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 (you).
SECTION 1:0 DOMAIN NAMES
1:1 All Web Now domain name registration policy
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 $250 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 $250 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.
1:2 3rd party domain name registration policy
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 else's 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-acquire 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 information on transferring click here.
SECTION 2:0 USAGE POLICY
2:1 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 client, 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.
2:2 Illegal content Policy
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 or harm to another person or group/organization.
2:3 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 client, 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 client 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 client 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 clients. Any All Web Now client 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:
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.
2:4 Sever abuse policy.
Any attempt to undermine or cause harm to a server, or client is strictly prohibited. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All accounts and clients 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.
2:5 Standard User content and usage policy
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to All Web Now that you have all the necessary rights to post or distribute such User Content, and your posting or distribution of such User Content does not infringe or violate the rights of any third party.
All Web Now exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through All Web Now's computers, network hubs and points of presence or the Internet. All Web Now does not monitor User Content. All Web Now also accepts no liability or responsibility of any website content developed or maintained by a 3rd party development company or contractor using 3rd party software. This is solely the company or contractor's responsibility to maintain, update, fix or develop. If you require assistance with any 3rd party code on your website, we can provide these services at an hourly service fee rate.
2:6 Backups and Data Loss
Your use of the Services is at your sole risk. All Web Now’s backup service runs every day for 15 days. It overwrites any of our previous backups after 15 days. Only 15 days of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at All Web Now’s sole discretion. All Web Now does not maintain backups of dedicated accounts. All Web Now is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on All Web Now’s servers.
2:7 Script Usage Policy and Testing
Our servers are not your testing platforms. User accounts are on high end, live servers 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 Script 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, forum scripts 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 scripts 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 $60.00 per hour. Malicious scripts are subject to immediate account cancellation.
2:8 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 client will be charged an additional $2.00 per GB over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the client is expected to be responsible for higher charges based on the amount of data transfer. The client 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 client will be e-mailed a notice once an additional amount is assessed to the client account. Warnings will not be sent to notify client that the limit has been reached or exceeded. This term and condition is non-negotiable.
Clients 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.
2:9 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/.
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.
SECTION 3:0 ACCOUNT and BILLING
3:1 Account Payment Policy
All clients 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.
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, quarterly, semi-annually, annually, bi-annually, and any other additional fees with the active credit card on file. Credit cards will be charged automatically every billing cycle based on the initial date the transaction was processed. by signing up with All Web Now, you understand that this is a subscription and will auto-charge your credit card on record as long as it is active. If this is an issue, you need to cancel your account before the due date. As for security and payments, we use various fraud prevention methods to protect us, our merchant account, our bank and the client 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.
OTHER PAYMENT TYPES. Please understand that we only accept money orders, personal and company checks, and cashiers checks for our clients using our web development services, and our semi and annual web hosting/server packages.
3:2 Late / Non-payment Policy
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 client 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 client 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.
3:3 Past Due Balance of Clients owning multiple accounts Policy
If a client owns more than one account, any prepayment made toward other accounts will be used to cover the outstanding debt of the current delinquent accounts.
3:4 Delinquent Policy
All Web Now considers an account to be "delinquent" if no payment has been made after the 15 day grace period. the account will be suspended immediately on the 15th day and the account will remain suspended until payment is made. This policy applies to all payment methods. This policy is nonnegotiable.
3:5 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 and hosting simple for the client and want you to be satisfied.
The client must submit his/her cancellation authorization by requesting a cancellation using our client billing area or by email. The request must contain the following details:
- Account domain name
- Billing Account email address
- Billing Account Full Name
- Cancellation request
- Reason for cancellation
When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account. This means All Web Now will remove all files. This may even include unread e-mail left on All Web Now servers.
( Please backup before requesting account cancellation! )
3:6 Hosting Account Transfer Policy
If for any reason you want to transfer your website to another web hosting provider, it is the sole responsibility of the client, or 3rd party web host provider to transfer your website's files, databases, and/or email to the 3rd party web host provider's server. We will answer any questions and provide the client and/or the 3rd party web host provider all the necessary login information to make the transfer possible. However, if you would still like All Web Now to Transfer your website, its files, databases, and/or email, there will be a fee required to be paid to All Web Now before the transfer occurs. This fee amount will be determined by All Web Now which is dependant upon the amount of work required to complete the transfer.
3:7 Refund Policy
All refunds will be made in full if cancellation is made within 7 days of the order of new service. All of our web hosting products are also refundable on a prorated basis if cancelled after 7 days of new service or renewal. This does not include domain names and/or website development services. Refunds may not be given in the event of over usage or abuse of our company resources after the due date; including but not limited to additional server resources and excessive use of our support team (to be determined by All Web Now).
All services rendered to date will be billed and must be paid. Refunds will only be given for unused service time. Refunds are not issued for payments previously made under a different terms & agreement and/or company.
All Refunds are only valid from the date of the official cancellation request.
DISPUTES: It is the responsibility of the client to cancel and/or ask for any refunds. If at anytime a client of All Web Now submits an erraneous, or premature fraudulent dispute on their credit card transaction with their bank (without contacting us first for a refund) we have the right to bill said client for any fines or fees that have been imposed upon us. If you do not pay this fee, we will report the client to billing collections.
3:8 Billing records policy
You can submit billing information changes to All Web Now using our client billing area at https://www.allwebnow.com/go/client_area.php Or you can email us with the changes at firstname.lastname@example.org
Periodically it may become necessary to contact the client if billing information is not up to date. If their information provided to us is not current (ie. email addresses, phone numbers), it may lead to clients failing to receive notices. The client 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 client's failure to respond to All Web Now notifications.