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 Ames Associates Network., (the "Services"). As used in this Agreement, "Ames Associates Network." means Ames Associates and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Ames Associates Network site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Ames Associates Network Site" refers to the Site located at the URL http://www.hosttec.net , or any other successor Sites owned or maintained by Ames Associates Network.

Resellers

As a reseller you are bound and all your customers are bound by the limitations of this agreement. You as a reseller agree at all times you hold harmless, defend, and indemnify Ames Associates Services from any legal action taken by any account you sell or create. As a reseller of our services you are responsible for your client's actions and the content that you host for them. In the event of a breach of these terms by any client of yours, you will be notified and asked to rectify the situation in a timely manner. In the event you refuse or do not take action in a timely manner the offending site may at the sole discretion of Ames Associates Services be suspended or terminated. Repeated violations of these terms may result in the termination of your account and all your customers' account.

1. APPROPRIATE USE OF THE SERVICES.

Ames Associates Network 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.

• 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 Ames Associates Network connection with Client's use of the Services which:
• Violate any state, federal or foreign laws or regulations;
• Infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Ames Associates 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 Ames Associates policy posted on the Ames Associates Site including, but not limited to, our AUP.
• Contain viruses or other computer programming defects that result in damage to Ames Associates or any third party.
• Bandwidth. Client may occupy only the amount of disk space allocated to them, and utilize no more than the network bandwidth that is allotted by the plan in which the user has chosen. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
• Domain Aliases. Client will use no more than 10 domain aliases or domain pointers per web site with out the explicit permission of Hosttec.net.
• 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, or otherwise, that mentions or reference any domain hosted by Ames Associates Network servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND RESELLER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
• Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
• Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Ames Associates; however, Ames Associates 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. Backup capability is available through the Client's Control Panel. There is a fee of $75.00 per occurrence if we have to restore a back up for you.
• Termination. Ames Associates Network reserves the right to refuse service to anyone. Ames Associates Network, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. If Ames Associates finds it necessary to terminate a clients account for violation of these policies set forth in the TOS and AUP, the client will forfit any refunds due for unused services. To report any unacceptable behavior by a third party using the Services, please contact abuse@hosttec.net.

2. PAYMENT OBLIGATIONS

Service Fees. Each Client will pay on a monthly or yearly basis depending on the date ordered, Ames Associates Network shall either (i) debit Client's credit card (where such information is provided by Client) on this date. or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month(extras) and the next month after the current month. Where an invoice is delivered to Client, Client shall remit payment to Ames Associates Network by no later than the specified payment due date which will determined by the dated entered into the agreement. Ames Associates Network shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Ames Associates Network. Certain services carry a set-up fee charged by Ames Associates Network to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Ames Associates Network and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly or yearly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be refunded. If Client has retained the Services for one (1) year and has pre-paid for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month. Yearly account using over their usage (additional fees) will be charge at the end of a one month period or if additional services equal or greater than $100 at any one time whichever of these conditions comes first
Domain Names. If Client chooses to register a domain name(s). Ames Associates has no part in maintaining or payment of such service and in under total control on the client.

3. CLIENT LIABILITIES AND INDEMNIFICATION

• The parties agree that in no event shall Ames Associates Network 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 Ames Associates Network 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 follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the Ames Associates Network to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice 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 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. Ames Associates will maintain an archival copy of Client's Web site for Seven (7) days after Ames Associates 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 Ames Associates Network 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 AMES ASSOCIATES SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE AMES ASSOCIATES NETWORK. SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. AMES ASSOCIATES 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, AMES ASSOCIATES 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 AMES ASSOCIATES BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE AMES ASSOCIATES SITE OR ANY AMES ASSOCIATES 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 AMES ASSOCIATES'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS

• Notices. 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 Ames Associates:
Ames Associates Hosting
5700 So Sylvan Lake Dr.
Sanford, Florida 32771

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 Ames Associates Hosting. 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 United States of America, except with regard to its conflict of law rules. This Agreement and Ames Associates Hosting policies are subject to change by Ames Associates Hosting without notice. Continued usage of the Services after a change to this Agreement by Ames Associates Hosting or after a new policy is implemented and posted on the Ames Associates Hosting Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Ames Associates Hosting Site for any changes or addition.