A list of terms, conditions and corporation policies is enumerated below.  As an AIM Server Customer or potential AIM Server Customer, please review and become familiar with these terms, conditions, policies and agreement that shall become part of the overall agreement, to provide web hosting and consulting services, between AIM Corporation and customer.  Should you have any specific questions regarding these terms, conditions and policies, please contact AIM Corporation at support@aimaccess.com.

Authorization to Charge Credit Card

I authorize AIM Corporation to debit my credit card as a monthly recurring charge for their services rendered at agreed published prices.

Billing and Collection Conditions

1. Customer agrees to pay a monthly Service Fee to AIM Corporation for the services it provides according to the current AIM Corporation Web Hosting and Consulting Price Schedule. The Service Fee is billed to you each month and is due no later than 20 days from the date that the Service Fee is sent.  The Service Fee is subject to adjustment, with notice, according to the current AIM Corporation Price Schedule.
2. Prior to, during and after AIM Corporation delivering additional programming, development, design and training services under AIM's terms, conditions and policies, customer must accept and agree to pay prevailing standard consulting rates as quoted to customer.
3. If a customer is delinquent with payment to AIM Corporation, AIM Corporation may discontinue web hosting until payment is received.
4. Cancellation of services by a customer from other providers such as internet services, domain name provider and telephone services do not constitute also a cancellation of services from AIM Corporation. An AIM's customer must request termination of services directly from AIM Corporation. AIM Corporation will acknowledge the termination by issuing to the customer a cancellation confirmation number noting the date the cancellation was requested by the customer.
5. If a customer requests termination of services, the Service Fee is not pro-rated for the current  month and the monthly fee and the domain name transfer fee is still applicable.  Please keep this in mind as you request services to be terminated.
6. Any reconciliation requests or disputes of charges that take place, must be taken care of during the current billing cycle. A customer forfeits the right to reconciliation of charges if the request is more than 40 days past the invoice date in question.
7. In the event we terminate this agreement because of a breach of AIM billing, collection and server policies, the customer will be charged in full for the entire month in which the breach occurred.
   

Customer Support Policies

The AIM Support Team is largely responsible for supporting End-users by isolating specific problems that may be encountered while using the AIM Web Hosting Account. Realistically, the AIM Support Team cannot focus large amounts of time fulfilling programming specific cgi script requests (this includes debugging). The AIM Support Team will troubleshoot specific programming problems which may be encountered insofar as they are related to installation and configuration in the Web Hosting environment.

The AIM Support Team can offer recommendations and direct the customer to the necessary resources which will allow them to create what is necessary for their express purposes.

Also, AIM will not offer technical support for third party vendor products that are outside of the existing AIM server extensions. If you have such a problem which is not specific to installing or running the program on AIM Server, please refer your questions to the vendor of the program.

If you required custom programming, consulting, design and development, please refer to our current rates.

AIM Server Policies

Unsolicited E-mail Policy

Unsolicited e-mail or "spam" sent from an AIM server account or associated with an AIM server account is not tolerated. This INCLUDES any e-mail that promotes web sites hosted on AIM Servers but is sent from an e-mail address not associated with an AIM account.

Use of distribution lists via unsolicited electronic mail or other mass electronic mailings is strictly prohibited. The Provider reserves the right to deactivate the Client's Server account(s) upon an indication of such activity.

After the first violation of this policy, we will give a warning to the customer that send unsolicited e-mail. After the second violation, the web hosting will be discontinued without warning and the account may be terminated.

We believe strongly in promoting "netiquette," or proper use of the Internet. A strong anti-spamming policy will benefit all of us by establishing AIM as the leading source of  web hosting and web design services on the Internet.

Activities Subject to Immediate Deactivation

Web sites that are used for illegal, abusive, or unethical activity may be immediately deactivated by us without warning to you. Illegal, abusive or unethical activities may include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive, or unethical materials. If a web site is deactivated, the regular monthly fees still apply until the web site is terminated by the customer. Client shall not knowingly or unknowingly submit to Provider for publication any of the following material (including pictures, links, or any other content):  (a) any material which violates or infringes any copyright, trademark, service mark, trade secret, patent, statutory, common law or other proprietary rights of others;  Any violation of the above conditions will result in termination of Client's account. Provider may remove from publication any material which Provider, in its sole judgment, believes violates any of these conditions.

Other Policies

Data Backups.  Customer is ultimately and solely responsible for the backup of its web site and data stored on AIM Server.

Liability. Under no circumstances, will our officers, agents, or anyone else involved in creating, producing or distributing our service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service.  We will further not be liable for results from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to our records, programs or services. Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of any services or equipment of Provider used by Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider. You acknowledge the paragraphs under the liability section shall apply to all content on AIM Servers.

Public Nature of Internet. Please understand that all information submitted on the AIM Server shall be considered publicly accessible.  Important and private information should be protected by the customer.  For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

Compliance with Law. Client will use the services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations. Client will not use the services offered by Provider to gain unauthorized access to any networks or systems.

Domain Name Registration. If Client asks Provider to register any domain name on Client's behalf, Provider will process Client's registration request for Client and send it to Network Solutions (Internic). Provider will not guarantee successful registration of domain name, and will not be held liable for failure to successfully register domain name, regardless of the cause of the failure. If Client has any concerns about registration process, Provider recommends that Client manage the domain registration process separately.

Provider does not represent or warrant to Client that: (1) Client will receive continual and uninterrupted service during the term of this Agreement; or (2) any information transmitted on Provider's facilities or other interconnecting network(s) or server(s) will remain private or secure. In the event of a service interruption, Client shall notify Provider, and Provider shall attempt to restore Client's service as soon as is reasonably possible. In case of a service interruption or malfunction that lasts for less than 24 hours, or that is caused by circumstances beyond Provider's control (such as strike, fire, inclement weather, civil disturbance, vandalism, or other force majeure events), Provider shall not be liable to Client, nor shall Client be entitled to a credit to its account. Client will hold Provider harmless for Y2K-related issues.

DISCLAIMER OF WARRANTIES. PROVIDER'S SERVICE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS, AND CLIENT'S USE OF PROVIDER'S SERVICES SHALL BE COMPLETELY AT CLIENT'S RISK.

PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, BEYOND THOSE SPECIFICALLY PERMITTED BY AIM's TERMS, CONDITIONS, POLICIES AND AGREEMENT.

Governing Law/Venue. This Agreement shall be governed by the laws of the State of Maryland. Venue for any action hereunder shall be in Montgomery County, Maryland.

Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.