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Internet Service Agreement and Acceptable Use Policy
  CUSTOMER agrees to the below Internet Service Agreement and Acceptable Use Policy by clicking on the "Order/Details" link, at right, which will allow CUSTOMER to place an order electronically with ABW Host, LLC for Internet Service via the World Wide Web  
    Order Details
  Internet Service Agreement and Acceptable Use Policy  
  Section I  
  ABW Host, LLC (also dba American Business Web)  
  This document establishes acceptable use policies and terms of service as they relate to the Customer's use of the Internet and the Internet services provided by ABW Host, LLC to the Customer. Customer may lose their service provided by ABW Host, LLC without notice upon violation of the policies and rules described in this document.

ABW Host, LLC's Acceptable Use Policy ("AUP" or "Policy") for ABW Host, LLC Services is designed to help protect ABW Host, LLC, ABW Host, LLC's customers and the Internet community in general from irresponsible and illegal activities.  This Policy is a non-exclusive list of the actions prohibited by ABW Host, LLC. ABW Host, LLC reserves the right to modify this Policy at any time, effective upon posting at http://abwhost.net/policy.html .
  The parties ABW Host, LLC and Customer agree as follows:
  Knowledge of the Internet - The Customer agrees to obtain a basic working knowledge of the Internet and its operating guidelines.  
    Improper Uses of Service - The Customer agrees to not violate generally accepted guidelines of Internet usage including but not limited to the following which are herein defined as Internet usage abuses:  
  Sending unsolicited mass mailings and mass advertisements (SPAM), pirating or copying of software, mail attacks or other methods of trying to prevent service to others users of the Internet or customers of ABW Host, LLC, and attempts to abuse Internet server system security.
  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, defamatory, constitutes an illegal threat, or violates export control laws.
  Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through ABW Host, LLC's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on ABW Host, LLC's servers, is prohibited. ABW Host, LLC accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
  Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by ABW Host, LLC customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any ABW Host, LLC-hosted domain, or referencing any ABW Host, LLC account, is prohibited.
  Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the ABW Host, LLC network or on another provider's network.
  Using an account at another Internet Service Provider to promote an ABW Host, LLC Customer web site in an abusive manner as defined in paragraph a) above also constitutes violation, or using ABW Host, LLC Customer accounts or services to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider also constitutes violation (sending SPAM from another service provider email account which advertises an ABW Host, LLC Customer web site or email account.)
  Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user.
  Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any ABW Host, LLC customers or end-users by any means or device.
  Using ABW Host, LLC's Services to interfere with the use of the ABW Host, LLC network by other customers or authorized users.
  Pornography - If a customer publishes pornographic images, ABW Host, LLC will suspend that customer's account and discontinue service to that customer without notice.
  Legality - The Customer will make sure that its use of the Internet complies with all applicable federal, state and local laws and regulations, including but not limited to those laws which protect against violation of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortious interference, and export of technical or military data to prohibited countries.
  Children's' Online Privacy - COPPA - http://www.ftc.gov/opa/2000/04/coppa1.htm .  The Customer will be aware of and adhere to COPPA (United States Federal Government - Children's Online Privacy Protection Act).  In a nutshell, COPPA law states that "commercial web sites that collect personal information from children under 13 years old without the consent of their parents are breaking federal law."  The Customer must be aware and adhere to the entire COPPA law.
  Security - The Customer is required to protect the security of its Internet account and usage. The Customer's password shall be treated private and confidential and not shared with any third parties.
  Data Storage - The Customer is responsible for maintaining a backup copy of the Customer's web site and data files at all times in the event the need to restore the Customer web site files onto the internet server arises for any reason, including negligence on the part of ABW Host, LLC.
  Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to pay particular attention to insure that adult information is not transmitted to users of the Internet who are under the age of 18.
  Third Party Usage of Services Rendered - Customers may use CPU resources and other services including data transfer provided by ABW Host, LLC only for their own web site's purposes and not for use by third parties who are not customers of ABW Host, LLC. For example, cgi programs may not be executed from external web sites, they may only be executed on the Customer web site that is hosted with ABW Host, LLC.
  Section II  
  Web Site Hosting Terms and Conditions  
  By clicking on the submit button above to order Internet service with ABW Host, LLC, or by hosting a web and/or email site, at any time, with ABW Host, LLC, I hereby agree to the following terms and conditions of service:
  SERVICE DESCRIPTION  
  As an Internet Service Provider, ABW Host, LLC provides to the Customer, access to a shared internet server computer, which can be located anywhere in the world, that shares resources with other users, and that is connected to the Internet. This server computer will send and receive information as related to the World Wide Web and / or as related to email messaging or other internet services. Customer wishes to connect to and utilize the hardware and software services of ABW Host, LLC and /or it's suppliers, to establish an Internet web site and / or email services and / or domain name registration services, or any other Internet related services as described and sold on the http://abwhost.net web site.
  SERVICE USAGE.  
    User Parameters: This agreement is intended for one web site only, and is for the usage of the customer and does not extend to any other person or entity.
      Customer may resell ABW Host, LLC services to third parties but is responsible for the content and is bound by the terms under this contract.  
    Legal Parameters: This service may only be used for lawful purposes, and the usage of the service which violates any municipal, state or federal statute or regulation is prohibited. Customer agrees to indemnify and hold harmless ABW Host, LLC from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) arising from the usage by Customer of the service in violation of this paragraph.
    Unilateral Service Revocation: In the event that ABW Host, LLC may at any time believe that the service is being utilized by the Customer contrary with the terms and provisions of Section I above, ABW Host, LLC may immediately discontinue such service to Customer without liability other than a liability provided by our standard refund policies.
  Each ABW Host, LLC customer is responsible for the activities of its users and, by accepting service from ABW Host, LLC, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an ABW Host, LLC customer will be forwarded to the ABW Host, LLC customer's postmaster for action. If violations of the ABW Host, LLC Acceptable Use Policy occur, ABW Host, LLC reserves the right to terminate services with or take action to stop the offending customer from violating ABW Host, LLC's AUP as ABW Host, LLC deems appropriate, without notice.
  NO WARRANTIES OR GUARANTEES  
    With respect to the service to be provided herein, Customer acknowledges that ABW Host, LLC makes no warranties or guarantees whatsoever, express or implied. As a result, Customer agrees that ABW Host, LLC shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages resulting from the loss of data or the result of delays, non-deliveries, or service interruptions caused by the fault or negligence of ABW Host, LLC or any of it's suppliers, consultants, or contractors.
  USE OF INFORMATION  
    The use of any data or information received by Customer from the usage of the service to be provided by ABW Host, LLC is at Customer's risk. ABW Host, LLC disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided herein.
  DOMAIN NAME:  
    If ABW Host, LLC obtains an Internet Domain Name for the Customer, then in such cases the Customer waives any and all claims it may have against ABW Host, LLC, for any loss, damage, claims or expenses arising out of or in regards to the registration of such Domain Name for any reason.  It is the Customers' responsibility to update their domain name record email address to a current one at all times, and to track the expiration date of their domain name.
  SERVICE FEES AND INVOICING:  
    Invoicing for web site will be billed quarterly, with payments for the invoice due upon 30 days of the receipt of the invoice. In the event that Customer shall fail to pay for such services in advance of the 3 month renewal period, ABW Host, LLC shall be entitled to unilaterally terminate this agreement and discontinue or suspend service to Customer until payment is made.

