Athena's Web Design

Athena's Web Design TOS (Terms of Service)

Athena's Web Design ("the Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Athena's Web Design service constitutes acceptance and agreement to the Company's AUP (Acceptable Use Policy) as well as the Company's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Athena's Web Design and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Lake County applicable to contracts enforceable in that state. Venue will be Lake County, California.

1. DISCLOSURE TO LAW ENFORCEMENT: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Athena's Web Design shall have the right to terminate all service set forth in this Agreement.
2. SERVICE RATES: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. A full 45 day notice will be given prior to any rate change.
3. PAYMENT: New accounts will be established within approximately 24 hours of receipt of payment. Subsequent monthly payments are due on the first of the month for the prior month's service. The above applies to all accounts and services provided by Athena's Web Design with the expection of any additional services that incurr a one-time charge. One-time charges will be billed at the time the service is rendered.
   1. If submitting payment by check, initial payment amounts will be for a one year term, with the payment total dependant upon the hosting account plan:
      • Standard Feature - $99.99
      • Extended Feature - $149.99
      • ULTRA - $249.99

      Payments by check or money order are accepted for annual payments only and must be drawn on a U.S. bank. Make check payable to Athena's Web Design and mail to P.O. Box XX, Sacramento, CA XXXXX. For proper credit, please write the domain name on the check. If this is for a new account, the account will be opened upon receipt of funds.

   For accounts paid by check, Subscriber will be notified by e-mail when the next payment is due. Accounts paid by credit card will renew automatically on the anniversary date.

   If an additional payment is not receved, the account will be subject to suspension. Upon account closure, any unused pre-paid funds will be returned upon request.

4. PAYMENTS AND FEES: Credit cards that are declined for any reason are subject to a $10.00 admistrative processing fee. Returned checks are subject to a $30.00 (each) fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $40 reconnect charge. Accounts not paid ten days after the due date are subject to a $20.00 late fee. Accounts that are not collectable by Athena's Web Design may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $100 nor more than $300. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. REFUNDS AND DISPUTES: The initial two-month payment at the time the account is opened is refundable for 60 days from the date of the invoice. All other fees are non-refundable, except as noted above for the annual payemnt. All overcharges or billing disputes must be reported within 60 days of the date of the disputed billing. If you dispute a charge to your credit card issuer, and if that dispute is resolved in our favor, you agree to pay Athena's Web Design an "Administrative Fee" of $50 in order to compensate for the handing of any chargebacks resulting from your dispute.
6. FAILURE TO PAY: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. ACCOUNT CANCELLATION: All requests for canceling accounts must be made in writing with not more than 15 days prior notice. Customer may use our CHANGE ACCOUNT INFORMATION form at https://www.athenaswebdesign.com/DOCS/changeform.html. Requests for cancellation may also be mailed to Athena's Web Design, P.O. Box XX, Sacrmento, CA XXXXXX. You must provide all requested account information to cancel.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Subscriber for services during the period damages occurred. In no event shall Athena's Web Design be liable for any special or consequential damages, loss or injury.
9. ACCOUNTS WITH NEW DOMAIN NAMES: No domain will be registered by Athena's Web Design on behalf of Subscriber. Subscriber is fully responsible for procuring their own domain name(s), both before and after establishing their Athena's Web Design account(s).
10. ACCOUNTS WITH EXISTING DOMAIN NAMES: No domain will be transfered by Athena's Web Design on behalf of Subscriber. Subscriber is fully responsible for managaing their own domain name(s), both before and after establishing their Athena's Web Design account(s). Transferring a domain record to Athena's Web Design registrar is NOT required in order to host at Athena's Web Design. To activate any domain for a new Athena's Web Design account, all that is required is a modification of the name server, a.k.a. DNS aspect of the domain record. This will effectively "point" traffic to the new Athena's Web Design account after the newly updated record has propagated world wide, which is a process that can take anywhere from 48 to 72 hours (estimated time).
11. SUPPORT BOUNDARIES: Athena's Web Design, provides 24/7 technical support to our Subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following constitutes our guidelines when providing support: Athena's Web Design provides support related to your web hosting account and web site's physical functioning. The Company does not offer tech support for application specific issues such as cgi programming, html or any other such issue, unless the Company has been specifically hired to install and support such software. The Company does not provide technical support for your customers and/or visitors to your web site. If you can email, we encourage you to send your support questions to support@athenaswebdesign.com for assistance. If you are able to send email and have other questions, the answers may be found on our SUPPORT PAGE or our ONLINE SUPPORT MANUAL. We encourage you to check there first. In addition, the Q&A Forum is a searchable on-line forum and is there for your support benefit. It can also be used as an open forum for the exchange of ideas. Please use these resources before calling tech support.
12. SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE): Athena's Web Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply, this means that Subscribers of Athena's Web Design may not use or permit others to use our network to transact in UCE. Subscribers of Athena's Web Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
1. Violation of Athena's Web Design's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the Company will initiate an immediate investigation. During the investigation, the Company may restrict Subscriber access to the network to prevent further violations. If Subscriber is found to be in violation of our SPAM policy, the Company may, at its sole discretion, restrict, suspend or terminate Subscriber's account. Further, Athena's Web Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Athena's Web Design will notify law enforcement officials if the violation is believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Subscribers who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour to compensate Company personnel for their time in the investigation of the matter. PLEASE, DO NOT SPAM from your account or on behalf of your account.
13. NETWORK
    1. IP Address Ownership: If Athena's Web Design assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to Athena's Web Design, and Subscriber shall have no right to use that Internet Protocol address except as permitted by the Company in its sole discretion in connection with the Services, during the term of this Agreement. The Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by the Company, and the Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
    2. System and Network Security: Subscriber are prohibited from violating or attempting to violate the security of the Athena's Web Design Network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Subscribers who are involved in such violations. These violations include, without limitation:
    1. Accessing data not intended for such Subscriber or logging into a server or account, which such Subscriber is not authorized to access.
    2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    4. Forging any TCP/IP packet header or any part of the header information in any e-mail, newsgroup, or BBS posting.
    5. Taking any action in order to obtain services to which such Subscriber is not entitled.
14. NOTIFICATION OF VIOLATION:
    1. Athena's Web Design is under no duty to look at each Subscriber's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    2. First violation: Any User which Athena's Web Design determines to have violated any element of this Acceptable Use Policy shall receive an e-mail warning them of the violation. At the Company's discretion, the service may be subject to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.
    3. Second Violation: Users that the Company determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    4. Athena's Web Design reserves the right to disable the section of IP or name based hosting space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
15. SUSPENSION OR CANCELLATION OF SERVICE: Athena's Web Design reserves the right to suspend network access to any Subscriber if, in the judgment of the the Company network administrators, the Subscriber's server is the source or target of the violation of any of the terms of the AUP or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's accounts were suspended.
16. Athena's Web Design reserves the right to amend its policies at any time. All sub-accounts, sub-email accounts, primary web accounts and primary e-mail accounts of the Subscriber must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. Subscriber will be held responsible for the actions of sub-accounts in the matter described on these Terms and conditions. Therefore, it is in Subscriber's best interest to implement a similar or stricter terms and conditions or otherwise called Acceptable Use Policy.
17. INDEMNIFICATION: Athena's Web Design wishes to emphasize that in agreeing to the Athena's Web Design Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies the Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Athena's Web Design or the bringing of any claim against the Company by any third-party. This means that if Athena's Web Design is sued because of a Subscriber or a customer of a Subscriber activity, the Subscriber will pay any damages awarded against the Company, plus all costs and attorney's fees.