and keep that domain name's contact information up to date. For example, if it expires or is re-registered in someone elses name by accident or any other circumstance due to outdated contact information or non-payment, it is the domain name owner's responsibility to pay any redemption fees or bids to re-aquire that domain name. In no way is All Web Now held accountable for domain names registered at any other registrars. At any time, you may transfer your domain name to All Web Now. If you do so, the domain name policy from section 1 above will automatically apply to you once the transfer is completed. For more infromation on transferring click here.

Appropriate Usage Policy

1. All Web Now reserves the right to refuse service or cancel existing accounts for any reason at any time. In the event of an account cancellation by All Web Now or the customer, All Web Now will not issue a refund.

2. All Web Now reserves the right to change fees at any time.

3. All Web Now is not responsible for lost revenue, traffic, or data caused by server down time or failure, domain name transfers, or any other error - mechanical or human.

4. Clients of All Web Now are forbidden from partaking in an "abusive practice." The following is a list of current abusive practices. All Web Now reserves the right to add to or modify this list at any time.

Sending unsolicited commercial e-mail with your account. Also, a violation is incurred if any unsolicited email is reported relating to your domain with us in anyway, regardless of what SMTP (outgoing mail server) was used to transmit the message.
Upload, posting or reproducing in any way materials protected by copyright without the permission of the copyright holder.
Participating in an abusive practice will lead to an immediate account termination without prior notice or refund of any pre-payment.

5. Clients of All Web Now are bound to all system policies not specifically listed within this agreement. Violation of any of these system policies will result in an immediate account cancellation without refund or access to hosted files.

6. This agreement is not assignable or transferable without the express written consent of All Web Now.

7. All Web Now's web hosting/server services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any state regulation is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

The client specifically agrees to indemnify and hold harmless All Web Now from any claim resulting from a breach of these terms, and/or the use of the service which damages another.

8. This agreement constitutes the entire agreement between the parties hereto.

Unacceptable Content

Illegal content is not allowed on our servers under any circumstances. If anything illegal is found your account you will be warned one time. If it happens again your account will be terminated with no warning. The following items apply:

Pirated Software - Any software that is not owned by you or free to the public.
Pornography - Any pornographic material.
Copyright MP3's - Any MP3 that is not owned by you or free to the public. You must have written permission to distribute the MP3.
Violence - Any content that promotes violence in any way.


Spam / UCE Policy

Recent growth of the Internet has brought about more possibilities for abuse of this new communications medium. Thus, All Web Now has developed the following policies regarding abuse of Internet services. These policies were established to protect you, our customer, form Internet harassment and intrusions of privacy.

"Netiquette" is a term which has come to receive widespread use on the Internet. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible Internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the Internet.

The Internet has no single governing body. There is no Internet Management to complain to when things go wrong. Every facet of the Internet is overseen by individual organizations (such as All Web Now) whose networks are interconnected to form the Internet. Additionally, every user of the Internet is responsible for his/her own behavior.

Due to the decentralized system of responsibility, the Internet has managed to retain a sense of "community". Even though many large, commercial entities have recently come online, most of the information on the Internet is made available through the efforts of Internet citizens around the world who have a desire to simply share information with other people.

Because the Internet is simply an interconnected set of similar networks, each entity using the Internet assumes some liability for the cost associated with traffic and storage. When the costs of storage space and transmission are all figured together, a single newsgroup posting can cost the collective Internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit e-mail. Therefore, someone using e-mail or news postings for abusive purposes can create a large financial impact on the individual networks involved.

Aside from the financial costs, individuals who have fallen victim to some sort of Internet abuse have other costs including decreased effectiveness of the Internet. For example, someone besieged by SPAM e-mail (a massive bulk e-mail message to subscribers who did not indicate any desire to receive such e-mail) spends additional time downloading and responding to e-mail which was not requested in the first place. A newsgroup subscriber may see their favorite newsgroup overrun with meaningless off-topic advertisements; thus, obscuring any effective information still remaining in that newsgroup.

When an All Web Now customer performs one of these abusive activities, All Web Now pays the price as well. The additional time All Web Now employees spend responding to complaints could be better spent providing other services. If the name "All Web Now" or domain name "allwebnow.com" appears anywhere in the e-mail headers, we will get complaints. In particularly egregious incidents, angry Internet users have been known to "mail bomb" an ISP by setting up programs to send so much e-mail that the ISP's mail server crashes thereby denying e-mail access to every customer of the ISP. Our system is robust enough to escape most of these types of activities. However, All Web Now cannot escape every undesirable activity.

