This agreement represents the complete agreement and
understanding between AstroWebs, Inc. ("AstroWebs") and the account
holder ("Customer") and supersedes any other written or oral agreement. Upon
notice published online via AstroWebs' web site, AstroWebs may modify these terms
and conditions, amplify them, and/or modify the prices, as well as discontinue
or change services offered.
If you do not agree to these terms and
conditions, please notify our Billing Department immediately at
877-999-0321 so we can initiate a closure of your account. USE OF
YOUR ACCOUNT shall constitute your approval.
- Services provided to the Customer by AstroWebs may only be
used for lawful purposes. Transmission or publication of any information, data
or material in violation of any U.S. Federal or state regulation or law is
prohibited. This includes, but is not limited to, material protected by
copyright, trade secret, or any other statute, threatening material or obscene
material. AstroWebs reserves the right to remove any such materials will be
removed at any time upon receiving a complaint and or notice of copyright infringement.
- AstroWebs, Inc. has zero tolerance for
UBE (unsolicited bulk email), also know as UCE (unsolicited commercial email) or
"spam". This policy protects our customers as well as the Internet community
from the negative effects of "spam" related activity. The transmission of
unsolicited bulk email is expressly prohibited, whether or not it overloads the
services or disrupts service to AstroWebs's customers. AstroWebs defines UBE as
unsolicited broadcast or commercial email that is sent to an address or
addresses that do not affirmatively and verifiably request such material from
that sender. This does not include messages sent to addresses obtained through a
legitimate "opt-in" mailing list. Customers may be asked to produce records that
verify that permission was obtained from a recipient before a mailing was sent.
AstroWebs reserves the right to determine, in its sole and absolute discretion,
whether email recipients were from an opt-in email list. Customers having
questions regarding the transmission of commercial emails to mailing lists
should contact support@astrowebs.net BEFORE
sending any such messages. Valid complaints received by AstroWebs will be forwarded to
customer for a response and resolution. If within twenty-four (24) hours there
is no response, AstroWebs may block traffic to and from the customer's web site
and email account(s) until the problem is resolved and preventative measures
have been implemented to prevent the violation from recurring. All users are
responsible for maintaining a working email contact and updating that
information with AstroWebs when it changes. Violations of this policy will result
in suspension or termination of the customer's account, and may result in AstroWebs
seeking other legal remedies against the customer.
- Customer agrees not to transmit, promote, or otherwise
make available any software, product or service that is either illegal or
designed to violate this Agreement. Such software, products or services include,
but are not limited to, programs designed to send unsolicited advertisements
(i.e. "spamware") and services which send unsolicited advertisements.
- Customers shall not forge, misrepresent, omit, or delete
email message headers, return mailing information and/or Internet protocol
addresses to conceal or misidentify the origin of a message.
- Customers shall not transmit any communication where the
meaning of the message, or its transmission or distribution, would violate any
applicable law or regulation or would likely be offensive to the recipient
thereof. No message may be mass distributed, "broadcast," or otherwise sent on
an intrusive basis to any AstroWebs user or to any directly or indirectly
attached network. Use of AstroWebs's connection in a manner that is disruptive,
damaging, unlawful, offensive, or intrusive as determined by AstroWebs shall be
considered a breach of this Policy and may result in cancellation of service.
This prohibition extends to sending of unsolicited mass mailings from another
service which in any way implicates the use of AstroWebs's service, AstroWebs's
equipment or any site hosted on any AstroWebs network.
- AstroWebs makes no warranties of any kind, whether
expressed or implied, for the service it is providing. AstroWebs also disclaims
any warranty of merchantability or fitness for a particular purpose. AstroWebs
will not be responsible for damages the customer suffers. This includes loss of
data resulting from delays, non-deliveries, misdeliveries, or service
interruptions caused by its own negligence, subscriber's errors or omissions, or
due to the fault of third parties.
