Terms of Service
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of web hosting, e-Commerce and other Internet-related services provided by Austin Web Development Company (the “Services”). As used in this Agreement, “AustinDev” means Austin Web Development, LLC and “Client”, “you”, or “your” means you. As referred to in this Agreement, “Site” refers to a World Wide Web site and “AustinDev Site” refers to the Site located at the URL http://www.austindev.com , or any other successor Sites owned or maintained by AusitnDev.
By purchasing, registering and using the Services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the AustinDev Site.
1. APPROPRIATE USE OF THE SERVICES
AustinDev provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
1.1. Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any AustinDev server in connection with Client’s use of the Services which:
violate any provincial, state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of AustinDev or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate;
violate any AustinDev policy posted on the AustinDev Site including, but not limited to:
AustinDev Acceptable Use Policy
AustinDev UCE (SPAM) Policy
AustinDev Resource Abuse Policy
contain viruses or other computer programming defects which result in damage to AustinDev or any third party.
1.2. No “SPAM”
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at AustinDev, or otherwise, that mentions or reference any domain hosted on AustinDev servers or parked on AustinDev DNS servers.
NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, COLOCATION CUSTOMERS, AND ALL DOMAINS, NAME SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
Violators will be fined! Refer to our UCE (SPAM) Policy .
1.3. Disk Space and Bandwidth
Client may occupy only the amount of disk space on the AustinDev Server and utilize no more than the network bandwidth that is allotted by AustinDev. Additional fees, specified on our Billing Information page located at the URL:
http://www.austindev.com/shared.php, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
1.4. Reselling
Client agrees that it will not resell any part of the service including, but not limited to:
• Disk Space
• Bandwidth
• FTP/SSH Access
• Sub-domains
• E-mail Services
NOTE: THIS POLICY DOES NOT APPLY TO ESTABLISHED AUSTINDEV RESELLERS, DEDICATED SERVER CUSTOMERS, OR TO COLOCATION CUSTOMERS. CLIENT MAY ONLY RESELL THE SERVICES UNDER SIGNED CONTRACT WITH AUSTINDEV.
1.5. Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
1.6. Back-Up Files
Client will have the ability to reinstate files which are automatically archived by AustinDev; however, AustinDev does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. If a restore is needed, the client will be charged $75
1.7. Termination
AustinDev reserves the right to refuse service to anyone. AustinDev, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@austindev.com
2. PAYMENT OBLIGATIONS
2.1. Service Fees
On your invoice date, AustinDev shall either (i) debit Client’s credit card or bank account (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to AustinDev by no later than 7 days after the specified payment due date. AustinDev shall be entitled to immediately terminate this Agreement and all files assoicated with the Client for Client’s failure to make timely payments to AustinDev. All overdue accounts will have a 15% late penality applied to them. Accounts that are 7 days overdue shall be immediatly suspended. If site becomes suspended there will be a $50 unsuspend fee applied to the account. Accounts that are 14 days overdue will be terminiated immediately.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to AustinDev and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination.
AustinDev does not issue refunds for fees paid in advance, for accounts terminated due to breach of this Agreement or for fees and/or payment made towards your account after the first 30 days of Service.
2.2. Domain Names
If Client chooses to register a domain name(s) through AustinDev. Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s). AustinDev does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
2.3. Dedicated & Colocated Servers
If Client chooses to purchance a dedicated server through AustinDev or use AustinDev for colocation services. Client acknowledges and agrees that Client is responsible for the configuration and upkeep of the server. AustinDev is only responsible for hardware failures. If AustinDev is required to repair the machine, Client agrees to pay AustinDev $150.00 per hour for any maintainance/diagnostics, other than hardware related issues.
If Client exceeds their bandwidth overages, they will be billed at a rate of $6.00 per gigabyte.
2.4. Technical Support
Web based technical support is available 24 hours a day, 7 days a week via our online support desk, located at http://www.austindevsupport.com. No support phone calls will be accepted unless customer has a service contract. Customers who call AustinDev without a service contract will be given one warning. Further technical support phone calls, at the discression of AustinDev, will be either (1) automatically enrolled into the basic level support contract or (2) billed at a rate of $150.00 USD per hour. Clients who require or request on-site support will be billed at the rate of $150.00 USD per hour.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall AustinDev be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless AustinDev from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4.
Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must email cancelation request to billing@austindev.com, all cancellation requests must follow the exact instructions provided on the Billing Information page, any other attempt by Client to cancel this Agreement shall be void.
Sections 3 - 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate Client’s use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty US Dollars ($50) prior to any re-instatement of Client’s account. Once payment has been received, Client’s account will be activated within Forty-Eight (48) business hours. AustinDev will maintain an archival copy of Client’s Web site for Seven (7) days after AustinDev receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
5. TAXES
Client will pay and indemnify and hold AustinDev harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE AUSTINDEV SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE AUSTINDEV SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. AustinDev 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, AustinDev 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.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL AUSTINDEV BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE AUSTINDEV SITE OR ANY AUSTINDEV PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL AUSTINDEV CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to AustinDev:
Austin Web Development, LLC
P.O. Box 2231
Cedar Park, TX 78630
If to Client:
Name and address provided for account setup.
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 of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties 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 Client, but may be so transferred, assigned or delegated by AustinDev. Any waiver or any provision of this Agreement, or a delay by any party 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.
In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the State of Texas, United States of America, except with regard to it’s conflict of law rules.
This Agreement and AustinDev’s policies are subject to change by AustinDev without notice. Continued usage of the Services after a change to this Agreement by AustinDev or after a new policy is implemented and posted on the AustinDev Site constitutes your acceptance of such change or policy. We encourage you to regularly check the AustinDev Site for any changes or additions.