An Internet Store Terms, Conditions, Privacy and Acceptable Use Policies
Questions regarding these Policies and Service Terms must be directed to the address to the right:
An Internet Store
An Internet Store
Acceptable Use Policy
Prohibited Uses of Company's Systems, Services and ProductsThis AUP identifies the actions that the Company considers to be abusive, and thus, strictly prohibited. In addition to the other requirements of this AUP, Customer may only use the Company's systems, services and products in a manner that, in the Company's sole judgment, is consistent with the purposes of such systems, services and products. If a customer is unsure whether a contemplated use or action is permitted under the AUP, the customer should e-mail Company with a description of the proposed use at policy@AnInternetStore.com for a determination as to whether the use is permissible under this AUP. The examples identified in the subsections below are non-exclusive and are provided, in part, for guidance purposes. The following uses of Company's systems, services and products as described in subsections A through C are expressly prohibited:
A. Prohibited Actions: General Conduct
- Transmitting on or through or storing on any of Company's systems, services, or products any material that is, in Company's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that may constitute a criminal offense, may give rise to civil liability, or otherwise may violate any local, state, national or international law.
- Transmission, distribution, or storage of any information, data or website material in violation of United States or state regulations or law, or by the common law.
- Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
- Actions that restrict or inhibit any Person, whether a customer of the Company or otherwise, in its use or enjoyment of any of the Company's systems, services or products.
- Resale of Company's services and products, without the prior written consent of Company.
- Deceptive on-line marketing practices.
- Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers (such conduct is ground for immediate termination and may subject the offender to civil or criminal liability).
B. Prohibited Actions: System and Network Security
- Attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.
- Effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which customer is not an intended recipient or logging onto a server or account that customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host.
- Using any program/script/command, or sending messages of any kind, designed to interfere with a user's terminal session, by any means, locally or by the Internet.
- Executing any form of network monitoring which will intercept data not intended for Customer.
- Consuming excessive resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of Company systems or networks is prohibited, and Company staff may take action to limit or terminate such programs.
- Sharing of passwords or accounts with others.
C. Prohibited Actions: E-Mail
- Harassment, whether through language, frequency, or size
of messages, is prohibited.
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material ("e-mail spam"). Customers are explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.
- Creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings.
- Malicious e-mail, including, but not limited to, "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail).
- Unauthorized use, or forging, or mail header information.
- Using a Company or a customer account to collect replies to messages sent from another provider.
- Use of unsolicited e-mail originating from the AN INTERNET STORE network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by AN INTERNET STORE, or connected via the AN INTERNET STORE network.
- Willful failure to secure open SMTP ports so as to prevent the unauthorized use of customer resources for the purposes of sending unsolicited e-mail by a third party.
Complaint and Enforcement
- Complaint -
Complaints regarding abusive conduct may be reported by mail to: AN INTERNET
STORE, 7734 Fair Oaks Blvd., Carmichael CA 95608
Complaints will also be accepted via e-mail, so long as a valid return address is included. AN INTERNET STORE must be able to independently verify each instance of abuse, and so each complaint must include the COMPLETE TEXT OF THE OBJECTIONABLE MESSAGE, INCLUDING ALL HEADERS. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which pat h the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.
- Enforcement - Company may, in its sole discretion, suspend or terminate a customer's service for violation of any of AUP at any time and without warning. As a general matter, Company attempts to work with customers to cure violations and to ensure that there is no re-occurrence of the violation prior to terminating service.
LiabilityIn no event will An Internet Store be liable to any customer or third party for any direct, indirect, special or other consequential damages for actions taken pursuant to this AUP, including, but not limited to, any lost profits, business interruption, loss of programs or other data, or otherwise, even if Company was advised of the possibility of such damages.
- Modification of AUP - Company retains the right to modify the AUP at any time and any such modification shall be automatically effective as to all customers when adopted by Company.
- Applicability of AUP - The actions listed herein are also not permitted from other Internet Service Providers. Deceptive marketing, as defined by the Federal Trade commission Deception Policy Statement, is not permitted through the AN INTERNET STORE services or network. These rules apply to other types of Internet-based distribution mediums as well, such as a system for sending FAX-like documents over the Internet.
- Company Is Not Responsible For Content - Company is not responsible for the content of any Website, whether or not the posting was made by a customer or representative of the Company.
