Any products or services provided by AIS Web Services are provided on the following terms and conditions:
Web-hosting services are provided by AIS Web Services, LLC (hereafter AIS) to its web-hosting clients subject to this Web Hosting Agreement (hereafter WHA). The WHA comprises the entire agreement between AIS and you (hereafter Client). AIS may revise the WHA at any time and such revision shall be effective immediately upon either publishing of the revised WHA at http://www.aiswebservices.com or notifying Client via e-mail or conventional mail. Client agrees to review the WHA periodically to be aware of such revisions. If any revision to the WHA is unacceptable to Client, Client may cancel the Web Site hosting services and terminate this WHA as provided in Section 10 below. Client’s submission of Web Pages for hosting and Client’s continued use of AIS web hosting services following notice of any such revision to the WHA shall be conclusively deemed acceptance of all such revisions.
1.) Client’s Account:
Prior to the inception of Client’s Web hosting services, AIS shall establish an account in Client’s name, shall assign a user ID to that account, and shall provide Client or Client’s designee with a password for Client’s access to said Account. Client agrees not to disclose that password except to persons authorized to access the Account on Client’s behalf, and acknowledges that Client shall be entirely liable for all activities conducted through Client’s Account thereafter. (Client may permit a Designer, or another entity or individual, to use the Account subject to Client’s supervision and Client’s assumption of all resulting liabilities.)
2.) Charges:
Current rates and surcharges for using AIS web-hosting services are published at http://www.aiswebservices.com. Client understands that detailed written statements will not be routinely provided by AIS and agrees that any obligation on the part of AIS’s to provide the detailed components of accumulated charges shall be satisfied by providing the Client with password protected access to Client billing information on the AIS web site or via email.
A (10%) monthly processing fee will be added to Client’s account if the client elects to pay on a monthly schedule. This fee may be avoided if the client either secures the account with a major credit card or pre-pays the account a year in advance.
Monthly service charges are billed in advance with additional usage in excess of account limits billed in arrears. The first month’s bill will reflect a total of all set-up fees, prorated service fees for the partial month from date of service initiation to first monthly billing date, and services fees for the first full month. AIS reserves the right to change its fees and billing methods at any time effective upon thirty (30) days’ prior notice by posting such change(s) at http://www.aiswebservices.com. If any change in fees or billing methods is unacceptable to the Client, the Client may immediately terminate the Account as provided in Section 10 below. Client’s continued use of AIS web hosting services following any such changes in fees or billing methods shall be deemed acceptance of such changes. Upon cancellation or termination of Client’s Account, it will be credited for any pre-paid, unused service fees. Client is responsible for all activities and charges under its Account, including any unauthorized charges to Client’s Account, until Client notifies AIS of any breach of security. Client agrees that AIS is authorized, as applicable, to charge Client’s designated credit card.
3.) Taxes:
There shall be added to all fees provided for in this Agreement amounts equal to all taxes, if any, however designated, levied, or based, including (but not limited to) sales and use taxes imposed in connection with services provided pursuant to this Agreement.
4.) Client’s Obligation:
Client shall be solely responsible for uploading to its files and data (“Client’s Web Pages”) to Client’s directory located on the assigned AIS web server in a condition that is “server-ready.” AIS shall not be responsible for designing, developing, modifying, or maintaining Client’s Web Pages, nor will AIS validate this material and data for content, correctness, or usability unless otherwise agreed. The Client represents that it has the necessary knowledge to create Client’s Web Pages and agrees that it is not the responsibility of AIS to provide this knowledge or support.
Client is responsible for maintaining at least one back up copy of the current version of Client’s Web Pages. Client will use this back up copy, if required, to restore the operation of the Client’s Web Pages. This back up copy cannot be stored at AIS’s premises or on AIS’s computers.
Client is solely responsible for promoting its web site and paying all costs associated with this effort.
Due to the public nature of the Internet, all information contained on Client’s Web Pages should be considered publicly accessible, and any information of a confidential or proprietary nature should not be uploaded to Client’s Web Pages. AIS is not liable for protection or privacy of electronic mail, files stored on AIS’s web servers, or other information uploaded to Client’s Web Pages.
