The following describes the terms on which AWR Web Design, LLC offers you access to our services.
By using the services on the website, www.awrwebdesign.com (“Site”), maintained by AWR Web Design, LLC, you are agreeing to the following terms, including those available by hyperlink, (the “Agreement” or “User Agreement”) with AWR Web Design, LLC. and the general principles for the websites of our subsidiaries.
This Agreement is effective on October 25, 2012, for current users, and upon acceptance for new users.
While using this Site and its Services, you will not:
- violate any laws or third party rights
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute or post spam;
- distribute viruses or any other technologies that may harm AWR Web Design, or the interests or property of AWR Web Design users;
- copy, modify, or distribute content from the Sites and AWR Web Design’ copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing AWR Web Design
AWR Web Design and our users work together to keep the Site working properly. Please report problems, offensive content, and policy violations to us. If you believe that your rights have been violated, please notify us and we will investigate.
You may not transmit, distribute, download, copy, cache, host, or otherwise store any information, data, material, or work that infringes the intellectual property rights of others. AWR Web Design has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998.
You may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
Fees and Services
AWR Web Design charges subscription fees (“monthly”) for some services and those fees may change from time to time. Changes to fees are effective after we provide you with at least thirty days’ notice by posting the changes on AWR Web Design.com. All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
If you have negotiated an agreement with AWR Web Design with specific terms apart from a monthly plan, you will be bound to the payment terms of that agreement.
Non-payment of fees or termination of subscription based services will result in the loss of use of those services, this includes, but is not limited to, website plans, SEO services, web hosting and maintenance plans. AWR Web Design reserves the right to take a user’s website off the internet when an associated monthly service is terminated. The user’s domain name will remain active until it’s expiration date at which time the user may renew the domain name at the normal renewal rate. There will be a $25 fee for re-activating a terminated service.Warranties
AWR WEB DESIGN, LLC’s services are provided on an ‘as-is’ basis and without warranties of any kind, either expressed or implied, including but not limited to warranties of availability, merchantability or fitness for a particular purpose. AWR does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe upon privately-owned rights. AWR WEB DESIGN, LLC expressly disclaims any representation that AWR WEB DESIGN, LLC’s services will be error-free, secure or uninterrupted. No spoken or written information by AWR WEB DESIGN, LLC, or its employees will create a warranty nor should you rely on any such information or advice. The terms of this Section (Section 3) will survive any termination of this Agreement.
Copyright and Trademarks
You represent to AWR WEB DESIGN, LLC and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to AWR WEB DESIGN, LLC for inclusion in Web pages are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend AWR WEB DESIGN, LLC from any claim or suit arising from the use of such elements furnished by you.
You hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
You hereby agrees to indemnify and hold harmless AWR WEB DESIGN, LLC from any claim resulting from your publication of material or use of those materials.
You hereby agree to indemnify and hold harmless AWR WEB DESIGN, LLC in any claim resulting from the submission of illegal materials. If AWR WEB DESIGN, LLC shall acquire an Internet Domain Name on your behalf, then in such case you hereby waive any and all claims which it may have against AWR WEB DESIGN, LLC, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by AWR WEB DESIGN, LLC for any reason.
Under no circumstances, including negligence, shall AWR WEB DESIGN, LLC, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use AWR WEB DESIGN, LLC’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to AWR WEB DESIGN, LLC’s records, programs or services. You maintain sole responsibility for data backups and restoration. You hereby acknowledges that this paragraph shall apply to all content on AWR WEB DESIGN, LLC’s services.\
Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in this Agreement, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which You paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
You agree to allow AWR WEB DESIGN, LLC to include a byline and link on the bottom of their Web Page establishing authorship credit.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on AWR Web Design’s national registered agent or to the email address you provide to AWR Web Design during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and AWR Web Design, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AWR Web Design agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Connecticut as they apply to agreements entered into and to be performed entirely within Connecticut between Connecticut residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against AWR Web Design must be resolved by a court located in Hartford County, Connecticut, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hartford County, Connecticut for the purpose of litigating all such claims or disputes.
- Arbitration Option – Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this CONTRACT shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of AWR WEB DESIGN, LLC.
- Improperly Filed Claims – All claims you bring against AWR Web Design must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, AWR Web Design may recover attorneys’ fees and costs up to $1000, provided that AWR Web Design has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
AWR Web Design Inc. is located at 10 Main St, P.O. Box 564, Windsor Locks, CT 06096. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you via email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.