Thank you for choosing Awe Video LLC! This Terms and Conditions of Service Agreement: Web Hosting (the “Agreement”) explains the rules and conditions that apply to your use of our products and services (collectively referred to as the “Services”) provided by Awe Video LLC and on our website domain, awevideo.com. Using any of our Services, you agree to follow all the terms and provisions outlined in this Agreement.
Ownership
The payment method associated with your account is considered the authorized owner of the account.
Third-Party Providers
Please note that any transactions you make with third-party providers are solely between you and the provider. Awe Video LLC is not acting as an agent, representative, trustee, or fiduciary in such transactions.
Furthermore, any discounts, promotions, or special offers provided by third-party providers may have additional restrictions and limitations imposed by the provider. You should carefully review the terms and conditions agreed upon with the specific provider before making any purchases.
Please be aware that Awe Video LLC does not make any representations or warranties regarding the quality, availability, or timeliness of goods or services offered by third-party providers. Any transactions with such providers are undertaken at your own risk. You must confirm these terms for any goods or services you acquire.
Finally, we would like to emphasize that Awe Video LLC does not guarantee the accuracy or completeness of information related to third-party providers. We encourage you to do your own research before making any transactions with third-party providers.
Use of Service
All Services must be used exclusively for lawful purposes. The laws of the United States of America apply to all Awe Video LLC Clients. By using Awe Video LLC Services, you agree to indemnify and hold Awe Video LLC harmless from any claims arising from your use of our Services. You represent and warrant to Awe Video LLC that you are at least eighteen (18) years old. Usage of the Services by individuals under eighteen (18) is prohibited.
If you are using the Services on behalf of someone else, you confirm that you have the authority to bind that party to this Agreement and take any actions related to the Services on their behalf.
The use of Awe Video LLC Services for copyright or trademark infringement is strictly prohibited. This includes any unauthorized copying of music, books, images, or any other copyrighted work. Any account caught selling counterfeit goods will be terminated. Repeated copyright violations may result in suspension or termination. If you believe your copyright or trademark is infringing upon, please contact admin@awevideo.com with relevant information about your claim.
Using a shared account for backup or storage purposes is not allowed, except for one cPanel backup of the same account. Creating multiple backups of backups is discouraged.
Examples of unacceptable content on Shared Web Hosting, Shared Business Hosting, and VPS servers include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- File Dump/Mirror Scripts (similar to Rapidshare)
- Sale of controlled substances without proper permits
- Lottery/Gambling Sites
- Sites promoting illegal activities
- Forums or websites distributing or linking to pirated or illegal content
- Fraudulent Sites
All files on our shared hosting accounts must be relevant to your website(s). The storage space is only to be used for web files, active emails, and content of client websites. Awe Video LLC shared hosting is not to be used for extensive file storage systems or backup solutions (including media files, emails, or other data). You are not authorized to use Awe Video LLC for hosting download mirrors. You may host files for your clients/users; however, if your website primarily involves file downloads, you must upgrade to a VPS Package.
You are responsible for ensuring that scripts/programs installed under your account are secure and that directory permissions are correctly configured, regardless of the installation method. Set permissions on directories to 755 or as restrictive as necessary whenever possible. Clients are accountable for all actions taken under their account, including the compromise of login credentials. Secure passwords must be used.
Solely to provide the Services, you grant Awe Video LLC the right and license to access, store, and utilize any content you provide. Awe Video LLC reserves the right to remove any or all of this content if it violates the provisions of this Agreement.
Awe Video LLC may monitor your use of the Services at any time to ensure compliance with this Agreement.
Zero-Tolerance SPAM Policy
At Awe Video LLC, we have a strict policy against sending unsolicited emails, unsolicited emailing, and SPAM. We consider “safe lists,” purchased lists, and selling lists to be in violation of this policy. Any client found to be sending out SPAM will have their account terminated and may be terminated without prior notice. Furthermore, clients who engage in unsolicited mailing may be charged a consulting fee for any remedial actions Awe Video LLC takes. This is in the event that Awe Video LLC’s servers or IP space are placed in any third-party mail filtering software or blackhole lists as a result of the client’s activities.
