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Terms of Service

These are the terms which describe our obligation to you, our customer, and your obligation to ACustomWebSite. This represents a voluntary agreement which we both enter into. If you have a concern with any portion of the TOS please contact us before signing up with us.

Purpose ...

The purpose of ACustomWebSite's service is to provide to organizations (CLIENT) a presence on the internet. ACustomWebSite provides a location (SITE) and some of the software tools necessary for an organization to display their information to the majority of people who have access to the internet. ACustomWebSite also provides services for the generation of the content of an internet site. In order to accomplish these goals we require that our clients agree to certain Terms of Service as set forth below.

Services Provided ...

The CLIENT's SITE is initially allocated: a quantity of disk space to store content, measured in megabytes; the ability to distribute a quantity of data, measured in gigabytes per month; the ability to store e-mail, indicated by the number of POP e-mail accounts; and other capabilities as described on our site and print.

In certain cases ACustomWebSite will provide content for your site. CLIENT may use the content so long as CLIENT does not resell the content. Upon termination of account CLIENT agrees to discontinue use of ACustomWebSite created content.

If CLIENT assigns editing rights to the SITE to another party, CLIENT will take complete responsibility for that party's contributions to the SITE.

If you see any violations of our Terms of Service, or if you have any problems or concerns, please contact our Customer Service team at service@ACustomWebSite.com.

An online manual is provided to assist in the use of the features of the account. Technical support relating to the operation of the account is provided via e-mail. Technical support relating to programming matters or custom configuration of programs will be considered on a case by case basis and may incur additional charge.

Duration of Service ...

Services are provided on a monthly basis (TERM). ACustomWebSite may agree to automatically renew for additional TERMS for the same compensation as the previous TERM.

Some services may not have a duration and will be provided to CLIENT on an agreed upon date.

Payment for Services ...

All payments are made prior to TERM or service delivery.

In some cases a package of services may require payment for the intended number of TERMs and other services included in the package.

You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your SITE and our servers.

Conduct ...

You are responsible for all content displayed on pages within your SITE, including content provided by you or by any person that you give editing rights to. However, we reserve the right to take any action with respect to your content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

It is inappropriate to put any generally offensive material on your SITE unless it is behind password protection. In the case were password protection on content is used you may not publish your password in such a way that removes the usefulness of a password. Note that there are certain types of content, specified in the Terms of Service, that are not permitted on your SITE at all.

You are, of course, welcome to publicize your SITE, although it is inappropriate (and possibly illegal) to use unsolicited e-mail or spam to publicize your SITE.

The content distributed through your SITE shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

The content distributed through your site shall in all cases be in compliance with all laws and regulations.

Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your SITE or any content or information associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your SITE will remain private.

Termination of Services ...

We may terminate your SITE immediately if you breach these Terms of Service or if we are unable to verify or authenticate any information you provide to us. ACustomWebSite will be the sole arbiter in determining if a violation of conduct has occurred.

Following termination, we may remove and/or destroy some or all of CLIENT content in CLIENT's account.

If CLIENT owns or controls more than one account and a breach of AGREEMENT has occurred, all accounts will be subject to termination and will be considered on a case by case basis.

CLIENT automatically forfeits payment for the balance of TERM on any account terminated.

Upon termination of service some billed items may be non-refundable.

If termination is due to the breach of AGREEMENT any prepaid amounts will be refunded only after ACustomWebSite is reasonably assured that ACustomWebSite will not incur damages due to the breach of AGREEMENT. Refund of prepaid amounts does not release CLIENT from future damage assessment.

If termination of service is mutually agreeable then prepaid amounts will be refunded within 30 days.

Warrantee ...

ACustomWebSite and our suppliers provide our services "as is" and without any warranty or condition of any kind, express or implied Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

In no event shall we or our suppliers be liable for any lost profits or special incidental or consequential damages (however arising, including negligence) arising out of or in connection with your site or these terms of service. Our liability to you or any third parties is limited to the amount of the payment for the current TERM. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

These Terms of Service shall be governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Both parties submit to jurisdiction in New York and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Onondaga County, New York.

We do not guarantee continuous, uninterrupted or secure service, and we are not liable if you are unable to access your SITE or our services. In the event that the SITE is not accessable for more than 24 continuous hours CLIENT may request account to be terminated and a refund for the balance of TERM. In this case special provisions may be made for the preservation of SITE content beyond the termination of account.

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

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. You may not assign or transfer these Terms of Service or your rights in your SITE, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Acceptance of Terms ...

By applying for and using an account at ACustomWebSite you signify your acceptence of the Terms of Service.

We may automatically amend these Terms of Service at any time by informing you of the amended terms either when you access your SITE or via e-mail. You accept the amended terms if you access your SITE after such notification. Otherwise, these Terms of Service may not be amended except in a writing signed by both parties.

The services hereunder are offered by ACustomWebSite, a division of Andro Industries, Inc., located at 32 Mapleview Circle, Penfield, NY 14526. Our phone number is 800.696.4250. Fees for our services are described in our product information section of our website.

If you have any questions about our terms of service please do not hesitate to call us toll free at 800.696.4250