- Customer agrees to defend, hold harmless and
expeditiously indemnify AstroWebs from any liability, claim, loss, damage or
expense arising out of the indemnifying party's breach or violation of any
covenant contained in this Policy and resulting from the Customer's use of the
service.
- AstroWebs reserves the right to cancel service for any
reason without prior notice. In case of cancellation, unused fees may or may not
be returned to the subscriber on a pro-rata basis, solely at AstroWebs's
discretion. Fees for setup and the first month's service are not refundable.
If a customer re-registers after AstroWebs's
cancellation of the account without AstroWebs's written consent, AstroWebs will
cancel Customer's account and all dues and fees paid to date regardless of
whether service has been rendered will be forfeited. Additionally, any amounts
due will be immediately payable.
- Customer shall ensure that its use of AstroWebs's network
services shall not disrupt AstroWebs, its associated networks or equipment
forming part of the systems. In instances in which an excessive amount of system
resources are utilized by a subscriber, AstroWebs reserves the right to place CPU
process limits on the Customer's account to prevent disruption of service to
other customers.
- Use of AstroWebs's services for creating or sending Internet
viruses, worms or other destructive code, or for pinging, flooding or
mailbombing, or engaging in other denial of service attacks is prohibited. It is
also prohibited for any customer to engage in other activity that is intended to
disrupt or interfere with, or the results in the disruption or interference
with, the ability of others to effectively use the services (or any connected
network, system, service, or equipment) or conduct their business over the
Internet.
- "Hacking" and related activities is prohibited. "Hacking"
includes, but is not limited to, the following activities: illegally or without
authorization, accessing computers, accounts or networks, penetrating or
attempting to penetrate security measures, port scans, stealth scans, and other
activities designed to assist in hacking.
- Use of other organizations' networks or computing resources
is subject to their respective permission and usage policies.
- The exportation of encryption software outside of the United
States and/or violations of United States law relating to the exportation of
software is prohibited.
- The use of AstroWebs's services to engage in any activities
that are determined by AstroWebs, in its sole and absolute discretion, to be
illegal is prohibited. Such illegal activities include, but are not limited to,
storing, posting, displaying, transmitting, or otherwise making available ponzi
or pyramid schemes, fraudulently charging credit cards or displaying credit card
information of third parties without their consent, and failure to comply with
applicable online privacy laws.
- Engaging in any activity that, in AstroWebs's sole and
absolute discretion, disrupts interferes with or is harmful to (or threatens to
disrupt, interfere with, or be harmful to) AstroWebs's services, business,
operations, reputation, goodwill, customers and/or customer relations, or the
ability of AstroWebs's customers to effectively use the services is prohibited.
Such prohibited activities include making available any program, product or
service that is designed to or could be used to violate this Usage Policy. In
addition, the failure by a customer to cooperate with AstroWebs in correcting or
preventing violations of this Acceptable Use Policy is a violation of this
policy.
- In general, AstroWebs does not monitor its customers' web
sites or activities to determine whether they are in compliance with this
Acceptable Use Policy. However, when AstroWebs becomes aware of any violation of
this policy or other AstroWebs agreements, AstroWebs may take action to stop or
correct such violation, including but not limited to, shutting down a web site,
denying access to the services, and/or removing information.
- AstroWebs will cooperate fully with appropriate law
enforcement agencies in connection with any and all illegal activities occurring
on or through its services. This includes, but is not limited to, disclosing any
information in AstroWebs's possession, including without limitation, information
about customers, Internet transmissions and web site activity in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation, or governmental request, to protect AstroWebs or others from harm,
and/or ensure the proper operation of the services. AstroWebs has no obligation
to notify any person, including the customer about whom information is sought,
that AstroWebs has provided the information.
- AstroWebs accounts cannot be transferred or used by anyone
other than the subscriber. Customers may not sell, lease, rent or assign the
connection or parts of the connection to any party not named in this Policy.
Customer may allow ftp access to its server without violating this Policy.
