PLEASE READ THESE TERMS, CONDITIONS AND ACCEPTABLE USE GUIDELINES CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH ACTION WEB. These Terms, Conditions and Acceptable Use Guidelines represent the complete Agreement and understanding between Action Web and you, the Action Web accountholder, and supersede any other written or oral agreement pertaining to your Action Web services. By using Action Web services, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your Action Web account.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF ACTION WEB SERVICES AND NOTIFY ACTION WEB SO THAT ACTION WEB MAY INITIATE CLOSURE OF YOUR ACCOUNT.
Action Web may be contacted by email at support@ActionWeb.com or by regular mail at:
881 W. State Street #140-434
Pleasant Grove, UT 84062 U.S.A.
Action Web reserves the right to modify the Terms, Conditions and Acceptable Use Guidelines, and/or modify the prices of its services, as well as discontinue or change the services offered. Your continued use of Action Web services is deemed acceptance of these terms of service.
1.00 Provision of Services
This Agreement defines the terms, conditions, and acceptable use for all types of accounts offered by Action Web. Action Web "services" are defined as the use of computing, telecommunications, software, and information services provided by Action Web. These services also include the provision of access to computing, telecommunications, software and information services provided by others via the global Internet.
2.00 Payment of fees
1.02 Action Web will provide services on its computing systems to you in exchange for recurring payment of subscription fees and full compliance with this agreement.
1.03 Action Web reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which Action Web, in its sole discretion, believes violates these Terms, Conditions and Acceptable Use Guidelines, or is otherwise harmful to Action Web's interests or the interests of other accountholders.
1.04 You may only use Action Web's services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through Action Web services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.
To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders, Action Web reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. Action Web will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.
When Action Web becomes aware of possible violations of this Agreement, Action Web may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from accountholders and examining material on Action Web's servers. During investigations, Action Web may suspend accounts involved in a violation and/or remove the material involved from its servers. If Action Web believes, in its sole discretion, that a violation of this Agreement has occurred, it may temporarily or permanently remove material from Action Web servers, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. Action Web, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability.
You are responsible for obtaining the Internet access required to connect to Action Web services, including computer hardware, software and Internet access provider services. Action WEb does not provide Internet access services, hardware or software. You are responsible for ensuring that such equipment or service is compatible with Action Web's requirements.
1.08 Any use of Action Web scripts or software or third-party scripts or software distributed by Action Web is governed by the End-user License Agreement that accompanies such scripts or software. Use of such software indicates your acceptance of the terms therein.
Certain services performed by Action Web may require passing personal information about Action Web accountholders to third parties. Services include, but are not limited to, registering information with the InterNIC for those accountholders who wish to own their own Internet domain name. Action Web can not be held responsible for the lack of privacy that these third party entities may offer.
1.10 Action Web reserves the right to obtain, lease and utilize the products and services of third party vendors in order to maintain services to it accountholders. Examples of services may include, but are not limited to, Internet connections, Internet servers, or any other product or service that Action Web deems necessary to maintain services to its accountholders.
2.01 Current monthly and set-up fees for Action Web services can be found on the Web on the Action Web site found at http://ActionWeb.com. Action Web will publish an online notice of fee increases at least 30 days before such increases take effect.
3.00 Cancellation & Refunds
2.02 Action Web services are offered on a pre-pay basis. Payment for a minimum of one month of services must be received prior to the proceeding month's start date. The only exception to this rule is in the first month of services to an account. Payment for the first month must be received by the end of the first 30 days of service to the account. Accounts that do not abide to the payment terms set forth herein are subject to suspension and/or account termination. You acknowledge responsibility that, even if your account is terminated, you will be held liable to for any balance owed on the account.
Acceptable means of payment are defined on our web site at http://ActionWeb.com/help/payment/. Payment for a Action Web account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties.
2.04 Action Web reserves the right to charge a setup fee to reinstate suspended or terminated accounts.
2.05 There is a $15.00 service charge for each returned check.
2.06 If you believe Action Web has billed you incorrectly, you must contact Action Web no later than 60 days after the date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Action Web's billing department (billing@ActionWeb.com), and should include all available information about the suspected error.
If you have elected to have Action Web make automatic payments against your credit card, and your credit card expires, Action Web, in its discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If Action Web is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to Action Web when requested, Action Web may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account.
To cancel your account, you must contact Action Web support via email or postal mail. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in Action Web's billing records. If the information provided to Action Web for an account does not match the account's records, cancellation may be delayed or prevented.
4.00 "As Is" Services; Limitation of Liability, Idemnification
3.02 All cancellation requests must be received by 3:00 PM Pacific Time on a regular business day (holidays excluded) to be processed the same day. Otherwise, your request may not be processed until the following business day. Regular business days are Monday through Friday.
3.03 All Action Web accounts must be paid in full before a cancellation will be considered complete.
If a Action Web account is canceled, suspended or terminated, Action Web may maintain the account for 30 days. You may contact Action Web within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. Action Web reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms, Conditions and Acceptable Use Guidelines. If you do not contact Action Web within 30 days, your account and associated files will be deleted from Action Web's servers, and Action Web will not be able to reopen it or restore files. Action Web is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of the Terms, Conditions and Acceptable Use Guidelines.
3.05 Payments made within the last 30 days are eligible for a pro-rated refund upon request.
4.01 "As Is" Services. You acknowledge that Action Web services are provided "as is". Action Web, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that Action Web services will be uninterrupted or error free. Action Web expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.
