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Anything For Multimedia Web Hosting and Services
Terms and Conditions
The following document describes the Terms and Conditions
between Anything for Multimedia (afm.net) and a web hosting customer. In this
document Anything For Multimedia may be referred to as AFM, afm.net, Host or We.
The customer may be referred to as the Customer Client or You.
- Design and Maintenance Design and Maintenance
fees are independent from hosting fees and may be billed individually or
together.
- Design fees Design fees are non refundable and
are to be paid before commencement of web site design.
- Website hosting fees. Website hosting fees are
non refundable. Web site hosting fees are paid in advance of site creation and
uploading.
- Basic web design. Basic web design consists of
not more than 5 web pages with basic web design techniques. E-commerce,
database connections JavaScript, Java, and VB scripting are not considered
basic design and is not included unless agreed upon (in writing) before the
onset of creation of site. A Maximum of Two company logos and or photos will
be included in the Basic design as long as the customer’s logo is already
created and in digital format and or is easily scannable and can be converted
to a digital format for use on site.
- Initial Design Time. Basic initial web site
design should not take more than 5 hours and the first 5 hours are considered
included in the site setup and design weather used or not by client.
- Temporary Sites. Temporary place holders can be
created for customers web sites if the basic design is not desired by client.
Minimum set up fees still applies unless agreed upon by both Client and AFM in
writing. (Basic one page sites with no content just a home page stating under
construction.)
- Not Tolerated. Pornographic, Illegal material,
Unsolicited emailing to promote of goods and services associated with your web
site, racism and or WILL NOT BE TOLERATED. Immediate suspension of site will
occur without notice if this rule is broken in any manner.
- Excessive usage. Excessive usage of bandwidth (at
our sole discretion) will result in termination of services or restrictions of
available bandwidth to your domain.
- Your responsibility. You are responsible to
ensure that you are using this web hosting service in accordance with the
laws. You are also responsible for the data contained within your site. We
take precautions to protect data and web pages however we are not responsible
for lost corrupted and or missing data, graphics and or any facet of your
website.
- Payments We will provide you with invoices for
services rendered. Payment is due upon receipt of the invoice and shall be
made in US currency and or thru PayPal link on home page of
www.afm.net. A payment over 30 days after date of invoice creation date is
considered past due. For Overdue invoices there is a 1.5% (or maximum allowed
by law which ever is greater) fee for each month or part of month past due.
AFM may assign unpaid invoices to a collection agency for action, at our
discretion. If AFM resorts to legal action to recover monies owed by customer,
Customer agrees to reimburse AFM for all expenses incurred to recover such
monies including attorney fees. Customer authorizes AFM to conduct a credit
search which we will use to determine the credit worthiness of the customer.
- No warranties. Except as otherwise expressly
stated in writing and or this document AFM will disclaim any and all
representations and warranties, Express, implied or arising by course of
performance, dealings, custom or trade usage, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose (even
if we knew or should have known the purpose) and non infringement. Neither our
network service provider nor we will be liable for un-authorized access to or
alteration, theft or destruction of your data files, programs, procedures, or
information through accident, fraudulent means or devices or any other method,
regardless of the cause of such damage. You agree that the service is provided
on an AS IS, and AS AVAILABLE BASIS, and that the speed and uninterrupted use
of such service are not guaranteed. AFM doesn’t warrant that the services or
equipment provided will meet your needs, perform at a particular speed,
bandwidth or data throughput rate, or will be uninterrupted, error free, or
Secure.
- Indemnification You will indemnify us and our
network service providers for damages, costs, liabilities and attorney fees we
incur from any claim arising from your use of the services of the use of the
services by your customers (including without limitations, Violations of
copyright laws, or other intellectual property rights others) any combination
of services with other products or services not provided by us, or any
modification of services. In addition you shall defend, indemnify and hold our
network service provider and us harmless from any and all claims (including
claims by governmental entities seeking to impose penal sanctions) related to
any content transmitted by you (or any third party gaining access to our
network thru use of our services)The indemnifying party shall conduct and
control the defense and shall have control of the litigation and settlement,
if any. As a condition of indemnification, the indemnified party shall give
prompt notice of all claims and shall cooperate in defending against the
claim. The parties disclaim any implied warranty of non-infringement, relying
instead on the terms of this section.
- Compliance with laws. You agree to not use or
permit the use of our services in ways that violate any law or applicable
regulations, or our acceptable use policy. We reserve the right to TERMINAT
the service at anytime without notice, in the event that your use of the
service, IN OUR SOLE JUDGMENT violates any applicable export law, local law,
regulation or ordinance, or the terms of this agreement or otherwise adversely
affects or network services, customers, employees. We also reserve the right
to provide information about your account to third parties including but not
limited to law enforcement agencies as permitted or required by law.
- Termination for Default. Either party may
terminate or cancel this master agreement if the other fails to cure a
material breach of this agreement within 30 calendar days after receiving
written notice of the breach. We reserve the right, but assume no obligation ,
to suspend the services immediately if you are more than 30 calendar days
overdue in payments or if, in our reasonable judgment, you have violated any
portion of this agreement.
- Resolution of disputes. The parties desire to
resolve disputes without litigation. All parties agree to use an appointed
knowledgeable responsible representative to meet and negotiate in good faith
to resolve any disputes between parties. The parties contend that the
negotiations are to be conducted by non-lawyer , business representatives. The
frequency, duration, and conclusion of these discussions shall be left to the
discretion of the representatives. Upon agreement the representatives may
utilize other dispute resolution procedures such as mediation to assist in the
negotiations. All discussions are to be treated as confidential and all
information not to be used in arbitration and or any other dispute resolution
methods.
- Limit of Liability. In all disputes
between customer and AFM liabilities are limited to the amount of monetary
damages incurred. No other charges are disputable. Only the charges associated
with the lost monies associated with the creation and design of customer’s web
site are allowed. Example if you paid $250.00 for hosting and $500.00 for
website creation the maximum allowable liability would be $750.00 plus
reasonable costs of dispute resolution.
- Miscellaneous. The terms and conditions of this
master agreement supersede all previous agreements, proposals or
representations related to the service. You may not change this agreement with
out written permission
- Change of Venue. We may without notice move your
domain/website from our servers to an affiliate web hosting company. All
domain/website transfers initiated by AFM are to be conducted by AFM personnel
and are to be paid for and maintained by AFM staff unless specifically agreed
upon beforehand by both parties. AFM may move your site with out reason or
cause and may transfer all technical and development and billing tasks to
another hosting company. All precautions will be taken to move site in a
manner to avoid disruption however no guarantees are to me made or implied as
to service disruptions and or uptime and bandwidth.
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