- At the time of account cancellation, a Cancellation Code will
be provided. If accounts are billed in error after the Cancellation date,
credits will only be issued with a valid AstroWebs Cancellation Code. If
cancellation is done in writing, it will be the responsibility of the Customer
to contact AstroWebs for the Cancellation Code.
- Transferring your domain to another provider does not
constitute canceling your AstroWebs account. You must notify AstroWebs to formally
cancel your account with AstroWebs to avoid further charges.
- Setup fees are not refundable.
- AstroWebs requires that its agreements be made with a person
who is qualified to contract. As such, subscriber must be over the age of
eighteen (18) years. Otherwise, a parent or guardian must accept this agreement
and enclose the proper payment. AstroWebs cannot accept payments from persons who
are not at least eighteen (18) years of age, nor can we accept agreements from
persons who are not at least eighteen (18) years of age.
- On occasion, AstroWebs may have a need to communicate with its
customers through email issues related to billing, as well as changes, additions
and modifications to the network. It is the responsibility of the customer to
check email sent to the primary email address on the account.
- It is the responsibility of the customer to contact AstroWebs
of any changes to their account, such as primary email address, phone number,
address, credit card information, etc. Customers will be required to provide
verification for security purposes authorizing them to make any changes to that
account.
- For all new domains purchased through AstroWebs, there is a
yearly non-refundable registration fee. AstroWebs will automatically pay this fee
as well as all annual non-refundable renewal fees on your behalf while your AstroWebs
account is active and current. These fees will appear on your billing
statement unless prior arrangements are made with our customer service department.
- Use of AstroWebs's hosting services could involve listing
subscriber's participation in relevant directories, and subscriber expressly
grants permission for such listings.
- Although all hosting plans permit unlimited data transfer,
each plan is subject to a surcharge in the event usage exceeds the allotted free
bandwidth for that plan. Customer is responsible for charges related to
bandwidth exceeding the plan's allotted data transfer.
- Customer warrants that any material submitted for publication
on AstroWebs does not violate or infringe any copyright, trademark, patent,
statutory common law or proprietary interest of others or contain anything
obscene or libelous. AstroWebs reserves the right to remove any and all materials
which infringe on copyright work. Such materials will be removed at any time
upon receiving a complaint and or notice of copyright infringement.
- If AstroWebs becomes aware of material that could be
infringing on a third party's copyright, it will initiate an investigation. To
conduct an investigation of copyright infringement, the Complainant must submit
at least two items. First, Complainant must submit a claim in writing with the
applicable copyright or trademark registration number and a copy of the
underlying copyrighted work along with the Customer's materials. Second,
Complainant must offer a good faith certification signed under penalty of
perjury. This certification must state that the work is the property of the
Complainant, that the work has been copied and that use of the work is not
defensible. With this information in-hand, AstroWebs, at its discretion, may, at
any time deny access to the challenged material of Customer.
- AstroWebs, Inc., is registered with the United
States Copyright Office pursuant to the Digital Millennium Copyright Act. If
you believe that your work has been copied in a way that constitutes copyright
infringement by a AstroWebs customer ("the Customer"), you ("the Complaining
Party") must first provide AstroWebs's Copyright Agent with the following
information in writing ("the Notification"):
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest that is allegedly
infringed;
- a description of the copyrighted work that you claim has been
infringed; if multiple copyrighted works at a single site are covered by a
single notification, then include a representative list of such works at that
site;
- a description of where the material that you claim is
infringing is located on the site sufficient to permit us to locate the
allegedly infringing material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
AstroWebs's Copyright Agent for Notice of claims of copyright infringement on its site is
Robert Romano, who can be reached as follows:
- By mail:
Copyright Agent
AstroWebs, Inc.
183 Robin Hollow Road
West Greenwich, RI 02817
- By email: copyright@astrowebs.net
- By phone: 877-999-0321
- Any party seeking to report any other potential violations of
this Agreement may contact AstroWebs via email at abuse@astrowebs.net.
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