Absolute Web Solutions, Affordable Web Site Hosting & Web Site Design

1. Absolute Solutions, Inc. is an Internet Presence Provider. We host/design web sites, provide E-mail services, consulting, hardware/software sales & service, networking, and other related services as they become available. Absolute Solutions, Inc. will be referred to hereafter as "Provider". Customer agrees to abide by all stated Terms & Conditions. Provider reserves right to change policies from time to time in order to accommodate any changing laws, advancing technology, and/or to expand services to its customers. Provider also reserves the right to cancel or interrupt any customer's access to services without notice if it is believed the account is violating any of the Terms & Conditions of this agreement.
2. Usage: Services of Provider may only be used for lawful purposes. Use of services which violates any Local, State, Federal, or International laws in any jurisdiction that customer or customer site is subject to, is strictly prohibited.
3. Unacceptable Usage: Provider does not permit customer to use any of the following:
a. Any adult materials including all pornography, erotic images, nudity, or other obscene/lewd content material. Designation of adult material is solely to the discretion of Provider.
b. Illegal material including copyrighted works, trademark or patent infringements, or any material in violation of any Federal, State, or Local regulation.
c. The use of our network or equipment to send "SPAM". "SPAM" is unsolicited commercial E-mail. Unsolicited includes sending more than 3 unwanted or unrequested E-mail messages at once. There is ZERO tolerance for "SPAMMING" and the customer account will be discontinued upon indication of such activity.
d. Pirated software, "warez", "phreaking", "hacking", or any other similar activity, or to use customer site for providing links or "how to" information about such topics.
e. The posting or transmitting of any unlawful, threatening, abusive, libelous, defamatory, offensive, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law.
4. Customer is solely responsible for creating, managing, linking, editing, reviewing, deleting, and otherwise controlling all text, pictures, sound, graphics, video, and other data for customer's web site and all user-generated content which is provided on the web site (collectively the "content"). Provider is a conduit only, customer has complete discretion of the content subject to Provider's Terms & Conditions.
5. Although Provider performs periodic backups for its own use, Provider is not responsible for files & data residing on customer account. Customer is responsible for maintaining backup of files & data. Customer is solely responsible to upload the content directly to the web site. Customer is responsible to maintain a complete & current copy of the web site at a location remote from Provider. Should Provider be requested to retrieve the content of Customer's web site from Provider's backup, if the data is available; there will be a $50.00 retrieval fee.
6. Customer agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond which you are authorized, and impairing the ability, reliability, or quality of service for the other customers. You also agree not to interfere with proper operation of other systems reachable through the Internet; including any attempt at unauthorized access. You agree to follow the Acceptable Usage Policy of any network or service you connect to.
7. Ownership Rights & Licenses: Customer is the owner of Customer's Domain Name (if applicable) and all of Customer's content. Provider is the owner of Absolute Web Solutions Domain (absolutesites.com). Customer grants to Absolute Solutions, Inc., in conjunction with customer web site only, a nonexclusive, nontransferable royalty-free, worldwide license to reproduce, distribute, publicly display, and digitally perform the content and the tools and work product (such as the HTML, Java applets, Cold Fusion scripts and ActiveX controls) for Customer's web site. Customer and Absolute Solutions, Inc. each grant to the other a nonexclusive, nontransferable, royalty-free, worldwide license to use the other's Domain Names, trademarks, service marks, trade names, logos, or other commercial designation for purposes of creating content directories or indexes, and for marketing and promoting the web site. The licensing rights granted in this paragraph will automatically terminate with the termination of Provider's service to customer.
8. Indemnification: Customer agrees that it shall defend, indemnify, save and hold Absolute Solutions, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against Absolute Solutions, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Absolute Solutions, Inc. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Absolute Solutions, Inc. server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Absolute Solutions, Inc.'s server.
9. Disclaimer - Absolute Solutions, Inc. will not be responsible for any damages your business may suffer. Absolute Solutions, Inc. makes no warranties of any kind, expressed or implied for services we provide. Absolute Solutions, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Absolute Solutions, Inc. and its employees. Absolute Solutions, Inc. reserves the right to revise its policies at any time.
10. Customer understands that by placing information through Absolute Solutions, Inc. on Internet servers that such information becomes available to all Internet users and that Absolute Solutions, Inc. has no way of limiting or restricting access to such information or protecting such information from copyright infringement. Customer assumes total responsibility and risk for their use of Absolute Web Solutions web hosting services and the Internet. It is solely the customer's responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Absolute Solutions, Inc. or on the Internet generally.
