These are the terms and conditions for use of the Internet services provided by Auto Web Design L.L.C. and it subsidiary's: "Direct Conect" ," DCIS", "Direct Connect Internet Services". Any mention of Auto Web Design from here on, would also to mean and include its subsidiary's. By purchasing services from Auto Web Design , you (Customer) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.
Auto Web Design respects the privacy of all its customers
and will not sell the information of its customers to any
3rd party. Information given to Auto Web Design or one of
its subsidiaries will be used for our company's use.
Lawful Use - You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Auto Web Design. Should the posted material fall into this category, we reserves the right to immediately refuse or terminate service.
Data & Backup - While we do back up our system files, we do not back up domain files uploaded or maintained by our customers or by our design team. This means that if you upload web pages or other personal files to our system, you must keep a backup on your own machine. As well, we do provide a "backup service" for any web site hosting on our servers for additional fee's. Customer agrees that Auto Web Design has the right to delete all data, files, or other information that is stored on Auto Web Design computers upon termination of services, or cancellation of account due to non-payment.
Unsolicited Advertising - Unsolicited advertising (spam) via E-mail or newsgroups is prohibited and shall result in immediate account dismissal. "Spamming", including (but not limited to) mass-E-mailing, cross-posting, or otherwise causing abuse to others on the net is prohibited and will be grounds for account dismissal. Any actions construed to be negligent, malicious, or a denial-of-service attack is strictly prohibited.
Billing Policy - Approximately 10 days prior to the end of the month, Auto Web Design will e-mail Customer invoice to the e-mail billing address in Customer's company profile. Customer is responsibility for keeping the billing e-mail address current. Payment is due upon receipt. We accept payment with cash, check, money order or credit card. Any unpaid accounts will be suspended at noon on the 15th day of the month. Any late payments could result in discontinuation of service and nullification of this agreement. There will be a $25 service charge for all returned checks.
Network Security - Customer is expected to keep all passwords secret. Passwords allow access to your private messages and billing information. If Auto Web Design believes a Customer's password has been compromised, we reserve the right to change the Customer's password without notice.
Domain Names - Customer is responsible for registering Domain Names with InterNIC. Domain names can be registered online at Network Solutions (www.networksolutions.com) or any authorized 3rd party.
IP Addresses - Customer will be assigned IP addresses by Auto Web Design, and must return to Auto Web Design the rights to same when service is discontinued.
Assignment or Transfer - Customer shall not assign or transfer the rights or obligations associated with this assignment, in whole or in part, without Auto Web Design written consent.
Cancellation - Customer or Direct Connect may cancel this agreement at any time with 30-day written notice. Auto Web Design reserves the right to terminate or refuse service to anyone. Falsification of contact information is grounds for immediate termination.
Price Adjustments - Customer will have 30 days from notification of price increases to cancel affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
Limitations of Warranty and Assumption of Risk - Customer uses Auto Web Design services at Customer's own risk. Auto Web Design makes no warranty, expressed or implied. Auto Web Design and its' subsidiary's shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. Auto Web Design shall not be liable for claims of damages made by any third party for any cause whatsoever.
Hold Harmless - Customer will indemnify and hold Auto Web Design harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Customer's business, service, equipment, network, operations, or reputation resulting from Auto Web Design's actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Arbitration - If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any abatable dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to award costs and reasonable attorney fees to the prevailing party.
These terms and conditions are current as of 1/1/2010.
If you have any questions regarding these terms,
please contact Auto Web Design by phone at 1 800 878 3071.
� Copyright 2005 All Rights Reserved
Our policy regarding
e-mail and spam is as follows:
Auto Web Design operates under a strict No Spam policy. The sending of any unsolicited email advertising messages to this domain will result in the imposition of civil liability against you in accordance with California Business & Professions Code Section 17538.45.
This policy, which is also part of our Acceptable Use Policy has been formulated with the following goals in mind:
Ensure security, reliability and privacy of Auto Web Design systems and network, and the networks and systems of others.