Because of the potential consequences of this type of activity, All Web Now disapproves of this type of behavior by its customers. Any All Web Now customer who abuses the resources of the Internet in any of the following ways will lose their access to the All Web Now network permanently. This includes:

1. Excessive posting of e-mail to Internet users who previously have not indicated a desire to receive such e-mail;

2. Posting messages to multiple Internet newsgroups which are not immediately relevant to the topics of the newsgroups;

3. Posting advertisements on groups that don't specifically permit advertising. (How do you know? Watch the group for a while before you post blindly. If other people are advertising openly, then you are pretty safe doing the same. Don't advertise unless you are sure.)

4. Illegal advertising on the All Web Now network.

5. Suspicious software or settings configured on their server or web hosting space.

There are literally thousands of advertising and marketing resources that are effective and are available for low or no cost. These include classifieds on every one of the thousands of malls on the Internet. This is not to say that advertising on the Internet is not allowed. It simply means that All Web Now reserves the right to cancel the account of any subscriber who advertises inappropriately especially through the use of unsolicited mass mailings and spamming using All Web Now's Network.

If the subject of Internet abuse is still unclear, please see one of the following URLs:

http://marketing.tenagra.com/rfc1855.html

http://www.vix.com/spam/

Any subscriber who violates the SPAM policies of All Web Now will be charged $125.00 per hour for the time it takes to "clean up" the SPAM. This shall include but not be limited to the time required to answer mail from recipients of your SPAM and/or repair any damage to the server due to the "mail bombing" or other actions of the recipients in response to the SPAM.

All Web Now will turn provide the name and personal information of any person found to be in violation of any laws to the appropriate state and/or federal officials for further legal action.

CGI Usage Policy

Our servers are not your testing platforms. User accounts are on high end, live server responsible for maintaining many accounts. Your site space is being provided to display your finished product to the web - NOT for testing purposes. If you are uploading a script to our server, you acknowledge that you have already tested your script elsewhere and that you know how to install the script. Any script that the on duty administrator deems to be potentially threatening to the overall performance of our web server will be terminated immediately and your account access will be locked out. When scripts are executed that are potentially harmful to the server in the long term, the offending account will be terminated immediately without a refund of any pre-paid fees. A termination includes the purging of all files.

Please note the following cgi usage policies:

The script must use low system resources. Scripts that consume a large amount of server memory or CPU power will be subject to termination, and/or additional fee.
Each user account may not use more than 1% of system resources at any given time.
Scripts may not interact with any server configuration or hardware. Users running scripts that interact with any server configuration or any hardware will be subject to immediate cancellation of the user account without refund.
The script can be used and referenced from any site on the Net (i.e. free counters, etc.); however, scripts must stay within the allowable usage of our system resources. Users using more resources than a single user account is entitled to use will be assessed additional monthly charges.
The script must be executed in a timely fashion. Any script that uses the processor for more than a few milliseconds is subject to removal.
Scripts must be secure. Unnecessarily chmoding scripts to 777 is a policy violation.
Placing scripts in a publicly viewable directory (one without an index.html files) is a policy violation.
Any accounts with scripts found in violation of any All Web Now policy are subject to future scrutiny of all cgi by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by All Web Now to kill a script and/or to lock an account will be billed to the account at a rate of $50.00 per hour. Malicious scripts are subject to immediate account cancellation.

Bandwidth Usage Policy

The official All Web Now policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it's allotment of bandwidth for its type of account, the customer will be charged an additional $2.00 per GB over over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the customer is expected to be responsible for higher charges based on the amount of data transfer. The customer acknowledges, in advance, that he/she will be charged an additional $1.00 per GB per month if the bandwidth exceeds the allotment for the users account.

The customer will be e-mailed a notice once an additional amount is assessed to the customer account. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.

Customers have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner's account from any other service.

Sub-Domains Policy

Sub Domain accounts allow webmasters who own more than one domain to host them using the same resources as their main account. These accounts are NOT to be used as resalable accounts. They will be accessible with the same user name and password as the default account.

Account holders can have a sub-domain added to their main account instead of purchasing another full virtual account.
Additionally, all FTP/POP accounts, bandwidth, disk space, etc. will use the admin account. These accounts can be setup with domain.com to point to existingdomain.com/domain/.

RESTRICTION:

A secure FTP directory may NOT be requested for this account. This means that you may not request one of your FTP accounts to log into this second domain; however, you may have a secure directories within the domains.

Billing & records policy

All customers of All Web Now must abide by all the terms set forth in this and all other policies. Violation of any of these terms can and will result in the immediate termination of an account.

The billing cycle will begin immediately after the initial payment. Although rare, prices are subject to change in the future, but are guaranteed through the paid billing period.

SECTION 1.0: ACCOUNT PAYMENT.