- Removal of Materials - At its sole discretion, An Internet Store reserves the right to remove materials from its servers and to terminate internet access to customers that Company determines have violated this AUP.
An Internet Store
Privacy Notice Table Of Contents:Our Commitment To Privacy
The Information We Collect
How We Use Information
Our Commitment To Data Security
Our Commitment To Children's Privacy
How To Access Or Correct Your Information
How To Contact Us
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
This notice applies to all information collected or submitted on An Internet Store websites. On some pages, you may be able to make requests, order products, pay for services, register to receive materials, etc. Examples of personal information collected at these pages include:
We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
We may use return email addresses or phone to answer the email we receive. Such information ise not used for any other purpose and is not shared with outside parties.
We use the information you provide about yourself if you have placed an order or pay for services only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We may use non-identifying and aggregate information to better design our website and to share with clients or advertisers . For example, we may tell a client that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
We do not gather any secured financial information on our website. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
You can correct any errors in your personally identifiable information you have submitted to us by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections.
Should you have other questions or concerns about these privacy policies, please call us at (916) 944-2299 or send us an email at firstname.lastname@example.org
An Internet Store
Standard Contract Terms for Services
Authorization.All Clients (hereinafter also referred to as "Client") engaging An Internet Store, (hereinafter also referred to as "Company"), as an independent contractor for the specific purpose of designing a Website (hereinafter referred to as "Web Design Project") to be published on the Client's account on an Internet Service Provider (ISP) / Web Presence Provider (WPP) computer, or on An Internet Store's own servers, hereinafter refer to as "Hosting Service", or provided on portable media (i.e. CD) at the Client's option. The Client hereby authorizes An Internet Store to access these accounts, and authorizes any outside Hosting Service to provide An Internet Store and its representatives with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes An Internet Store to submit the completed Web Design Project to major Web Search Engines, if contracted to do so.
Development.In General, Web Design Projects will be developed using Microsoft® FrontPage equivalent software as well as various graphic design programs.
Browser Compatibility.Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. An Internet Store represents and warrants that the web site we design for you will work in current versions of:
Microsoft® Internet Explorer, FireFox, Chrome, Safari.
While An Internet Store will make reasonable efforts to design a fully-functional web site, An Internet Store’s warranty does not cover AOL, text-based browsers or requested special effects that we have advised you against.
Accessibility for People with Disabilities.An Internet Store’s standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
Assignment of Web Design Project.An Internet Store reserves the right, and Client hereby agrees, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
Copyrights and Trademarks.The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to An Internet Store for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend An Internet Store and its owners, representatives, or subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Web Site Maintenance.This agreement allows for minor web site maintenance to pages of sites hosted at An Internet Store, up to an average of one quarter hour per occurrence, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via diskette/CD. The warranty period begins on the date the Client's web design site is available to be published to Client's hosting service or 30 days from the date this agreement was initiated, which ever comes first. If the Client's web design package includes database access using Active Server Pages (ASP), then very minor page code changes will be accepted under this web site maintenance plan, major page code and/or database structural changes will be charged at then hourly rates.
Work deemed more than simple maintenance and all maintenance on websites hosted on servers other than An Internet Store will require a retainer equal to the estimated time it takes to make the changes as determined by An Internet Store. A one hour minimum charge is required as a retainer and at the discretion of An Internet Store, will be charged against in increments of 15 minutes for each occurrence. Additional retained amounts will be due as necessary for completing work taking longer than estimated.
Completion Date.An Internet Store and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project, typically no later than 30-45 days after Client has submitted all necessary materials, or a time-frame mutually-agreed to in advance. If the Client does not supply An Internet Store with complete text and graphics content for this Web Design Project within 45 days of the effective date of any agreements, the entire deposit amount of the agreement shall be retained by An Internet Store as liquidated damages and the contract shall become null and void, at An Internet Store’s option, unless the Web Design Project is cancelled or extended in writing and mutually agreed upon prior to 45 days of the effective date of the agreement.
Project Delivery.The web site design project will be published to An Internet Store's servers or to the Client's hosting service during the development process so that the client may be contacted to review, approve or discuss portions of the project. Upon completion, final payment is due immediately. If the Client chooses to select an outside hosting service, such services must allow An Internet Store full access to the Client's account via FrontPage (preferably) or FTP. The Client will be solely responsible for any and all outside hosting service charges. An Internet Store must be granted permission to access all files during development and continuously until paid in full.