5.00 Acceptable Use Guidelines
4.02 Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use Action Web services, other than for payment of fees due under Section 3 and for indemnification under section 4.0, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through Action Web is at your own risk. Under no circumstances will Action Web be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on Action Web's services and systems.
You agree to waive and hold Action Web harmless from any claims relating to any action taken by Action Web as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means you cannot sue or recover any damages whatsoever from Action Web's decision to remove material from its servers, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of Action Web's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms, Conditions and Acceptable Use Guidelines.
IN NO EVENT SHALL ACTION WEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF ACTION WEB'S SERVICES. ACTION WEB'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT ACTION WEB'S OPTION, EITHER RETURN OF THE SERVICE FEES PRE-PAID OR REPLACEMENT OF SERVICES. In any case, Action Web's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and Action Web limits its liability in such jurisdictions only to the degree allowed by the applicable laws.
Indemnification. You agree to defend, indemnify and hold Action Web harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any provisions of this Agreement or your placement of transmission of any materials or content onto Action Web's servers, or from any and all use of your account, with or without your knowledge or consent.
5.01 Use of Services
5.01.1 The accountholder agrees to use Action Web's services only for lawful purposes, in compliance with all applicable laws, and in accordance with all provisions set forth in the Terms, Conditions and Acceptable Use Guidelines. Violation of any provision of this Agreement is grounds for immediate termination of your Action Web account.
5.02 Use of Material
5.01.2 The accountholder of record is responsible for all use of the account, with or without the knowledge of consent of the accountholder.
5.02.1 Materials in the public domain (e.g., images, text and programs) may be downloaded or uploaded using Action Web services. Accountholders may also re-distribute materials in the public domain. The accountholder assumes all risk regarding the determination of whether the material is in the public domain.
The accountholder is prohibited from storing, distributing or transmitting any unlawful material through Action Web services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, MP3 files and copyrighted, trademarked and other proprietary material used without proper authorization. The accountholder may not post, upload or otherwise distribute copyrighted material on Action Web's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the accountholder to criminal as well as civil liability, in addition to account termination.
The account holder may not store or distribute certain other types of material on Action Web's servers. Examples of prohibited material include, but are not limited to, material judged, at Action Web's sole discretion, as threatening, obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
5.03.1 Each Action Web account user is responsible for the security of his or her password(s). Secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The accountholder is responsible for changing his or her password(s) regularly.
5.04 System Security
Action Web staff may monitor the security of accountholder's password(s) at any time. An account with an insecure password may be directed to change the password to one which complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by Action Web; continued failure to maintain password security may be grounds for account termination.
5.04.1 The accountholder is prohibited from utilizing Action Web services to compromise the security or tamper with system resources or accounts on computers at Action Web or any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.
5.05 System Resources
5.04.2 Action Web reserves the right to release the usersnames of accountholders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Action Web will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
Action Web will allocate system resources to provide all accountholders with the best service possible. As a part of resource allocation, Action Web may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.
5.06 Web Page Publishing Guidelines
Additionally, Action Web may institute services and fees for accountholders who are interested in accessing system resources above and beyond acceptable usage.
System abuse is defined as any use Action Web resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of Action Web servers.
5.06.1 The accountholder is solely responsible for the content of Web pages owned by the account.
5.07 Email Use
5.06.2 The accountholder is prohibited from publishing web pages on Action Web servers that contain, or directly link to, any content that is illegal, or material that infringes on copyrights or trademarks, or contains nudity or obscene lanaguage.
5.06.3 Action Web will investigate potential web page content violations hosted on Action Web servers and may, in its sole discretion, require that the material be removed or take action as outlined in 5.01.1 above. Criteria for determining whether a page is appropriate include, but are not limited to subject matter listed in section 5.06.2, the system resources consumed by the page, and applicable laws.
Your account may be subject to additional fees depending on the total web transfers or "hits" to your account. The exact details of this rule depend on the type of account and are set forth in the account service features list located on the Action Web web site at http://ActionWeb.com.
Action Web will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in 5.02.2 and 5.02.3 above, Action Web may take action as outlined in 5.01.1 above.
5.08 FTP Use
5.07.2 Action Web accountholders may not send email to any user who does not wish to receive it. Action Web recognizes that email is in informal medium; however, accountholders must refrain from sending further email to a user after receiving a request to stop.]
5.07.3 Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Action Web accountholders may send advertising material only to addresses which have specifically requested it. Action Web will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.
5.07.4 Action Web accountholders may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.
5.07.5 Action Web accountholders may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages.
Violations of the Action Web policies outlined in this document can sometimes result in massive numbers of email responses. If a Action Web accountholder receives so much email that Action Web resources are affected, Action Web staff may shut down the accountholder's mailbox.
There is a 50MB per day account upload limit on FTP transfers to Action Web's servers. Accountholders who surpass the limit or which consume an excessive percentage of Action Web's FTP resources may receive a warning from Action Web. Accountholders interested in consistently uploading more than the limit may be subject to additional fees set forth by Action Web.
5.08.2 Download transfers by FTP will be included in the total web transfers or "hits" as described in section 5.06.3.
6.01 This agreement will be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflict of laws principles, and the parties' consent to exclusive personal jurisdiction of and venue in court of competent jurisdiction located in Clark County, Nevada.
6.02 Section 4 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.
6.03 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.