SECTION 1.1: PAYMENTS VIA CREDIT CARD. All Web Now is happy to accept payment via Master Card, AMEX, Visa and Discover card. Usage of a credit card indicates an authorization to cover all future monthly and additional fees with the credit card on file. Credit cards will be charged every thirty days based on the initial date the transaction was processed. We use various fraud prevention methods to protect us, our merchant account, our bank and the customer who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder and requiring the holder to give the AVS code on the back of their card. If a user attempts to obtain our services using a fraudulent credit card, this user's web hosting/server account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We take credit card fraud very seriously. If you have received a credit card statement with our company name on it, and did not order our services, please Contact us immediately. Your credit card statement will be billed as All Web Now.

SECTION 1.2: OTHER PAYMENT TYPES. Please understand that we only accept money orders, personal checks, and cashiers checks for our clients using our web development services, and our semi and annual web hosting/server packages.

SECTION 2.0: LATE / NON-PAYMENT.

SECTION 2.1: ACCOUNTS WITH NON-USABLE CREDIT CARDS.
Credit cards on file are non usable when any of the following occur:

1. The card has expired;
2. The card declines our charges for any reason;
3. The card is reported lost or stolen;
4. The card is declared invalid by our processing system.

If a credit card payment fails, the customer will be sent an e-mail with 15 days to rectify the situation either with a new payment method or updating the credit card. The charge will be re-attempted periodically within these 15 days with the last retry being on the 15th day. If the card still does not accept our charge and no other payment has been received by the 15th day, the account will be suspended without exception. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $5.00 will be assessed for reactivation. The reactivation fee is non-negotiable.

SECTION 2.3: PAST DUE BALANCE OF CUSTOMERS OWNING MULTIPLE ACCOUNTS.
If a customer owns more than one account, any prepayment made toward other accounts will be used to cover the outstanding debt of the current delinquent accounts.

SECTION 2.4: FREQUENTLY DELINQUENT POLICY.
All Web Now considers a customer to be "frequently delinquent" after the third past due or credit card problem notice within any one year period. Customers who become "frequently delinquent" are required to have a positive account balance at all times to receive continued service.
On the 30th day of any month, a "frequently delinquent" customer must have enough money in his/her account to cover the next month's web hosting/server fee. When a "frequently delinquent" customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until payment is made. This policy applies to all payment methods. This policy is nonnegotiable

SECTION 3.0: CANCELLATION POLICY.

If for any reason you are not satisfied with our services, please let us know. We build our services around making website development simple for the customer and want you to be satisfied.

SECTION 3.1: REQUESTING OF A CANCELLATION.
A cancellation will only be accepted if it is done by one of the following methods:
1. The customer must submit his/her virtual authorization by requesting cancellation via email to support@eworldportal.com or...

2. The customer must fax a cancellation request to 513-297-9013. The request must include the following information:

Account name and password
Cancellation request
Signature of account owner

SECTION 3.2: RESULT OF A CANCELLATION.
When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account. All Web Now will remove all files. This may include unread e-mail left on All Web Now servers.
( Please backup before requesting account cancellation! )

SECTION 4.0: REFUND POLICY.

SECTION 4.1: 30 DAY MONEY BACK GAURANTEE.
If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees except overages. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded.

SECTION 4.2: REFUNDS OUTSIDE OF THE FIRST 30 DAYS.
All service rendered to date will be billed and must be paid. Refunds will be issued only for unused service time. Accounts established under prepaid contracts are normally offered a discount. If cancellation of a prepaid contract occurs before the prepaid term expires, the discount will be voided and each month of service used will be billed at the regular monthly rate. If prepayment funds remain after payment of the monthly rate for each month of service used, a refund will be issued.

Refunds are only valid from the date of the official cancellation request under section 3 of this policy.

SECTION 5.0: KEEPING BILLING RECORDS CURRENT.

SECTION 5.1: UPDATING YOUR BILLING INFORMATION.
You can submit billing information changes to All Web Now via https://www.allwebnow.com/go/client_area.php. You may also fax an update to 513-297-9013. Any fax must include the main account user name / password as well as signature or the account owner (fax on request).

SECTION 5.2: OUT OF DATE RECORDS.
Periodically it may become necessary to contact the customer. If their information provided to us is not current it may lead to customers failing to receive notices. The customer is responsible for keeping all records current at all times. This mainly applies to general contact information. (especially the user's main email address)

All Web Now is not responsible for actions that are taken as a result of customer's failure to respond to All Web Now notifications.


Sever abuse policy.

Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All accounts and customers using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without notice or refund for the remaining months fees.

END OF TERMS

If you have any questions regarding our policies or services, please contact us.

 

 
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