Terms of Service (TOS)

This Agreement between the parties shall remain in effect unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Termination

Either party may terminate this Agreement without cause upon written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit America's Town Square, Inc. (ATS) rights to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

In the event that ATS elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, Customer shall be shall be entitled to a refund of any balance.

In the event that ATS elects to terminate Customer without cause, Customer shall receive a full refund of any balance.

Liability

Customer agrees that ATS shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that ATS shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold ATS liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

IN NO EVENT SHALL ATS'S LIABILITY EXCEED THE TOTAL VALUE PAID TO ATS BY CUSTOMER.

Representation and/or Warranties

ATS makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold ATS liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

Security

Customer understands that the Internet and other various networking communications are not secure.

Applicable Laws

Customer will ensure that its use of the Internet and any service provided by ATS to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography.*

In the event the Customer violates this provision, ATS shall have the right to consider same a breach of this Agreement by customer which shall entitle ATS to terminate Customer immediately without prior notice.

It shall be within the sole discretion of ATS to deem material as inappropriate.

Integrity of Information

Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. ATS shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL ATS'S LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN ATS AND CUSTOMER.

ATS will use its best efforts to maintain the integrity and security of Customer's password.

Domain Name Ownership

Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer unless customer has specifically instructed ATS to act as agent for the purpose of purchasing or renewing a domain name. Under no circumstances shall ATS be responsible for any cost associate with a domain name.

Mail Services

ATS mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Web based e-mail is provided by ATS for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. All e-mail stored on ATS servers is deleted after 60 days. ATS does not backup the mail accounts of its customers and customers store their e-mail on ATS servers at their own risk.

POP Mail services are not to be used to transfer system backups or disk images. POP mail resource usage is not tracked against your monthly bandwidth or disk allocation. POP3 Mail accounts are limited to 10Mb of material per account.

Bandwidth Usage

ATS reserves the right to review and limit bandwidth on any hosting account package or domain exceeding reasonable monthly usage or usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding reasonable usage monitored by ATS will be given the option to pay for excess usage at a rate of $20.00/month/5Gb (Incremental $5.00/month/Gb), or will be given notice in which to move their domain to another service. A single notification will be made by E-mail. Failure to respond to the E-mail notification will constitute an agreement to charge the account for excessive bandwidth usage.

Hosting Account Ownership

The billing contact, as registered with ATS is considered to be the account owner. ATS will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

Legal Action

Customer agrees to indemnify and hold ATS harmless in any legal action which arises as a result of Customer's use of ATS services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Jurisdiction and Governing Law

This Agreement shall be governed by the laws of the State of New Jersey and jurisdiction shall lie within the State of New Jersey. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF THE STATE OF NEW JERSEY.

Headings

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

Modification

The terms and conditions of this Agreement may be modified at the discretion of ATS with 30 days notice to Customer.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify ATS via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal

Customer's failure to properly notify ATS of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. ATS current Terms and Conditions may be viewed at http://rapidwebsites.net.

Spam Policy

* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*

ATS STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY ATS PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO ATS WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER DISTRIBUTING THE MAIL. ATS DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON ATS SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

MAILING LISTS HOSTED ON ATS SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY ATS IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF ATS SMTP SERVERS.

I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY ATS OR ANY OTHER SMTPSERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.