Terms and Conditions
Terms and Conditions of AWKE
In order to maintain our system integrity and resources we expect our customers to act responsible. When you use any AWKE services, in any form, you automatically agree to the following Conditions.
We reserve the right to suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used.
AWKE services are only applicable to registered subscriber or other parties authorized by the registered subscriber as written on the registration form, and therefore Subscriber or CUSTOMER shall be fully responsible to the secrecy and services application applicable under username and password respectively.
CUSTOMER shall have the right to enjoy the advantages of the AWKE Services in accordance to the respective services.
CUSTOMER shall be fully responsible to supply the structure and equipments required to facilitate the AWKE Services.
CUSTOMER shall be fully responsible for any transmission, receiving and broadcasting of information, data and files, using AWKE Services.
CUSTOMER shall be obliged to comply to all procedures, regulations, policies, or law in effect to network, newsgroup, website or computer systems, accessed through AWKE Services.
You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the “Upload Materials”) to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties.
You are responsible for ensuring that all Upload Materials will function properly and as intended.
You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery.
You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages).
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, .htaccess, .htpasswd, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc.
You acknowledge that you have the necessary knowledge to create, modify and maintain your website (or have delegated someone who has the knowledge). AWKE assumes no responsibility to provide you with such knowledge. AWKE is unable to review or analyze your code/files/data (but maintains the right to do so). If you wish AWKE to analyze any of your code/files/data then AWKE may charge you at the current development/consulting rate.
NO RESELLING OF services/facilities without prior written authorisation
Any attempt to undermine or cause harm to a server, or customer, of us or data is strictly prohibited.
Unauthorized use of other people’s accounts or computers
We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
We do not allow clients to install their own chat rooms, without approving it with the Support Team
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes.
All pricing is guaranteed for the term of pre-payment.
We reserve the right to change prices at any time, unless other terms have been agreed upon.
Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way may be subject to suspension.
The customer is responsible for all money owed on the account from the time it was established to the time 28 days after the customer notifies us in writing for a request for termination of services.
You agree to provide AWKE with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. Payments must be submitted in advance of receiving the Services.
We reserve the right to cancel service at any time.
All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation except in the instance of abuse of the service.
Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation.
We also accept account cancellation submitted from the registered email address of the account holder if it is digitally signed by a key that is already known to us. Phone requests will not constitute acceptance of any cancellation
We reserve the right to refuse service to anyone.
Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. You may not post, upload or otherwise distribute copyrighted material on AWKE’s servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
AWKE supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, AWKE will not substitute itself for a court of law in deciding tort claims raised by the third party.
Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by AWKE by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person’s permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behaviour, the Services will be terminated.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our Web hosting service and our employees. We reserves the right to revise the policies at any time.
AWKE shall not be responsible for the quality of Internet connection in terms of telecommunication structures, computers and all of required equipments necessary to use the Web Hosting Services, or any disturbances at the Internet backbone, and any other events beyond the control of AWKE .
AWKE shall not be responsible for any connection failures due to problems in infrastructures connecting AWKE and CUSTOMER.
AWKE shall not be responsible for any loss and Web Hosting Services unavailability due to events beyond AWKE control being an Web Hosting Service Provider, including but not limited to natural disasters, fire, sabotage, war, chaos, change of political situation as the result of changes in regulation and law in effect within jurisdiction of England.
Limited Warranty. You acknowledge that the Services are provided “as is.” Neither AWKE, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. AWKE is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will AWKE be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
All end-users, resellers and dedicated servers of us must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.
In accepting these Terms and Conditions users also accept the Acceptable User Policy which is available on the website.
AWKE reserve the right to update these Terms and Conditions as they see fit giving 14 Days notice.