Avoid situations that may cause Auto Web Design to incur civil liability.
Maintain the image and reputation of Auto Web Design as a responsible provider.
Preserve the value of Internet resources as a conduit for free expression.
Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.
Preserve the privacy and security of individual users.
Harassment, whether through language, frequency, or size of messages, is prohibited.
Customers may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further e-mail. Customers are explicitly prohibited from sending unsolicited bulk e-mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
Malicious e-mail, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
Any attempts to send e-mail messages or transmit any electronic communications using a name or address of someone other than yourself for purposes of deception is prohibited.
Any attempt to impersonate someone else by altering your source IP address information or by using forged headers or other identifying information is prohibited.
Any attempt to fraudulently conceal, forge, or otherwise falsify your identity in connection with your use of the Service is prohibited.
Any use of another party's electronic mail server to relay e-mail without express permission from that is prohibited.
Auto Web Design accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
Customers are explicitly prohibited from using products or services purchased from Auto Web Design with other third party individuals or companies which send unsolicited bulk e-mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Auto Web Design maintains a list of approved third party companies which provide opt-in mailing services. Use of products or services purchased from Auto Web Design with these approved third party companies is allowed as long as no other provisions of our Acceptable Use Policy are violated. This list of approved third party companies is subject to change without notice. Please contact our office for current information.
Customers further agree to comply with any current Federal or State laws regarding the sending of unsolicited bulk e-mail messages to those who do not wish to receive it.
If a customer is found to be in violation of these policies, customers account and services may be terminated or modified without notice and no refunds will be given. Auto Web Design may bill for any resulting support charges.
Rules under California Business & Professions Code Section 17538.45
17538.4. (a) No person or entity conducting business in this state shall facsimile (fax) or cause to be faxed, or electronically mail (e-mail) or cause to be e-mailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit unless:
(1) In the case of a fax, that person or entity establishes a toll-free telephone number that a recipient of the unsolicited faxed documents may call to notify the sender not to fax the recipient any further unsolicited documents.
(2) In the case of e-mail, that person or entity establishes a toll-free telephone number or valid sender operated return e-mail address that the recipient of the unsolicited documents may call or e-mail to notify the sender not to e-mail any further unsolicited documents.
(b) All unsolicited faxed or e-mailed documents subject to this section shall include a statement informing the recipient of the toll-free telephone number that the recipient may call, or a valid return address to which the recipient may write or e-mail, as the case may be, notifying the sender not to fax or e-mail the recipient any further unsolicited documents to the fax number, or numbers, or e-mail address, or addresses, specified by the recipient. In the case of faxed material, the statement shall be in at least nine-point type. In the case of e-mail, the statement shall be the first text in the body of the message and shall be of the same size as the majority of the text of the message.
(c) Upon notification by a recipient of his or her request not to receive any further unsolicited faxed or e-mailed documents, no person or entity conducting business in this state shall fax or cause to be faxed or e-mail or cause to be e-mailed any unsolicited documents to that recipient.
(d) In the case of e-mail, this section shall apply when the unsolicited e-mailed documents are delivered to a California resident via an electronic mail service provider's service or equipment located in this state. For these purposes "electronic mail service provider" means any business or organization qualified to do business in this state that provides individuals, corporations, or other entities the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail.
(e) As used in this section, "unsolicited e-mailed documents" means any e-mailed document or documents consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit that meet both of the following requirements:
(1) The documents are addressed to a recipient with whom the initiator does not have an existing business or personal relationship.
(2) The documents are not sent at the request of, or with the express consent of, the recipient.
(f) As used in this section, "fax" or "cause to be faxed" or "e-mail" or "cause to be e-mailed" does not include or refer to the transmission of any documents by a telecommunications utility or Internet service provider to the extent that the telecommunications utility or Internet service provider merely carries that transmission over its network.
