Billing Terms, Policies and
On-Line Storage
Agreement
| Billing Terms | Policies & On-Line Storage Agreement |
The Web Site Storage Agreement is executed by Advanced
Internet Solutions, Inc., herein referred to as "PROVIDER" and the
"submitter" herein after referred to as "CLIENT."
WHEREAS, the PROVIDER is engaged in the business of selling, Web Site Storage, herein
referred to as 'WEB STORAGE' on Advanced Internet Solutions, Inc's servers over the
Internet;
WHEREAS, the PROVIDER maintains the office located at 6929 N. Hayden Rd. Suite C4-600,
Scottsdale Arizona. No office provisions will be offered to CLIENT or any of CLIENT's
customers, labor, etc. for the use of that office.
WHEREAS, the CLIENT is now engaged in the business as a web site publisher of said web
site named in this agreement, herein referred to as 'AGREEMENT';
WHEREAS, it is deemed to be to the mutual advantage of the PROVIDER and the CLIENT to form
the association hereinafter agreed to under the terms and conditions hereinafter set
forth.
NOW, THEREFORE, in consideration of the recitals hereinabove set forth, and of the
agreements and undertakings hereinafter made, the parties hereto have agreed as
follows:
BUSINESS HOURS & BUSINESS ADDRESS:
Monday through Friday 9:00-5:00pm. If you call at any time and do not reach a us, be sure
to leave a message; (480) 609-2838 or email info@advintsol.com.
Email is always the preferred method of communication. If you leave a message please also
send an email to the address above. Mailing address for correspondence is: 6929
N. Hayden Rd., Suite C4-600, Scottsdale, AZ 85250
QUESTIONS OR COMMENTS ABOUT YOUR SERVICE:
Web Storage questions (non-technical), Suggestions, New or
Discontinuing Service; Email to the PROVIDER at Advanced Internet Solutions, Inc. at the
following Email address: support@advintsol.com
or fax to (480) 609-0595. Requests/Questions must be received by the current
"Billing" or "Admin" contact on the account. Billing questions should
be emailed directly to: billing@advintsol.com.
FEES:
Set up and monthly fees will be posted at http://www.advintsol.com.
PROVIDER reserves the right to change the monthly storage fees with a 30 day notice.
Notice will be considered received upon a successful received email notice back the
CLIENT. Monthly web storage fees are paid on a month to month basis. This fee is for
storage only and does not include any page set up, design, programming, manipulation of
graphics, pictures, text graphics, logos, copyrights, trade marks, warrantees, guarantees,
or credit card transactions. Nor does this fee include any CLIENT support to create
CLIENT's web site or changes of any kind. Such support/consulting can be obtained from the
PROVIDER at a cost of $125/hour, with a 1/2 hour minimum charge.
MONTHLY BILLING:
PROVIDER reserves the right to change the monthly storage fee(s) with a 30 day notice.
Notice will be considered receive upon a successful received eMail notice from the
PROVIDER to the CLIENT.
1) You will be billed for monthly charges one month in advance, thereafter, becoming
payable on a monthly basis. Make check or certified funds (no cash or trades will be
accepted) payable to: Advanced Internet Solutions, Inc., 6929 N. Hayden Rd., Suite
#C4-600, Scottsdale, AZ 85250.
2) Billing will occur the first business day of every month. If payment not received by
the 25th of the month there may be
a re-establishment fee. CLIENT understands that there will be a finance charge of 1-1/2%
per month (18%APR) for bills not paid by the 25th of the month. (Minimum service charge is
$1.50) The CLIENT will also be held personally liable for any and all bills whether
operating as a proprietorship, partnership or corporation. CLIENT will be personally
responsible for all costs of collection, including a reasonable attorney fee. It is
further agreed that there are no terms or agreements not set forth herein this contract.
3) The CLIENT agrees to pay all costs, service charges and fees (including Attorney fees)
incurred by PROVIDER in collecting bills due from CLIENT and enforcing the PROVIDER's
rights under this agreement.
5) Returned checks and rejected credit cards will incur a $10.00 service charge. Consistant NSF's may result in
cancellation of account without notice.
REFUND POLICY
Payments by check or credit card will be refunded only if sufficient notice
is given upon cancellation of an account. Refunds are prorated and calculated on
a per week basis. Refunds will be issued in the same manor as initial payment.
eg. payments made by check will be refunded in the form of a check, and credit
card refunds will be issued as a credit on the same card payment was made.
ALL AGREEMENTS CONTAINED HEREIN:
This written agreement embodies the entire agreement between the parties hereto and there
are no other understandings, agreements, or representations, expressed nor implied.
CONTACT INFORMATION:
The contact information listed above is deemed reliable, however, in the event that either
party changes any of this information it is the responsibility of the person to notify the
other in writing by certified mail, successful email or fax transmission immediately,
otherwise, should contact information become unreliable during the life of this agreement,
making it impossible to communicate this contract will become immediately null and void.
If any part of this agreement is deemed unenforceable, exclusive of that portion, the
balance of this agreement will remain in full force and effect.
By submitting the New Account Registration form, I am digitally signing and agreeing to all of the terms above without prejudice.
Policies & On-Line Storage Agreement
ASSOCIATION:
The PROVIDER shall make available to the CLIENT as follows;
GENERAL CONDITIONS OF ASSOCIATION:
The CLIENT will be responsible for any licensing on a local, state, governmental and/or
international level. CLIENT will be responsible for all insurance as may be applicable to
CLIENT's web site stored on Advanced Internet Solutions, Inc. In any event, Advanced
Internet Solutions, Inc., it's PROVIDER and/or owners and officers are held harmless and
fully indemnified by CLIENT of any and all claims, liability or causes of action regarding
such incident, either to the CLIENT or those associated with CLIENT's web site or any
other association who may make claim.