As a proactive measure to protect the IP reputation of our network and prevent our IP space from being used to distribute unsolicited emails, Awe Video LLC reserves the right to apply an SMTP filter to accounts flagged by our Abuse Team.
Transfers
Our Support personnel will make every effort to assist you with the move of your website or server to us. Transfers are provided as a courtesy service, and Awe Video LLC does not make any guarantees regarding the possibility, prospect, or time required to complete a transfer of accounts. Every hosting company is structured differently, and some hosting platforms retain data in an inconsistent or proprietary configuration, making migration attempts immensely difficult and possibly impossible to migrate partial or all account data. In certain situations, we may not be able to assist you in transferring data from a previous hosting provider. In no event shall Awe Video LLC be held liable for any lost or missing data or files resulting from a transfer to or from Awe Video LLC. You are solely responsible for backing up your data in all circumstances. You are also solely responsible for ensuring the integrity of the data once our engineer provides notice that the migration is complete to the best of their knowledge.
Backups and Data Loss
Your use of Awe Video LLC Services is at your sole risk. Awe Video LLC servers are set up with RAID to mirror all data to a second disk constantly. Awe Video LLC is not responsible for files and/or data stored on Awe Video LLC servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Awe Video LLC servers. Awe Video LLC does not take backups of any kind of customer data; customers are responsible for managing and backing up their own data.
Awe Video LLC Backup Service
Your use of Awe Video LLC’s Backup Service includes the fee associated with Awe Video LLC setting up your initial backup service and all support requests you may put in related to your backup service. It is your responsibility to ensure the integrity of your backups. Awe Video LLC assumes no liability related to the validity and/or integrity of the data contained within your backups. You are responsible for notifying Awe Video LLC should you believe your backups have a problem. You are also responsible for monitoring and ensuring your backups continue to function after Awe Video LLC completes the initial setup of the backup service.
Refunds
Payments made for eligible services provided by Awe Video LLC may be eligible for a prorated refund. In order to be eligible for a refund, a service must be canceled within our client portal. Once the service is canceled, a refund may be requested. The refund request must be made within seventy-two (72) hours of the payment transaction time. The transaction time means the time that the payment transaction or charge occurred. Generally speaking, this is the date of the original purchase or renewal for the service in question. Awe Video LLC will not grant refunds in advance. Refunds requested prior to cancellation or outside of the seventy-two (72) hour time window from the payment transaction time are considered invalid and not eligible for a refund.
The following products and services are not eligible for refunds:
- Software Licenses
- Domains
- SSL Certificates
- IP Addresses
- Products or Services that are billed on an Hourly basis
- Products or Services that are terminated for violations of our Terms of Service
- Products or Services that are purchased using cryptocurrencies, tokens, or digital assets
Unlimited Hosting Policy
Awe Video LLC will allocate unlimited disk space and bandwidth for our Shared, Business, Reseller, and White Label Reseller services. That unlimited disk space and bandwidth may only be used to store and transfer files relevant to the website(s) being hosted on those services. If a client causes continuous server or service interruptions under their current plan, they will be asked to upgrade to a more powerful plan.
In the event that such interruptions are being caused, we would notify the Client, informing them they need to upgrade. The service would be suspended in extreme cases to prevent further server or service interruptions. The service would also be suspended if the Client does not contact us after warning emails regarding the need to upgrade have been sent.
Bandwidth Overage Fees
The Cloud and Dedicated servers that Awe Video LLC provides come with a set amount of monthly Bandwidth based on the offered service’s tier or resources. The amount of bandwidth each server has resets monthly on the service’s recurring billing day (day of the month service invoices). The Client is responsible for monitoring the resource usage of their server(s). Clients can track and monitor bandwidth usage at any time within the cloud portal.
