Terms of Service
Terms and Conditions
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 A View of America Network, (the "Services"). As used in this Agreement, "A View of America Network" means aviewofamerica.com and "Client", "you", or "your" means you. By submitting your order, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the A View of America Network site. As referred to in this Agreement, "Site"; refers to a World Wide Web site and "A View of America Network Site" refers to the Site located at the URL www.aviewofamerica.com or any other successor Sites owned or maintained by A View of America Network.
1. Appropriate Use Of The Services.
A View of America 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 A View of America 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 A View of America or any third
party; are defamatory, slanderous or trade libelous;
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 A View of America Network servers. If the messages is spam, the client may be changed $300 for this violation.
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 A View of America; however, A View of America 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.
Termination. A View of America Network reserves the right to refuse service to anyone. A View of America Network, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact us at 509-594-9778.
2. Payment Obligations
Service Fees. Each Client will pay on a monthly or yearly basis depending on the date ordered, A View of America 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 A View of America Network by no later than the specified payment due date which will be determined by the date entered into the agreement. A View of America Network shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments. Certain services carry a set-up fee charged by A View of America 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 A View of America 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. There are absolutely no refunds of any amount in partial or full. If Client has retained the Services for one (1) year and has pre-paid for such Services, refunds will not be issued for any unused full month portions of the Services upon Clients request due to the contract taken upon signup. Therefore, if Client's account is canceled at any point during the one (1) year term, Client will not be entitled to a refund for the months remaining. Yearly account using over their usage (additional fees) will be charge at the end of a one month period or if additional services equal greater than $100 at any one time whichever of these conditions comes first Domain Names. If Client chooses to register a domain name(s). A View of America has no part in maintaining or payment of such service.
3. Canceling Service
Clients must give 30 days prior notice to A View of America at 509-594-9778.
4. Client Liability and Indemnification
The parties agree that in no event shall A View of America 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 A View of America 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.
A View of America does not provide any backups whatsoever, therefore the client is responsible for backing up their data. Client agrees to withhold any legal actions against A View of America if the event of data loss occurs. A View of America is not responsible for loss of clients data, and client agrees that in no event shall A View of America be liable for any data, information, content, code, design or program loss.
5. Term, Terminations and 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. All cancellation requests must be received 30 days prior to. 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. A View of America will maintain an archival copy of Client's Web site for Seven (7) days after A View of America receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services. Clients who pay via PayPal will have their account removed immediately after cancellation. Username and password, and the domain name must ALWAYS be given with the cancellation.
6. Limitation of Liability
In no event shall A View of America Network be liable for damages resulting from loss of data, profits, use of the A View of America network, site or any A View of America Network 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.
All the text, graphics, audio, design, software, and other works on this site are the copyrighted works of A View Of America unless otherwise indicated. All rights reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
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