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An Internet Store
Acceptable Use Policy and
Standard Contract Terms for Services |
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Questions regarding these Policies and Service Terms
must be directed to the address to the right: |
An Internet Store
7734 Fair Oaks Blvd. Carmichael, CA
Hours: M-F 8:30am - 5:30pm
phone: 916.944.2299 |
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An Internet Store
Acceptable Use Policy
Introduction
This Acceptable Use Policy ("AUP") sets forth the principles that govern the use
by customers of the systems, services and products provided by AN INTERNET STORE
("Company"). The AUP has been created to promote the integrity, security,
reliability and privacy of Company's systems and networks.
Compliance With Law
Customers shall not post, transmit, re-transmit or store material on or through
any of Company's system services or products that: (i) is in violation of any
local, state, federal or non-United States law or regulation; (ii) threatening,
obscene, indecent , defamatory or that otherwise could adversely affect any
individual, group or entity (collectively, "Persons"); or (iii) violates the
rights of any person, including rights protected by copyright, trade secret,
patent or other intellectual property or similar laws or regulations including,
but not limited to, the installation or distribution of "pirated" or other
software products that are not appropriately licenses for use by customer.
Prohibited Uses of Company's Systems, Services and
Products
This 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
1. 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.
2. 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.
3. Violations of the rights of any Person protected by copyright, trade
secret, patent or other intellectual property or similar laws or regulations.
4. 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.
5. Resale of Company's services and products, without the prior written
consent of Company.
6. Deceptive on-line marketing practices.
7. 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
1. 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.
2. 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.
3. 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.
4. Executing any form of network monitoring which will intercept data not
intended for Customer.
5. 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.
6. Sharing of passwords or accounts with others.
C. Prohibited Actions: E-Mail
1. Harassment, whether through language, frequency, or size
of messages, is prohibited.
2. 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.
3. Creating or forwarding "chain letters" or other "pyramid schemes" of any
type, whether or not the recipient wishes to receive such mailings.
4. Malicious e-mail, including, but not limited to, "mailbombing" (flooding a
user or site with very large or numerous pieces of e-mail).
5. Unauthorized use, or forging, or mail header information.
6. Using a Company or a customer account to collect replies to messages sent
from another provider.
7. 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.
8. 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
A. 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.
B. 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.
Liability
In 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.
Miscellaneous
A. 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.
B. 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.
C. 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.
D. 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
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 this account,
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 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 and
Netscape Navigator/Communicator.
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 advise 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.
All 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 this agreement, 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 Delivery
If the Client requires that the Web Design Project be delivered on portable
media, such as CD, then additional charges may apply.
Electronic Commerce Laws.
The 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. 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.
Payments.
Payments 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 final payment is 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 Schedule.
Payment for services provided hereby shall be made in accordance with the
conditions contained in this 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 Payments
Any 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 give 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,
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 Agreement.
These 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.
phone: 916.944.2299
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