If a client exceeds the bandwidth provided with their service, the Client will be notified regarding the overage inside the Cloud Portal. The Client will be billed a fee incrementally for bandwidth overages. This would be done at a rate of zero point zero one dollar ($0.01) per Gigabit (Gb) of additional bandwidth used during a given month. When the server exceeds its bandwidth limit, a rate limit of three Mbps (3 Megabits per second) will be applied to the Client’s server. The Client can upgrade their server to a tier with a greater bandwidth allocation to remove this limit and avoid bandwidth overage fees.
Abuse Towards Awe Video LLC
Awe Video LLC values its clients and treats them with respect. However, Awe Video LLC expects the same level of respect and dignity from their clients in return. If Awe Video LLC determines that a client is being disrespectful or demeaning to any of its staff members, the client may be asked to switch to a new hosting provider. The affected client will have seven (7) days to move to a new host. After this period, Awe Video LLC reserves the right to altogether remove or terminate the client’s account. The client will not be entitled to any refunds, but refunds may be issued for advanced payments at Awe Video LLC’s discretion.
Server Abuse/Customer Abuse
Any attempted attack against any Awe Video LLC server and/or Client being hosted by Awe Video LLC will automatically terminate the offending account with no refund, including but not limited to no refunds for advanced payments and permanent banning of the offending Client.
Price/Plan Changes
Awe Video LLC reserves the right to change prices at any time. We will provide you with at least thirty (30) days’ notice before you are billed at the updated price. It is your sole responsibility to periodically review billing information provided by Awe Video LLC through the customer portal.
Changes to the Agreement or the Services
Awe Video LLC may modify, add, or delete portions of this Agreement at any time. Awe Video LLC will post a notice on the Awe Video LLC website for a period of thirty (30) days before the effective date of any such change. Your use of any of the Services shall constitute an Agreement to such change.
Awe Video LLC may modify, change, or discontinue any aspect of the Services at any time.
Cancellations
To cancel a service, besides domain name registrations and items stored in cloud storage, you are required to submit a cancellation request. Any other attempts to cancel through other means or with third parties will not be considered valid. All valid cancellation requests are handled immediately, resulting in the termination of the service and the deletion of any content that may have been stored on the service at the time of cancellation. Please note that it is your responsibility to ensure you have taken any necessary backups prior to requesting cancellation.
To prevent a service from renewing, completing the cancellation process as detailed above is necessary before the service’s next billing cycle begins. Failure to do so will result in the service automatically renewing as per the details in this Agreement’s “Payment” section. Payments for such renewals are subject to our refund policy as detailed in this Agreement’s “Refunds” section.
Domain name registrations and items stored in cloud storage are services that cannot be canceled as they do not operate on a standard subscription basis. Domain name registration will stop renewing once auto-renewal of a given domain name is disabled on the domain’s management page. Items held in cloud storage need to be deleted by the account owner from within the Cloud Portal. The time such items are stored leading up to that deletion would be billed according to the details of the “Payment” section in this Agreement.
Termination
Awe Video LLC may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:
- You fail to pay any fees due.
- Violation of the terms and conditions as mentioned in this Agreement.
- Your conduct may cause harm to Awe Video LLC or others, result in Awe Video LLC or others incurring liabilities, or disrupt Awe Video LLC’s business operations (as determined by Awe Video LLC in its sole discretion).
- f you behave in an abusive manner towards Awe Video LLC’s staff in any way.
- For any other lawful reason, including to comply with applicable law or as otherwise specified in this Agreement.
In such event, Awe Video LLC will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
Account Credit
All account credits are tied to the account to which they were initially added. Account credits will not be refunded back to the Client.
Chargebacks and Disputes
In the event that we are notified that a chargeback or other payment dispute is filed, your account will automatically be placed on hold, resulting in a suspension for all active services on your account and the risk of termination should the dispute not be immediately resolved. Resolving a chargeback would include:
- Providing proof of ownership for the payment method used.
- Repaying any disputed transaction(s).
- Paying a two hundred fifty dollar ($250) penalty fee per transaction that has been disputed.
