This Terms of Service Agreement (the “TOS” or this “Agreement”) contains the terms and conditions which govern the customers (“Customer”) use of any Internet-related services (referred collectively herein as the “Services”) provided by austindev.com (“Austin Web Development”) including, but not limited to: Shared Hosting Services, Reseller Hosting Services, Dedicated Server Services, Domain Name Registration, Colocation, Hosted Email, and Renewal Services.
By establishing an account and by using the Services provided by Austin Web Development, Customer represents and warrants that (i) Customer is at least eighteen (18) years of age, (ii) Customer possesses the legal right and ability to enter into this Agreement, and (iii) Customer will constitute acknowledgment of and agreement to the terms outlined in this Agreement.
This Agreement may be revised, in part or in full, at any time by Austin Web Development. Continued use of the Services provided by Austin Web Development after such changes have been made will constitute acceptance of any revisions to this Agreement.
1. APPROPRIATE USE OF THE SERVICES
All Services provided by Austin Web Development may be used for lawful purposes only.
Customer agrees not to distribute, display or electronically transmit any content and/or materials through use of the Services which violate any local, state, federal, international and foreign laws or regulations.
Customer agrees to adhere to the following Austin Web Development policies and agreements, in addition to any Master Services Agreement that may be in place:
Austin Web Development reserves the right to refuse and discontinue Services to any Customer it deems, in its sole discretion, violates this Agreement.
2. PAYMENT OBLIGATIONS AND CANCELLATION
Customer agrees to pay for Services rendered in advance for each service term. Payment failures will result in a notice of disconnection by electronic mail. All payment failures must be cured within ten (10) days of notice. Failure to secure payment within ten (10) days of notice will result in Service suspension. Failure to secure payment after thirty (30) days of notice will result in Service termination.
Cancellation requests must be made in writing via our help desk, which can found at http://www.austindev.info at least five (10) days before the next service term billing cycle. Customer will have access to review the Billing History through the Client Area to make the necessary judgement for Cancellation date. Any Customer still in a contract at the time of cancellation will be billed any and all termination fees per their Master Services Agreement will be due.
Austin Web Development will not issue refunds for fees paid in advance, for Services terminated due to breach of this Agreement or for fees and/or payments made after the first twenty-eight (28) days of Service. All fees paid for domain name registrations are nonrefundable, without exception.
3. DATA RETENTION
Data backups will be performed, as a courtesy, by Austin Web Development on a daily basis. These daily backups will be rotated weekly and monthly. Austin Web Development will not maintain daily or weekly backups for customers who exceed 1GB of disk space and/or 10,000 INODES.
Customer is advised to maintain a local backup of all data stored on the Austin Web Development servers in the event that backups made by Austin Web Development are irretrievable or damaged. Customer may create and download a current data backup from within the assigned Account Control Panel. Austin Web Development can not guarantee the existence, accuracy, or regularity of data backups and as such may not be held responsible for data loss resulting from the unavailability of data backups.
Data backups will be retained for no longer than thirty (30) days after Services have been cancelled and/or terminated.
Customer agrees to indemnify and hold harmless Austin Web Development against any losses, expenses, claims, damages, liabilities, penalties, attorney’s fees, actions, proceedings or judgments to which Austin Web Development may become subject and which arise out of, or relate to this Agreement or Customer’s use of the Services.
5. DISCLAIMER OF WARRANTY
THE SERVICES ARE PROVIDED TO CUSTOMER ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. Austin Web Development DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Austin Web Development SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL Austin Web Development BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Austin Web Development CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWO HUNDRED DOLLARS ($200 US).
7. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America. Customer agrees that jurisdiction for any and all claims or disputes shall reside in Travis County, Texas, United States of America.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement, including the exhibits, attachments and/or addenda, if any, represents the entire Agreement and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between Customer and Austin Web Development with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by the Customer, but may be so transferred, assigned or delegated by Austin Web Development. Any waiver or any provision of this Agreement, or any delay in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
The recourse available to customers who become dissatisfied with the Services, the terms and conditions of this Agreement, or any policy, practice, or guideline set forth by Austin Web Development will be limited to cancellation of the Services pursuant to the provisions set forth in Section 2.
Austin Web Development
595 Round Rock West Drive, Suite 501
Round Rock, TX 78681