11. Customer agrees that the security of their account is solely their own responsibility. Customer further agrees that if it is believed that the security of the Customer's account has been compromised in any way, the customer agrees to notify Absolute Solutions, Inc. immediately in writing by registered mail return receipt requested to Absolute Solutions, Inc. PO BOX 6011 Evansville, IN 47719. Customer shall be held fully responsible for any misuse or compromise to customer's account for which Absolute Solutions, Inc. has not been properly notified. Customer agrees that if any security violations are believed to have occurred in association with said account, Absolute Solutions, Inc. has the right to suspend access to the account pending an investigation and resolution. Customer also agrees that Absolute Solutions, Inc. has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to customer. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. In no event shall Absolute Solutions, Inc. be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this agreement.
12. Disclaimer of Warranties: EXCEPT AS SET FORTH HEREIN, ABSOLUTE SOLUTIONS, INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. Termination:
a. Provider shall have the right to terminate the agreement in event of any material breach of the agreement or breach of Provider's policies. Prior notice and right to cure may or may not be given.
b. Provider reserves right to refuse or cancel service for any reason without prior notice. Customer must notify Provider in writing with 30 days advance notice to cancel service. Provider will notify customer of cancellation only via E-mail. Fees for setup and first month's service are not refundable. In the event you cancel your service, you will be charged in full for the entire month in which the service was canceled. In the event you have elected to prepay subsequent, additional months' fees, we retain the right to charge an administrative fee and deduct the administrative fee from the subsequent, future months' fees before refunding them to you.
c. Attorney's Fees. Should fees be incurred by Provider to enforce any of the terms or provisions of this agreement, Customer agrees to pay Provider reasonable attorney's fees and costs incurred in such attempts at enforcement including, but not limited to, pre-suit collection costs, witness fees, litigation fees and cost, and post judgment collection fees.
14. Account Transfer: Provider accounts cannot be transferred or used by anyone other than the customer or customer's family or appropriate business associates which are also bound by Provider's Terms & Conditions. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this policy. Customer may allow ftp access to the server and host web sites for its customers without violating this policy.
15. Using Absolute Solutions, Inc. to put information on the Internet is an acknowledgement that you have read and understand the Terms & Conditions of this agreement, and submission of Registration Forms shall constitute your approval of said Terms & Conditions.
16. Payment: Pre-payment is required on all accounts. Set up fees are non refundable. Returned checks will be assessed a $20.00 charge. All accounts are paid in US dollars. All payments are due by the first of the month. There will be a 10 day grace period, after which, account is subject to a $5.00 late fee. The delinquent account will be suspended after 30 days. There is a $40.00 charge to reinstate a suspended account upon balance due being paid in full. (balance plus late fees). Any delinquent account that has not been reinstated for 90 days will be permanently removed. To reinstate a removed account, said account must be paid in full which includes balance due, late fees, reinstatement fee, and is also subject to a $50.00 set up fee.
17. Identification Information - You, the customer, agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Absolute Solutions, Inc. with a current and truthful name, postal address, telephone number and date of birth for our records, and you have a continued obligation to keep this information current.
18. Disclosure: Absolute Solutions, Inc. has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on our servers. Absolute Solutions Inc. will only access and disclose information as necessary to comply with applicable laws and government requests, to provide our services, to operate or maintain its systems or to protect itself or its customers. Customer agrees to not-disclose proprietary information to any third party pertaining to the use of Absolute Solutions' services. This includes passwords, protected customer areas, mail server information, or services provided on behalf of customer by Absolute Solutions, Inc. without the express written permission of Absolute Solutions, Inc.
19. Miscellaneous Provisions:
a. This Agreement will be governed by Indiana law without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in the of Indiana, and that any action brought regarding the enforcement or interpretation of this Agreement shall be filed in Vanderburgh County, Indiana. The prevailing party in any action will be entitled to reasonable attorney's fees and costs.
b. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.
c. The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.
d. This Agreement, including any attachment, constitutes the entire understanding and agreement between Absolute Solutions, Inc. and Customer. This Agreement may only be amended in writing acknowledged by both parties.
e. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created. Neither party shall have the power to obligate or bind the other.

 

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Company:

 

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Address:

 

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City, State, Zip:

 

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Last Name:

 

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First Name:

 

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Title:

 

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By signing this document you are stating that you are an authorized agent for your company and you can legally engage in this contract on behalf of your company. The length of this contract is for a minimum of one year. Furthermore, you are stating that you have read the entire content of this agreement as stated above and you agree with the terms and conditions as set forth.

Authorized Signature:

 ______________________________________

Date:

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