Terms of Service
Last updated: June 14, 2008
Agreeing to American Princess Web Solutions Acceptable Use Policy, Privacy Policy, and Terms of Service is mandatory for using our services. The following rules apply to any and all of the sites you host with American Princess Web Solutions, as long as they are in compliance with all applicable laws in the State of Nevada, the United States of America, and the client's residence. American Princess Web Solutions reserves the right to amend any policy and agreements on this page at any time.
Terms of Service
Introduction
During the term of its agreement with American Princess Web Solutions, the customer must ensure that the use of any resource offered to the customer or owned or controlled by American Princess Web Solutions ("Service") conforms with American Princess Web Solutions's then current Acceptable Use Policy ("AUP"). American Princess Web Solutions may modify, without prior notice, the AUP as American Princess Web Solutions deems appropriate; such modified AUP is effective upon posting on American Princess Web Solutions's website.
Disclosure
The AUP specifically prohibits the use of our service for any and all illegal activities. The Service will only disclose subscriber information including, but not limited to, assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena.
Contact & Billing Information
You must provide us with good contact information at all times. E-mail and telephone contacts are required, fax contact information is encouraged.
Billing of Service
Full payment via 2checkout, PayPal, or check/money order is expected before Service may begin.
Customer will automatically be sent an invoice to the e-mail address American Princess Web Solutions has on file for Customer 14 days before Customer's bill is due. Customer will be sent a payment reminder email 7 days before Customer's bill is due. Customer will automatically be sent a receipt to the e-mail American Princess Web Solutions has on file for Customer when payment has been accepted successfully.
Customer has a 4 day grace period immediately following the day payment is due to pay in full without an additional charge. After the 4 day grace period, your account will be charged a late fee of 25% of your total bill.
Customer's account will be suspended 14 days after the day payment was initially due.
Customer's account will be suspended and their account subsequently terminated from the Service 90 days after non-payment. Termination is automatic and cannot be undone.
However, if Customer chooses to pay after the 90 day termination date, Customer will be charged a separate 75% of any outstanding bills to reactivate their account. This includes, but is not limited to: hosting plans and domain registrations. American Princess Web Solutions will not provide backups of your account if your site surpassed the 90 day termination date.
Refunds
Domain name registrations and any extra services such as add-ons, name servers, programming work, or web designing are non-refundable.
Unconditional refunds for hosting are only available if you cancel your account within 30 days of receiving your account's login details.
We process applicable refunds within one week.
Cancellation of Service
All cancellations must be sent using the cancellation form in the support center. In the event that a client chooses to cancel the Service, Customer must cancel by accessing their client area and choosing the Cancellation link available for each product and service listed under their account. Customer will be removed automatically within one day of cancelling their product or service.
Customer will also be removed from any billing and/or contact solution that contains their personal information.
Cancellations must be received 21 days before the next bill is due. In the event that the cancellation notice comes less than 21 days before the next bill, the bill will be charged at the FULL rate.
In the event that the client has been a client for less than 30 days, a full refund will be given. This does not include domain registration fees or any other fees that may be associated with the account.
Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. American Princess Web Solutions reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to the Service at any time for violating this AUP. American Princess Web Solutions also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the Service or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, American Princess Web Solutions reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, American Princess Web Solutions, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. American Princess Web Solutions will fully cooperate with law enforcement authorities in the detection and prosecution of all illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension without refund, as well as criminal prosecution where deemed necessary.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Acceptable Use Policy
Content
You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited.
We are not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but not limited to Adult sites, pirated software, hacker programs/archives, MP3, Warez, copyrighted material or material protected by trade secrets and other statutes.
Threats and unlawful conduct
Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Data
Except where the Service has expressly agreed to in writing to the contrary, Customers are solely and entirely responsible for the management and backup of all Customer data, including but not limited to any and all updates, upgrades, and patches to any software that Customer use in connection with the Service.
Resource Usage
If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degredation to other clients services. The Service be the sole arbiter as to what constitutes a violation of this provision.
Fraud
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits
Any activity which affects the ability of other people or systems to use any services or other internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Programs
We do not allow programs to run continually in the background. This is to minimize system resources used and operational maintenance needed. We do not allow any chat or topsite programs on our servers other than the ones we pre-install for our clients to use. IRC: We currently DO NOT allow IRC or IRC bots to be operated on our network.
Commercial Advertising- Email (SPAM)
Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be fined and billed for such work. The fee for such an instance if you are found to be at fault is $.50 per email sent and up to a $500 fine per incident.
Server abuse
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate de-activation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.
Privacy Policy
Any personal information that American Princess Web Solution obtains from our customers is used strictly for customer service and support.
The types of personal information collected while purchasing are:
First name
Last name
Address
City
Zip code
Country
Contact phone number
This information is not shared with any third party, unless requested by law enforcement with proper identification.
This information is protected with the utmost security measures, including but not limited to 256bit SSL encryption.
LIMITATION OF LIABILITY
American Princess Web Solutions shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, American Princess Web Solutions shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of American Princess Web Solutions servers. All damages shall be limited to the immediate termination of service. American Princess Web Solutions shall be the sole arbiter of what is and is not a violation of these acceptable use policies. American Princess Web Solutions reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. American Princess Web Solutions reserves the right to delete all content and files upon termination. American Princess Web Solutions reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. American Princess Web Solutions reserves the right to refuse, cancel, or suspend service at our sole discretion. American Princess Web Solutions reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.
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