(g) In the case of e-mail that consists of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, the subject line of each and every message shall include "ADV:" as the first four characters. If these messages contain information that consists of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, that may only be viewed, purchased, rented, leased, or held in possession by an individual 18 years of age and older, the subject line of each and every message shall include "ADV:ADLT" as the first eight characters.
(h) An employer who is the registered owner of more than one e-mail address may notify the person or entity conducting business in this state e-mailing or causing to be e-mailed, documents consisting of unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit of the desire to cease e-mailing on behalf of all of the employees who may use employer-provided and employer-controlled e-mail addresses.
(i) This section, or any part of this section, shall become inoperative on and after the date that federal law is enacted that prohibits or otherwise regulates the transmission of unsolicited advertising by electronic mail (e-mail).
17538.45. (a) For purposes of this section, the following words have the following meanings:
(1) "Electronic mail advertisement" means any electronic mail message, the principal purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient.
(2) "Unsolicited electronic mail advertisement" means any electronic mail advertisement that meets both of the following requirements:
(A) It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship.
(B) It is not sent at the request of or with the express consent of the recipient.
(3) "Electronic mail service provider" means any business or organization qualified to do business in California that provides registered users the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail.
(4) "Initiation" of an unsolicited electronic mail advertisement refers to the action by the initial sender of the electronic mail advertisement. It does not refer to the actions of any intervening electronic mail service provider that may handle or retransmit the electronic message.
(5) "Registered user" means any individual, corporation, or other entity that maintains an electronic mail address with an electronic mail service provider.
(b) No registered user of an electronic mail service provider shall use or cause to be used that electronic mail service provider's equipment located in this state in violation of that electronic mail service provider's policy prohibiting or restricting the use of its service or equipment for the initiation of unsolicited electronic mail advertisements.
(c) No individual, corporation, or other entity shall use or cause to be used, by initiating an unsolicited electronic mail advertisement, an electronic mail service provider's equipment located in this state in violation of that electronic mail service provider's policy prohibiting or restricting the use of its equipment to deliver unsolicited electronic mail advertisements to its registered users.
(d) An electronic mail service provider shall not be required to create a policy prohibiting or restricting the use of its equipment for the initiation or delivery of unsolicited electronic mail advertisements.
(e) Nothing in this section shall be construed to limit or restrict the rights of an electronic mail service provider under Section 230(c)(1) of Title 47 of the United States Code, or any decision of an electronic mail service provider to permit or to restrict access to or use of its system, or any exercise of its editorial function.
(f) (1) In addition to any other action available under law, any electronic mail service provider whose policy on unsolicited electronic mail advertisements is violated as provided in this section may bring a civil action to recover the actual monetary loss suffered by that provider by reason of that violation, or liquidated damages of fifty dollars ($50) for each electronic mail message initiated or delivered in violation of this section, up to a maximum of twenty-five thousand dollars ($25,000) per day, whichever amount is greater.
(2) In any action brought pursuant to paragraph
(1), the court may award reasonable attorney's fees to a prevailing party.
(3) (A) In any action brought pursuant to paragraph (1), the electronic mail service provider shall be required to establish as an element of its cause of action that prior to the alleged violation, the defendant had actual notice of both of the following:
(i) The electronic mail service provider's policy on unsolicited electronic mail advertising.
(ii) The fact that the defendant's unsolicited electronic mail advertisements would use or cause to be used the electronic mail service provider's equipment located in this state.
(B) In this regard, the Legislature finds that with rapid advances in Internet technology, and electronic mail technology in particular, Internet service providers are already experimenting with embedding policy statements directly into the software running on the computers used to provide electronic mail services in a manner that displays the policy statements every time an electronic mail delivery is requested. While the state of the technology does not support such a finding at present, the Legislature believes that, in a given case at some future date, a showing that notice was supplied via electronic means between the sending and receiving computers could be held to constitute actual notice to the sender for purposes of this paragraph.
(4) A violation of this section shall not be subject to Section 17534.