
This User Agreement ("Agreement") is an agreement between
AstroWebs, Inc. ("AstroWebs"), a Rhode Island Corporation, and the
party set forth in the related order form incorporated herein by reference
(together with any subsequent order forms submitted by Customer, the "Order
Form"), and applies to the purchase of all services (collectively, the
"Services") ordered by Customer. Such party is referred to in this Agreement as
"Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE
SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. AstroWebs reserves the
right to reject this Agreement for any reason or no reason, prior to acceptance
thereof by AstroWebs. Activation of the Services shall indicate acceptance
of this Agreement by both parties. Subject to the terms and conditions of this
Agreement, AstroWebs will provide to Customer the Services selected by Customer.
1. Acceptable Use Policy. Under this Agreement,
Customer shall comply with AstroWebs' then current "Acceptable Use Policy",
as amended, modified or updated from time to time by AstroWebs, which
currently can be viewed at http://www.astrowebs.net/legal_acceptable_use.asp,
and which is incorporated in this Agreement by reference. Customer hereby
acknowledges that it has reviewed the Acceptable Use Policy and that the terms
of the Acceptable Use Policy are incorporated herein by reference. In the event
of any inconsistencies between this Agreement and the Acceptable Use Policy, the
terms of the Acceptable Use Policy shall govern. AstroWebs does not intend
to systematically monitor the content which is submitted to, stored on or
distributed or disseminated by Customer via the Service (the "Customer
Content"). Customer Content includes content of Customer's customers and/or
users of Customer's website. Accordingly, under this Agreement, you will be
responsible for all content and activities on your website. Notwithstanding
anything to the contrary contained in this Agreement, AstroWebs may
immediately take corrective action, including removal of all or a portion of the
Customer Content, disconnection or discontinuance of any and all Services, or
termination of this Agreement in the event of notice of possible violation by
Customer of the Usage Policy. In the event AstroWebs takes corrective action
due to a violation of the Usage Policy, AstroWebs shall not refund to
Customer any fees paid in advance of such corrective action. Customer hereby
agrees that AstroWebs shall have no liability to Customer due to any
corrective action that AstroWebs may take (including, without limitation,
disconnection of Services).
2. Amendment. AstroWebs may amend, modify or
update this Agreement or the Usage Policy at any time in its sole discretion,
and Customer shall be bound by any such amendment, modification or update. AstroWebs
may, but is under no obligation to, provide notice of any amendment,
modification or update of this Agreement or the Usage Policy. Any modification
is effective on the earlier of two days after posting on AstroWebs' website
or two days after the sending of a notice by AstroWebs to Customer by e-mail
or conventional mail. If any material modification to this Agreement or the
Usage Policy is unacceptable to you, you may terminate your subscription as
provided in Section 3. However, if you do not terminate the Agreement, or if you
continue to use the Services following effectiveness of the modification, your
continued use will mean that you have accepted that modification. AstroWebs
reserves the right to amend its service offerings and add, delete, suspend or
modify the terms and conditions of the Services, at any time and from time to
time, and to determine whether and when any such changes apply to both existing
and future customers.
3. Term; Termination; Cancellation Policy. The
initial term of this Agreement shall be as set forth in the Order Form (the
"Initial Term"). The Initial Term shall begin upon commencement of the Services
to Customer. After the Initial Term, this Agreement shall automatically renew
for successive terms of equal length as the Initial Term, unless terminated or
cancelled by either party as provided in this section. The Initial Term and all
successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving
the other party 30 days prior written notice (subject to an early cancellation
fee as provided below), (ii) by AstroWebs in the event of nonpayment by
Customer, (iii) by AstroWebs, at any time, without notice, if, in AstroWebs'
judgment, Customer is in violation of any term or condition of the Usage
Policy or Customer's use of the Service disrupts or, in AstroWebs' judgment,
could disrupt, AstroWebs' business operations and (iv) by AstroWebs in
accordance with Sections 1, 9, and 10 of this Agreement.
If you cancel this Agreement prior to the end of the Term, (i)
you shall be obligated to pay all fees and charges accrued prior to the
effectiveness of such cancellation, (ii) AstroWebs shall refund to you all
pre-paid fees for basic hosting services (shared, dedicated and/or managed) for
the full months remaining after effectiveness of cancellation (i.e., no partial
month fees shall be refunded), less any setup fees and any discount applied for
prepayment, (iii) you shall be obligated to pay 100% of all charges for all
Services for each month remaining in the Term (other than basic hosting fees as
provided in (ii) above) and (iv) AstroWebs shall have the right to charge
you an early cancellation fee of $25.00. Any cancellation request shall be
effective 30 days after receipt by AstroWebs, unless a later date is specified in such request.
If AstroWebs cancels this Agreement prior to the end of
the Term due to a violation of its policies, AstroWebs shall not refund to
you any fees paid in advance of such cancellation and (i) you shall be obligated
to pay all fees and charges accrued prior to the effectiveness of such
cancellation, (ii) you shall be obligated to pay 100% of all charges for all
Services for each month remaining in the Term and (iii) AstroWebs shall have
the right to charge you an early cancellation fee of $25.00.
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