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
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.
Provider does not permit customer to use any of the following:
||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.
including copyrighted works, trademark or patent infringements, or any material in
violation of any Federal, State, or Local regulation.
||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.
"warez", "phreaking", "hacking", or any other similar
activity, or to use customer site for providing links or "how to" information
about such topics.
||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.
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.
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.
||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.
& 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.
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.
||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
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.
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.
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.
||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.
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.
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.
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
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.
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.
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.
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.
||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.
||If any provision of
this Agreement is held to be unenforceable for any reason, the remaining provisions shall
remain in full force and effect.
||The waiver of any
breach of this Agreement will not operate as a waiver of any other or subsequent breach.
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.
||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.
|City, State, Zip:
|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.