Sales Terms and Conditions on ASA-Online.com
Dated: September 26, 2013
These Sales Terms and Conditions (“Sales Terms”) govern the purchase of any goods or services you order via ASA-Online.com (“Website”). Please read through the Sales Terms carefully. If you do not agree with these Sales Terms, you should not submit an order. If ASA Consultants, Incorporated (“ASA”), owner of ASA-Online.com, accepts any order for goods or services from you (“Customer”), then its agreement with you will be made on these Sales Terms.
Please note that ASA reserves the right to amend these Sales Terms from time to time. ASA will publish the amended Sales Terms on the Website and any new versions of the Sales Terms will come into effect as soon as ASA publish them on the Website with the exception that any orders that ASA have already accepted from you prior to any such change will be subject to the Sales Terms in force at the time of your order.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify ASA of any unauthorized use of your account or any other breach of security. ASA will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using ASA. You will not engage in any activity that interferes with or disrupts ASA’s services or networks connected to ASA.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that ASA will impose fees; and/or pursue civil remedies without providing advance notice.
- Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
- Unsolicited Commercial Email (“UCE”), Spam, Junk E-mail, and Unsolicited Bulk Email (“UBE”): ASA has a zero tolerance policy on UCE, Spam, Junk E-mail or UBE. UCE, Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of ASA whether or not the message actually originated from our network.
- Mailing Lists: ASA’s mass mailing rules also apply to mailing lists, list servers, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
- Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
- ASA and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. ASA’s services may not be used to facilitate infringement of these laws in any way.
- Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of ASA or ASA’s customers.
- Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
- Peer to Peer network services: ASA prohibit the use of distributed, peer to peer network services. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
Invoicing and Payment
Services must be paid at the time you place your order by MasterCard, Visa, Discover, American Express, certified check, money order, or personal check. Foreign orders must use MasterCard, Visa, Discover, or American Express as personal, certified checks, or money orders will not be accepted. All credit card orders must be completed on-line. There is a $25.00 fee for returned checks.
You agree that ASA shall be permitted to charge your credit card on a monthly, quarterly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 15 days past due. Accounts that are not collectable by ASA may be turned over to an outside collection agency for collection.
Customer is aware that ASA may prospectively change the specified rates and charges from time to time.
ASA is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by ASA. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
- Refund in First 15 Days: If you are not completely satisfied with our web hosting services, and you notify ASA in writing within the first 15 days of your contract that you wish to cancel, you will be given a full refund of the contract amount, excluding setup fees and additional services. If a refund is due, you will be notified by email; it can take up to 30 days after cancellation of your contract to receive your refund. If you have not received your refund after 30 days, please contact our Customer Service.
- Refund Policy for Renewals: You must notify ASA in writing before or within fifteen (15) days of the Renewal Date of your web hosting contract if you wish to cancel your account. Refunds will not be granted if your written notification of cancellation is received past the Renewal Date of your contract.
- Refunds will not be granted for any additional services such as, but not limited to, overages, disk space, bandwidth, email accounts, programming, technical support, or web design services.
Account Cancellation or Suspension
ASA reserves the right to suspend network access to any customer if, in the judgement of ASA, the customer’s account is the source or target of a violation of any of the other Sales Terms or for any other reason which ASA chooses. ASA will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. ASA reserves the right to terminate service without notice for continued and repeated violations of the Sales Terms. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s account(s) were suspended.
If at any time it becomes necessary for ASA to cancel a customer’s service without cause, ASA will provide 30 days advance notice.
You may cancel the service at any time by contacting our Customer Service
. Accounts are cancelled immediately after confirmation. Cancellation of service does not relieve Customer of responsibility for the payment of all accrued charges.
ASA provides technical support to our Customers via our support e-mail. The following are our guidelines when providing support: ASA provides ongoing support related to our server(s) physically functioning. ASA does offer technical support for application specific issues such as application configuration, programming, maintenance, or other such issues for a fee. Please contact us
for more information.
Limitation of Liability
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ASA and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that ASA shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ASA. Customer further acknowledges that ASA’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall ASA be liable for any special or consequential damages, loss or injury. ASA is not responsible for any damages your business may suffer. ASA does not make implied or written warranties for any of our services. ASA denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ASA.
Disclosure to Law Enforcement
The Sales Terms specifically prohibits the use of our service for illegal activities. Therefore, Customer agrees that ASA may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Customer. In addition, ASA shall have the right to terminate all service set forth in this Agreement.
You agree that your use of ASA’s servers shall be at your sole risk. All services provided by ASA are available as is, without warranty.
You hereby indemnify ASA and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Sales Terms or the foregoing representations, warranties and covenants.
You agree that ASA may provide you with notices, including those regarding changes to the Sales Terms, by email, regular mail, or postings on the Website.
The Sales Terms (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and ASA and govern your use of ASA services, superseding any prior agreements between you and ASA for the use of ASA services.
Applicable Laws and Court of Jurisdiction
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Sales Terms and Conditions exclusively in a state or federal court located in Maricopa County, Arizona. The laws of the State of Arizona will govern this Sales Terms and Conditions, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona for the purpose of litigating all such claims.
Waiver and Severability of Terms
The failure of ASA to exercise or enforce any right or provision of the Sales Terms shall not constitute a waiver of such right or provision. If any provision of the Sales Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Sales Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of ASA services or the Sales Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.