Publishing:1) If the outside hosting service has FrontPage extensions installed and the extensions are not configured correctly to support publishing/FrontPage functionality, An Internet Store charges at its then hourly rate for the effort involved to resolve whatever problems may arise. 2) If the outside hosting service does not have FrontPage extensions installed, An Internet Store charges at its then current hourly rate to publish the site.
Portable Media DeliveryIf the Client requires that the Web Design Project be delivered on portable media, such as CD, then additional charges may apply.
Electronic Commerce LawsThe Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend An Internet Store, its representatives and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Web Design Project Copyright.Copyright to the finished web design site produced by An Internet Store will be owned by the Client, except as noted herein. The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid. No official registration of any copyrights will be done. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Special programming, scripts and codes, developed by An Internet Store remain the property of An Internet Store and the Client is granted permission to use these special features for only the site produced by An Internet Store. Such special items are not transferable and must be relinquished to An Internet Store upon request. An Internet Store and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects may contain a copyright/legal statement with a link to An Internet Store' Design Services Web Site.
PaymentsPayments must be made promptly based on the terms of this Web Site Design Project, Hosting Services, or other service being or to be performed. An Internet Store reserves the right to remove any portion or all of the Web Design Project from viewing on the Internet until scheduled or final payments are made or to inactive any hosting service. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective upon its initiation by payment of retainer fees. Regardless of the place of agreement, the Client agrees that for purposes of venue, this agreement was entered into in Sacramento County, California and any dispute will be litigated or arbitrated in Sacramento, California and the Client hereby consents to the personal jurisdiction of the California State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.
Payment SchedulePayment for services provided hereby shall be made in accordance with the conditions contained in the contract and as stated on the Standard Company Invoice, and made a part of this agreement hereof. Notwithstanding any prices listed in literature or on Web pages, the Client and An Internet Store agree that the services described in this contract, and attachments if any, shall be completed for amounts stated. The Client agrees to pay to An Internet Store an initial, non-refundable deposit of, normally, 50% of the estimated total cost, plus 100% hosting and/or registration fees, upon execution of this agreement. Final payment is due prior to publication and/or delivery of the Web Site Design Project. All amounts must be in U.S. Dollars.
Reoccurring PaymentsAny client payments designated to reoccur monthly, such as hosting fees, must be paid using a valid Visa or Mastercard. Such payments will reoccur on approximately the same (number) day of the month as the initial payment and will continue until a minimum of 30 days notice of cancellation is given to An Internet Store. Otherwise, An Internet Store reserves the right to collect fees for the next month using the valid credit card on record before stopping service. If a client makes multiple charges that will also reoccur, but on different days because of the initial charge, the individual charges may be combined into a single reoccurring charge or they may remain as individual charges reoccurring on different days of the month.
From time to time the client using reoccurring payments may incur additional charges on which their current credit card may be charged, such as for domain registration fees, additional services or work requested by the client.
Declined credit card charges on reoccurring payments must be remedied with a new valid credit card within 5 days or all services covered by the payment due will cease immediately. Service my be reinstated only upon bringing any past due fees current as well as any fees due for services or word to be performed. In any case, reoccurring fees must once again be secured with a valid Visa or Mastercard.
Legal Notice.Notwithstanding anything to the contrary contained in these contract terms, neither An Internet Store nor any of its representatives or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will An Internet Store, its owners or representatives, be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Hosting Services or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, any utility company, your or your site visitor's computer or internet software, even if An Internet Store has been advised of the possibility of such damages.
This AgreementThese standard services terms along with a standard invoice for services constitutes the sole agreement between An Internet Store and the Client regarding any Web Design Project, Hosting Service, or other services provided or to be provided. Any additional work not specified on the invoice or any other amendment or modification to these contract terms must be authorized by a written request signed by both Client and An Internet Store. All prices specified will be honored for during the development of any project. Continued services after that time will be based on standard or other specified pricing and terms.
All clients hereby agree to the terms, conditions and stipulations of these standard terms of agreement on behalf of his or her organization or business. Payment of required initial retainers or deposits shall constitute agreement to our standard contract policies and and shall represent signature of the Client. All agreements constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.