PURPOSE:
Storing your (the CLIENT) web site on Advanced Internet Solutions, Inc.'s server, which is
posted on the Internet World Wide Web for the purpose of extensive world wide public
viewing, without discrimination or censorship within the web system. This service is to be
used for lawful purposes only. Transmission of any information in violation of the U.S. or
state(s), government(s), country(s), individual(s), business(es) etc.
regulation(s) is
prohibited. This includes, but not limited to: copyrighted information, threatening or
obscene information, information regulated and/or protected by trade secrets, or national
security information, such as encryption software.
ABUSE OF SERVICE
The CLIENT agrees that none of the following definitions of abuse will be
practiced using the services provided by the PROVIDER:
Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on Advanced Internet Solutions, Inc.'s servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site.
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Making fraudulent offers of products, items, or services originating from your website.
Sending unsolicited electronic mail (email) messages or multiple messages to the Usenet Newsgroups with intent to solicite a site hosted on the PROVIDER's servers.
Revealing your account password to others or allowing use of your account by others with intent to share services provided by the PROVIDER.
At no time can there be simultaneous use of the same username and password combination.
RIGHT TO REFUSE:
PROVIDER reserves the right to refuse any of the CLIENT's web site information, or remove
any of the CLIENT's information for any reason within the sole discretion of PROVIDER. In
the event of refusal or removal by PROVIDER, PROVIDER will make a pro-rated refund to
CLIENT for unused pre paid monthly cost. Cancelled web content is retained for only 48
hours. The PROVIDER is not responsible for content that is not retrieved prior to
cancellation of the account.
TIME:
When an account is opened, time is of the essence. Therefore, any delay on the part of the
PROVIDER's ability to contact you by Email, phone, fax, mail or in person for any longer
than 7 days without a response from CLIENT will automatically constitute an abandonment of
your intent to follow through with this contract, deeming any further obligation between
PROVIDER and CLIENT null and void. If at a later date, CLIENT decides to follow through
with web storage, no paid credits for previous payments will be credited. Once payment for
services are made they are completely non-refundable.
PROVIDER reserves the right to cancel this contract and refund CLIENT's fees, at anytime
and without further obligation.
COPYRIGHT:
CLIENT is aware that any and all information posted on the Internet can be copied,
challenged or possibly manipulated by anyone for any reason. CLIENT warrants that they own
all rights to copy, pictures, graphics, logos, copy rights, trade marks, etc. stored on
PROVIDER's server and CLIENT holds PROVIDER harmless against any and all claims not
limited to any and all individual(s), business(es), state(s), government(s),
country(s),
etc.
HOLD HARMLESS AND INDEMNIFICATION:
CLIENT will Hold Harmless and Indemnify PROVIDER, it's owners, employees, independent
contractors (Salesperson), sub-contractors and insurance companies connected to PUBLISHER
from all claims, liability or causes of action, including, but not limited to the
following;
1) As part of the consideration to induce PROIVDER to store CLIENT's web site on the
Internet World Wide Web, CLIENT agrees to indemnify and hold harmless free of all loss,
liability, damage and expense, due to content or accuracy of CLIENT's information. CLIENT
assumes all liability for content of information posted.
2) Internet 'downtime' due to circumstances that could not be prevented, due to, but not
limited to, acts of nature, power failure for any reason, a connecting source further down
the Internet failing, or any governmental, state, local agency or utility municipalities
powers to affect the Internet in any way.
3) CLIENT agrees that any payment by PROVIDER for damages under this agreement will be
limited to the amount paid by the CLIENT.
4) CLIENT warrants that they own all rights to information presented to PROVIDER for use
of CLIENT's web site and CLIENT holds harmless and indemnifies all those listed above
against any claims from all individual(s), business(es), state(s), government(s),
country(s), or any one else that may make claim against said material posted.
5) CLIENT releases Advanced Internet Solutions, Inc. from all damages caused by Viruses,
write over or manipulation of CLIENT's information due to external manipulations known as
hacking by unauthorized persons. If any part of this contract is deemed unenforceable,
exclusive of this, the balance of this contract will remain in full force and effect.
6) PROVIDER does not guarantee absolute privacy of files or email of CLIENT's web site.
7) PROVIDER is not responsible for any agreements or contracts CLIENT makes with others.
8) PROVIDER and/or owners and officers are held harmless and fully indemnified by CLIENT
of any and all claims, liability or causes of action regarding such incident, either to
the CLIENT or those associated with CLIENT's web site or any other association who may
make claim.
9) CLIENT attests that the website space he/she has purchased will contain no sexually
explicit, adult oriented content or other offensive material.
10) CLIENT understands that he may not resell his webspace with the intention to compete
with Advanced Internet Solutions, Inc., and that the CLIENT will pay the applicable rates
for sites hosted under the CLIENT's domain or website.
11) PROVIDER is not responsible for data lost due to hardware failures of the server; the
CLIENT is responsible for backing up any data locally to avoid such a situation.
SECURITY:
Requests for logins/passwords must be received by the current "billing" or
"admin" contact. Requests from those other than the above will be confirmed with
the CLIENT before any such information is given to a third party. The CLIENT may release
login/password information to a third party, but assumes full responsibility for any
breech of security.
BENEFIT:
This agreement shall be binding upon and inure to the benefit of the respective parties
hereto, their legal representatives, successors and assigns.
ALL AGREEMENTS CONTAINED HEREIN:
This written agreement embodies the entire agreement between the parties hereto and there
are no other understandings, agreements, or representations, expressed nor implied.