Web Hosting Terms of Service

THIS AGREEMENT is made and entered between Allstate Computers, LLC, 160 Toney Penna Drive, Suite #3, Jupiter, FL 33458, hereinafter referred to as Allstate Computers and client, who wishes to use the services of Allstate Computers.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web service provider, Allstate Computers provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect a web site(s) to the World Wide Web utilizing the hardware and software resources of Allstate Computers to establish an Internet web presence on one of Allstate Computers' server computers.
1a. SPAM (unsolicited email): Allstate Computers has a strict NO SPAM policy. If you have any plans of sending out SPAM, regardless of what server/computer sends it out, please do not continue with the order. Any account that ignores this policy and sends SPAM anyway will be terminated. By completing this contract, you agree you will not send any SPAM related to your site from any computer.

1b. ADULT SITES: Allstate Computers does NOT host adult sites, nor sites which generally would be perceived as being of adult nature based on language, content, photos, images, including nudity of any form. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.

1c. ILLEGAL INFORMATION: Allstate Computers does NOT host any site which contains or promotes illegal products or information of any kind. If any of these occur on an account, the same account termination procedures and forfeitures apply as indicated above on line 1a.

1d. MISCELLANEOUS CONDITIONS: Client hereby agrees that all domain names and any material submitted for publication on Allstate Computers's servers through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing, offensive and/or harmful materials or uses. Allstate Computers management retains the right and final opinion regarding whether any portion of a site falls within one of these categories. Client hereby agrees to indemnify and hold harmless Allstate Computers from any claim resulting from your publication of materials or your use of those materials. Violations of Allstate Computers's Terms Of Service may result in immediate account termination and Allstate Computers reserves the right to charge up to $50.00 clean-up fee.

1e. MISCELLANEOUS FEES: If the Allstate Computers is required to move a domain to an alternate server due to a Client request for a service, such as ColdFusion, Client will be subject to a $9.95 Server Switch Fee. If Allstate Computers registers a domain name on behalf of Client, and Client subsequently requests to host the domain with another web hosting company, in order for Allstate Computers to manage the domain, Client is required to change to a "Domain Name Management" plan. The cost is $60 per year, and includes domain name renewal for one year. In this case, Allstate Computers will maintain the DNS entries for the domain name. If Client does not want Allstate Computers to manage the DNS, Client can choose to transfer the domain name to a registrar of their choice, and for such, there is no charge.

2. CONDITIONS: The application and this Agreement constitute a binding contract between Allstate Computers and the Customer and does not extend to any other person or entity. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for server space and the set-up fee (if any) of the web space, unless the cancellation is within the first 30 days, then the customer, upon request, will be refunded the current account setup fee (if any) which the customer was charged. This does not apply to SQL database charges and/or setup fees.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Allstate Computers makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Allstate Computers shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data (including database data in any format), email data, delays, non-deliveries, or service interruptions. The customer also acknowledges that by using any shopping cart system, whether provided by Allstate Computers or not, Allstate Computers will not be held responsible for charge backs, errors, loss of revenue, loss of data, web server failure, downtime, or any disputes that may arise from the use of any shopping cart system.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Allstate Computers is at the Customer's sole and absolute risk. Allstate Computers specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If Allstate Computers shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Allstate Computers, for any loss, damage, claim or expense arising out of or in relation to the registration or renewal of such Domain Name, including but not limited to, registration in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Allstate Computers for any reason.

6. PAYMENT: Allstate Computers currently does charge a setup fee. Any set-up fee (when applicable) is due at the time the application is filled out, and submitted to Allstate Computers. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Allstate Computers shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

Contract Renewal: All contracts are automatically renewed for another term unless a written notice of cancellation is submitted at least two weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation is given, all contracts will be automatically renewed for another term under the same conditions.

If client disputes justified charges by Allstate Computers on their credit card, Allstate Computers has the right to charge a $25 administration fee and immediately discontinue service.

Allstate Computers reserves the right to refuse service to anyone at any time. Allstate Computers reserves the right, in its sole discretion, to deactivate your account(s) without further warning upon an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem or disturbances.

7. UNILATERAL SERVICE REVOCATION: In the event that Allstate Computers may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Allstate Computers may immediately discontinue such service to the Customer without liability.

SPAM: In the event that Allstate Computers determines the account to be participating in any way with SPAM, including mining of email addresses, sending unsolicited email, or any other form of SPAM, Allstate Computers may immediately discontinue such service to the Customer without liability.
Indirect Storage and/or Processing: Allstate Computers does not allow our servers to be used as a storage location for download or access of files of any type (.exe, .doc, .pdf, .asp, .htm, .gif, .jpg etc.) that are not directly related to the account which we host. Also, Allstate Computers does not allow our servers to be used to process scripts and forms which do not directly relate to the account which we host. Basically, if it's related to your site, that's fine. If it's related to someone else's site, it should be on their server.

Email Services: Email accounts (POP3) are intended to be used directly by the individual/company/organization associated with the domain that we host. It is strongly recommended to use an email program like Outlook Express to retrieve the email from the POP3 account and store the emails locally. Due to the ever changing nature of email, the email POP3 accounts are not backed up, and in accordance with Item 3 above, Allstate Computers shall not be liable for any loss of email data stored on the email server(s). Storage of received, sent and any other format of email is considered in determining the total disk space used for the account. Likewise, email traffic is considered in determining the total traffic/bandwidth used by the account. A domain may not use more than the allotted disk space in their hosting plan for total email usage.

8. MATERIAL and INDEMNIFICATION: Client hereby agrees that all domain names and any material submitted for publication on Allstate Computers' server(s) through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless Allstate Computers for any claim resulting from the submission of illegal materials, any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Allstate Computers on the grounds of such violation. Violations to Allstate Computers' Terms Of Service will result in immediate account termination and Allstate Computers reserves the right to charge up to $50.00 clean-up fee.

9. CHANGES IN TERMS OF AGREEMENT: Allstate Computers reserves the right to make changes to the terms and conditions of this Agreement. It is the Customer's responsibility to periodically review the Web Hosting Contract and Terms of Service Agreement. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

11. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Florida in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

12. CGI-SCRIPTS: You are free to use any CGI scripts you wish, as long as it does not negatively affect another site on the Internet, nor can it be used for anything illegal. Allstate Computers reserves the right to disable any CGI script or script access on an account.

13. REFUSAL OF SERVICE: We reserve the right to refuse or cancel service at our sole discretion. Failure to comply with any of our policies will result in immediate termination of services. No refunds will be issued under these circumstances.

14. LOG FILES: Log files are not automatically made available to client and may be deleted on a periodic basis. If client wishes access to log files they must contact Allstate Computers and request such access. Users are responsible for downloading their log files if user needs the log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

15. CPU, MEMORY, DISK SPACE: It is a violation for anyone to post information or to include programs, scripts, images on the web space provided through the Allstate Computers services which consume excessive bandwidth, CPU time or storage space. For most web sites (probably over 90%) this isn't even an issue. If your site(s) violate this agreement, Allstate Computers reserves the right to de-activate or terminate your site(s) service immediately. We understand sites grow, and may need more disk space. That isn't the concern here. Extremely excessive disk space usage is not permitted.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.