AUTHENTIC NETWORKS LLC agrees to furnish internet and/or web hosting services to the Subscriber, subject to the following Subscriber Agreement (Terms of Service) and AUTHENTIC NETWORKS Customer Policy. Please be sure to read both documents before becoming an AUTHENTIC NETWORKS Subscriber. The provisions of the Subscriber Agreement and Customer Policy may be changed, at the sole discretion of the Company, from time to time and without previous notice to the subscriber or customer. Each Subscriber understands that changes by the Company shall not be grounds for early contract termination or non-payment.

_ Important Notice

Use of AUTHENTIC NETWORKS Service constitutes acceptance and agreement to all of AUTHENTIC NETWORKS Subscriber Agreement and customer policies. Any use of a AUTHENTIC NETWORKS service is subject to the provisions of this contract and all terms of AUTHENTIC NETWORKS policies. This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the State of New York. Use of AUTHENTIC NETWORKS services constitutes an acceptance of the State of New York as proper venue for all disputes.

 

_ Payment

Establishment of this service is dependent upon receipt of the stated charges by the Company. Each additional payment is due on the first day of the month for that month's service. All Payments received by AUTHENTIC NETWORKS from its customers and subscribers are non-refundable, unless covered by our service guarantee.

 

_ Payments and Fees

Accounts not paid by due date are subject to a $10.00 late fee per month of delinquency. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment on dedicated and virtual private servers is subject to an additional $200 reconnection charge. Service will only be reconnected upon receipt of all amounts due.

Choosing to pay by credit card authorizes Authentic Networks to bill your card when invoices are sent (generally the 25th of the month.)

Credit cards that are declined for any reason are subject to a $10.00 fee. (rarely charged)
If the customer cancels service for any reason, all charges for that period are considered earned for all tasks and services AUTHENTIC NETWORKS is to perform.

Accounts that are not collectable by AUTHENTIC NETWORKS may be turned over to an outside collection agency for collection. If your account is turned over for collection, you hereby agree to pay the Company a "Processing and Collection" Fee of not less than $100.

Bandwidth is automatically billed at .01$ per 1MB or $1.00 per 1GB.

 

_ Service Rates

Subscriber hereby acknowledges receipt of the nature of the service furnished and the initial rates and charges by the Company. Subscriber is aware that the Company may change the specified rates and charges from time to time in the sole discretion of the Company and without previous notice to its subscribers and customers.

 

_ Refund and Disputes

All billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in AUTHENTIC NETWORKS sole discretion is a valid charge under the provisions of this Agreement, your account will be charged an "Administrative Fee" of not less than $100.
All payments to  AUTHENTIC NETWORKS Inc. are nonrefundable.

-There are NO refunds on domain registration what so ever.  Domains that are purchased will be registered for a minimum of one year at which you may choose to renew or cancel your domain registration.

 

_ Sales and Specials

All sales and server specials apply only to new Authentic Networks customers.

 

_ Failure to Pay

The Company may, in its sole discretion, 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 or other fees as imposed by this Agreement.

 

_ Account Cancellation

Requests for canceling accounts must be submitted from within our helpdesk. All other forms of notice will not constitute acceptance of any cancellation. All cancellations must be submitted by the 25th of the preceding month. Your account will be terminated the day we receive your cancellation request.  We do NOT pro-rate refunds.  You are responsible for sending cancellation e-mail on the exact date you wish to cancel the account.

 

_ Support Boundaries

AUTHENTIC NETWORKS provides technical support to our subscribers. When providing support, AUTHENTIC NETWORKS proceeds according to the following guidelines:

 

. AUTHENTIC NETWORKS provides support related to your server or virtual site physical functioning.

. AUTHENTIC NETWORKS does not offer tech support for application specific issues or any other software issue, unless

. AUTHENTIC NETWORKS supplies the software to the Subscriber.

. AUTHENTIC NETWORKS does not provide technical support for AUTHENTIC NETWORKS Subscribers’ third party customers or subscribers.

. AUTHENTIC NETWORKS encourages Subscribers to contact support for assistance. If the internet is accessible to you and you have other questions, please refer to our home page at http://www.AuthenticNetworks.com.

 

_ Internet Protocol Address Ownership

The right to use any IP address assigned to a AUTHENTIC NETWORKS Subscriber or customer shall belong only to AUTHENTIC NETWORKS, and the Subscriber or customer shall have no right to use that IP address except as permitted by AUTHENTIC NETWORKS. AUTHENTIC NETWORKS shall maintain and control ownership of all IP numbers and addresses, and AUTHENTIC NETWORKS reserves the right to change or remove any and all such IP numbers and addresses. AUTHENTIC NETWORKS recommends using name-based hosting, as opposed to IP addresses, and will periodically review IP address usage. If AUTHENTIC NETWORKS finds that clients are not using name-based hosting whenever possible, but IP addresses instead, AUTHENTIC NETWORKS may revoke authorization to use those IP addresses.

 

_ Bandwidth and Disk Allocation

AUTHENTIC NETWORKS will monitor Customer's bandwidth and disk usage, and shall have the right to interrupt or terminate service if a Subscriber or Customer's bandwidth or disk usage exceeds the agreed allocation. Such corrective action may include the assessment of additional charges, disconnection or reconnection fees for any and all Services, or termination of this Agreement. If AUTHENTIC NETWORKS takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

 

_ SPAM and Unsolicited Email

AUTHENTIC NETWORKS takes a zero tolerance approach to the sending of unsolicited ads or emails (SPAM) over our network. This means that subscribers and customers of AUTHENTIC NETWORKS:

.  May not use or permit others to use our network to transact SPAM

. May not host, or permit hosting of, sites or information that is advertised by SPAM from other networks.

an alleged violation of our SPAM policy is reported, AUTHENTIC NETWORKS:

. will initiate an immediate investigation (within 48 hours)

. may restrict customer access to the network to prevent further violations.