Failure to do this will result in the termination of the service(s) on the account and the account remaining on hold, preventing any new orders or purchases from being completed.
Reseller Web Hosting Agreement
This Agreement applies to the Client’s Services as well. All content hosted on any Awe Video LLC server is subject to this Agreement.
Awe Video LLC VPN DMCA
Awe Video LLC does not condone the use of our Services to facilitate copyright infringement. Awe Video LLC respects and abides by U.S. copyright laws, including the requirements of the DMCA. Awe Video LLC implements an automated virtual private network (VPN) service. Our service is fully automated, and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service. Awe Video LLC VPN service qualifies as a transitory digital network communications provider under 17 U.S.C. A 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our clients’ activities to protect and respect their privacy, we are unable to identify particular users who may be infringing the lawful copyrights of others. To the extent Awe Video LLC can, Awe Video LLC will do its best to assist copyright owners and their agents who report copyright infringement by a client using Awe Video LLC Services. However, before investigating any report of copyright infringement, Awe Video LLC requires the copyright owner or its authorized agent to give Awe Video LLC a valid and complete DMCA takedown notice if the copyright owner wishes to report what it believes is infringing activity by a third party using Awe Video LLC VPN Services. If a copyright owner is unsure whether content on the Awe Video LLC network infringes the owner’s copyright, then Awe Video LLC requests that the owner please first contact an attorney. Please deliver notices to Awe Video LLC designated DMCA Agent.
Disclosure to Law Enforcement
Awe Video LLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Awe Video LLC will cooperate fully with law enforcement agencies.
Prohibited Persons
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations, or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or if you are listed as an SDN, you are prohibited from registering for or using the Services.
Payment
Awe Video LLC offers subscription-based services that automatically renew on a recurring basis to ensure uninterrupted service.
Payment for non-hourly services is due in advance of the time during which the services are provided. Hourly services are paid on the first (1st) of each month for the previous month’s usage.
Using a credit card, PayPal, or Alipay information at the time of checkout will store that information for future use.
All invoices will be automatically paid using the stored payment information, such as credit card, PayPal, or Alipay. This includes invoices for new orders, service renewals, hourly service usage, invoices created from the Client Area, and fees of any kind.
Listed fees for Awe Video LLC services do not include any applicable sales, use, revenue, excise, or other taxes imposed by taxing authorities. Any non-hourly service with an outstanding invoice for more than fourteen (14) days may be terminated. All hourly services must be paid for within one (1) day of their due date to avoid suspension. Hourly services unpaid beyond ten (10) days will be terminated.
Anniversary Billing
Awe Video LLC employs Anniversary Billing for service renewals and new service orders. The day of the month when an account is opened becomes the recurring due date for the purchased services and the start of each new billing cycle.
New services acquired on the account will have their first billing cycle prorated to align with the Client’s recurring due date. This billing cycle approach does not apply to services such as Domains, SSL certificates,
Indemnification
By agreeing to these terms, you are accepting responsibility for any claims, damages, losses, liabilities, suits, actions, demands, or proceedings (whether legal or administrative), as well as any expenses (including reasonable attorney’s fees), that may be threatened, asserted or filed against Awe Video LLC, our affiliates, and their respective officers, directors, employees, and agents (individually referred to as an “Indemnified Party” and collectively as the “Indemnified Parties”) by a third party. These claims and actions may arise from or be related to your use of the Services, any breach or violation of this Agreement by you, or any acts or omissions committed by you. It is important to note that the provisions of this section will remain in effect even after the termination of this Agreement.
Governing Law; Jurisdiction
Any dispute or claim arising out of or related to this Agreement, its formation, or its breach, including claims based on alleged torts, shall be governed by the internal laws of the State of Iowa without regard to conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Entire Agreement
This Agreement and any documents incorporated herein by reference or referred to herein supersedes all prior discussions, negotiations, and agreements between the parties concerning the subject matter herein. This Agreement and other agreements constitute the sole and complete Agreement between the parties regarding the matters discussed herein.