Additional fees will incur if the advertised data transfer, data storage, or other resource amounts such as CPU usage, are exceeded. These overage amounts are advertised on our web site.  With regards to data transfer (traffic), there is no difference in policy whether the traffic was wanted or unwanted traffic.

Setup fees are non refundable. Monthly hosting fees are fully refundable within the first 30 days of service, after that they are non refundable on a pro-rated by day basis. Customer agrees that renewal will occur automatically at the end of each three month period under the same terms, unless ABW Host, LLC receives express written notification by email which requests confirmation of receipt of email message, of cancellation, and that Customer is responsible for any and all fees assessed due to Customer's failure to notify ABW Host, LLC of cancellation by email.
All support and cancellation inquiries are to be sent by email to: support@abwhost.net
  CHANGES IN TERMS OF AGREEMENT  
    ABW Host, LLC reserves the right to make changes to the above terms and conditions of this agreement at any time, effective upon posting at http://abwhost.net/policy.html .  Customer understands that he/she must check ABW Host, LLC's web site for changes to this document at the beginning of every renewal period to check for any modifications to this acceptable usage policy and service agreement.
  ENTIRE AGREEMENT AND SEVERABILITY  
    This document comprises the entire agreement between the parties, and represents the complete and entire understanding between the parties. This document takes precedence over any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this acceptable usage policy and internet service agreement is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this document and the agreement which it represents, shall remain in force and effect.

IN WITNESS WHEREOF, the parties, intending to be legally bound, and in consideration of the acceptable usage and service agreements contained in this document, hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

CUSTOMER agrees to the acceptable usage policy and the above terms and conditions of Internet service by clicking on the submit button, above, which will allow CUSTOMER to place an order electronically with ABW Host, LLC for Internet Service via the World Wide Web.

CUSTOMER also agrees to the acceptable usage policy and it's terms and conditions of Internet service while being a customer of ABW Host, LLC's internet services at any time.

CUSTOMER also agrees that it is the customers' responsibility to read over this acceptable usage policy and internet service agreement every three months to be made aware of any changes in the acceptable usage policy and internet service agreement.

ABW Host, LLC reserves the right to make changes to this acceptable usage policy and Internet service agreement at any time.
End of ABW Host, LLC Acceptable Usage and Internet Service Agreement