5.) Ownership of Client’s Web Pages:
AIS acknowledges Client’s claim of ownership of all rights to the Client’s Web Pages, including any source code uploaded to AIS’s web server, and AIS disclaims any ownership thereof or license thereto except insofar as is necessary for AIS to perform its obligations pursuant to the WHA.
6.) Client’s Warranties and Indemnification:
Client represents and warrants that its use of the AIS web hosting services shall comply with any and all applicable laws and that the Client’s Web Pages do not contain material that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, offensive, defamatory, or disparaging, or invades any right of privacy or infringes upon the copyrights, trade secrets, trademarks, or other intellectual property rights of any third party.
Client shall indemnify and hold harmless AIS and its affiliated companies from all liabilities, claims, and expenses (including, without limitation, reasonable attorney’s fees) arising from any breach of the foregoing representations and warranties. AIS will notify the Client of any claim, action, or proceeding, and AIS may use counsel of its own selection to defend the same. The Client may participate in the defense, at the Client’s own expense, with counsel of the Client’s own choosing.
7.) AIS Obligations:
AIS shall host the Client’s Web Pages on a platform and shall provide Client with an account for direct access to it. AIS shall use commercially reasonable efforts to maintain the server in a fully operational condition, and to insure public accessibility to Client’s web site, 24 hours per day, 365 days per year, excluding only down time for necessary maintenance and repair.
AIS will act as the Client’s agent, at Client’s request, for the sole purpose of applying for a Domain Name Registration with Network Solutions, Inc. (“NSI”) or other appropriate entity. Fees assessed for all registrations effected by AIS on Client’s behalf shall be added to Client’s Account.
Client warrants that it has reviewed and agrees to be bound by the NSI Domain Name Registration Agreement and NSI’S Domain Name Dispute Policy (or the comparable policies, if any, of such other entity as may be used for Domain Name registration), all of which are incorporated herein by reference.
8.) AIS’s Right to Monitor/Block Offensive or Illegal Content:
AIS does not pre-screen Client’s Web Pages as a matter of policy. However, if AIS becomes aware, through complaints or otherwise, of any material contained in Client’s Web Pages that AIS, in its sole discretion, considers to be in breach of the Client’s representations and warranties as set forth in Section 6 above, AIS shall have the right, but not the responsibility, to remove such material or to block public access to the Client’s Web Pages without notice to Client, pending resolution of AIS’s concerns as to same.
AIS may elect in its sole discretion to monitor some, all, or none of Client’s Web Pages for adherence to the WHA. AIS reserves the right to delete or render inaccessible any of Client’s Web Pages that AIS suspects in the good faith exercise of its judgment, contains material in violation of the WHA. AIS intends to respect Client’s privacy and will not randomly monitor or disclose the contents of private communication (e.g., e-mail). However, AIS reserves the right, as permitted by law, to monitor or disclose the contents of private communication if it in good faith believes that such action is necessary (i) to comply with applicable law or valid legal process (e.g., warrant, court order), (ii) to protect the rights or property of AIS, or (iii) in emergencies when physical safety is at issue.
9.) No Warranty:
Client expressly agrees that use of AIS web hosting services, and the Internet are at its sole risk and are provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, including the implied warranties of merchantability and fitness for a particular purpose, unless such warranties are legally incapable of exclusion. AIS’s liability to client for breach of this WHA is limited solely to the amount paid by Client for AIS web-hosting services beginning when such services became unacceptable. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states AIS’s liability is limited to the extent permitted by law.
10.) Termination:
Either Client or AIS may terminate the account at any time by emailing a notice of termination to billing@aiswebservices.com or by providing such notice by completing a submission form at http://www.aiswebservices.com. Client’s only right with respect to any dissatisfaction with any (i) WHA term or revision thereto, (ii) policy or practice of AIS in operating the AIS Web Hosting Service, or (iii) amount or type of fees or billing methods, is to terminate Client’s Account by delivering notice to AIS. Any such notice of termination will be effective upon its actual receipt by AIS.
11.) Law:
Should any part of the WHA be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. The WHA shall be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. Client and AIS each agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia.