The Astions business model allows us to build free web sites for our clients. We derive a majority of our income from monthly fees associated with hosting web sites, providing Email and maintaining web sites. Building free web sites for our clients and then allowing the client to copy the web site to another web hosting provider would be seriously detrimental to our business model. Therefore Astions retains ownership and copyright to the following:
You, the client, retain ownership and copyright to the following:
Astions does not quote specific uptime estimates or guarantee a specific level of uptime nor do we compensate customers for downtime. Astions servers are monitored 24/7 by an on-site team of experienced network engineers and IT specialists who are alerted to problems immediately. In the rare event that there is an issue with an Astions server, it is generally solved in a matter of minutes. You will be notified of any issues that effect your web site availability.
Your web site will never be in danger of loss due to hardware failure as it is backed up and stored on multiple data servers in separate physical locations. Your Email however is more at risk, especially if your Email client moves your messages off of the Astions mail server and onto your personal computer. Please refer to your welcome kit for information on how Astions can help you ensure that all of your incoming mail is immediately backed up. Astions cannot be held responsible for loss of Email.
Any attempt to undermine or cause harm to a server, or customer, of Astions is strictly prohibited.
Any entry or attempt to gain entry to unauthorized or restricted areas of an Astions server including other customer accounts is strictly prohibited.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium. Posting advertisements in a number of discussion forums or Usenet discussion groups is also considered spamming. Spam is strictly prohibited.
Astions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Astions if Astions institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer.
Web servers typically cache (store in ram) the content of web sites in order to speed up delivery. You expressly (i) grant to Astions a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Astions under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Astions reserves the right to temporarily disable web site and or Email access at our discretion at such time that an account becomes delinquent.
For technical and administrative purposes, Email sent to postmaster@yourdomain and webmaster@yourdomain are forwarded to Astions.
Astions reserves the right to refuse service to anyone. Customers may only use Astions server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. The designation of any materials as such described above is left entirely to the discretion of Astions management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Greene County, Missouri, and any dispute will be litigated or arbitrated in Greene County, Missouri. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Greene County courts. IN NO EVENT SHALL ASTIONS MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ASTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ASTIONS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ASTIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ASTIONS SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM AN ASTIONS SERVER.
ASTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ASTIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ASTIONS DISCLAIMS 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 ASTIONS AND ITS EMPLOYEES. ASTIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.