. may restrict, suspend or terminate customer's account.

. will immediately remove any subscriber or customer hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases

 

_ System Security

Subscribers and customers are prohibited from violating or attempting to violate the integrity and security of the AUTHENTIC NETWORKS servers, system, or network. AUTHENTIC NETWORKS will investigate reported occurrences and may contact and cooperate with law enforcement authorities to prosecute Subscribers and customers who are believed to be involved in such violations.

By using AUTHENTIC NETWORKS services and systems, Subscribers and customers agree not to:

. Access data, or log into a server or account, which such User is not authorized to access.

. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.

. Attempt to interfere with service to any user, host or network, including, without limitation, “overloading”, “flooding”, “mail bombing”, or “crashing”.

. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

. Take any action in order to obtain services to which such User is not entitled.

 

_ Violation of Policies

If inappropriate activity is detected, all accounts of the Subscriber or customer in question will be deactivated until an investigation is complete. AUTHENTIC NETWORKS is under no duty to look at each Subscriber or customers’ activities to determine if a violation of the AUTHENTIC NETWORKS Subscribers Agreement or Customer Policy has occurred. AUTHENTIC NETWORKS does not assume any responsibility through our policies or agreements to monitor or police activities on our servers, system, or network.
Violations may be handled by any of the following corrective actions, as well as to any other actions listed in this Agreement or Customer Policy:

. an email, warning them of the violation.

. service may be subject to a temporary suspension pending a Subscriber or customers written agreement to refrain from any further violations.

. immediate suspension or termination of service without further notice.

AUTHENTIC NETWORKS reserves the right, to drop any section of IP space involved in any violation of this Agreement or Customer Policy if it appears that the offending activity is causing harm to parties on the Internet. In addition to the above actions, any violation of this Agreement or Customer Policy will result in a fee of $200 charged to the account of the Subscriber. Any further violation will result in a fee of $500 and immediate termination of the account. Subscribers and customers who violate this policy agree that in addition to these penalties, they will pay $150 per hour that AUTHENTIC NETWORKS personnel must spend to investigate and correct the matter. AUTHENTIC NETWORKS reserves the right to pursue civil remedies for any costs and/or damages associated with the investigation and correction of any policy violation.

 

_ Suspension of Service or Cancellation

AUTHENTIC NETWORKS reserves the right to suspend network access to any customer if, in the sole judgment of AUTHENTIC NETWORKS, the customer's server is the source or target of the violation of any of the other terms of the AUTHENTIC NETWORKS Subscriber Agreement or Customer Policy, or for any other reason which AUTHENTIC NETWORKS chooses. Prior notification to the Customer is not assured.

 

_ Uncontrolled Interruptions of Service

Subscriber acknowledges that the services provided by AUTHENTIC NETWORKS 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 the company be liable for any special or consequential damages, loss or injury.

 

_ Indemnification

By agreeing to the AUTHENTIC NETWORKS Subscriber Agreement and Customer Policy, and/or using AUTHENTIC NETWORKS services, Subscribers and customers agree to indemnify AUTHENTIC NETWORKS for any violation that results in a loss to AUTHENTIC NETWORKS or the bringing of any claim against AUTHENTIC NETWORKS by any third-party, including any damages of AUTHENTIC NETWORKS, any awards against AUTHENTIC NETWORKS, plus all costs and attorney's fees.

 

_ Sub-Networks and Resellers of AUTHENTIC NETWORKS Services

The Subscriber Agreement and Customer Policy must be followed by all Sub-Networks, resellers and managed servers of AUTHENTIC NETWORKS services. Failure to follow any term or condition will be grounds for immediate cancellation of all AUTHENTIC NETWORKS services. You are responsible for insuring the actions of your clients do not violate these Terms of Service.

AUTHENTIC NETWORKS recommends that you implement similar or stricter Terms of Service to control your clients and prevent violations of AUTHENTIC NETWORKS terms.

 

_ Responsibility for Content

AUTHENTIC NETWORKS is not responsible for the material input by others and not posted to the AUTHENTIC NETWORKS Network by AUTHENTIC NETWORKS. AUTHENTIC NETWORKS is not responsible for the content of websites linked to the AUTHENTIC NETWORKS Network; links are provided as Internet navigation tools only. It is absolutely forbidden to host pornographic content or IRC servers. You, as AUTHENTIC NETWORKS Subscriber and customer, are solely responsible for the content stored on and served by your AUTHENTIC NETWORKS server.

 

_ Disclosure to Law Enforcement

The AUTHENTIC NETWORKS Customer Policy specifically prohibits the use of our service for illegal activities. Therefore, Subscribers agree that the Company may disclose all relevant information to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition AUTHENTIC NETWORKS shall have the right to terminate all service set forth in this Agreement.

 

_ Waiver

A waiver by the Company of, or failure to act on, any breach of any provision of this Subscriber Agreement or Customer Policy shall not operate as, or be construed as, a continuing or subsequent waiver of any other breach of any provision thereof, or as a waiver of any legal right or remedy.

 

_ Transfer or Assignment

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

 

_ Captions

AUTHENTIC NETWORKS uses the captions in this Agreement for convenience only and shall not be considered a part hereof or affect the construction or interpretation of any provision of this Agreement.