Allweb Tech Solutions Terms and Conditions

Welcome to Allweb Tech Solutions These Terms of Service (the “Agreement”) form a legal agreement between Allweb Tech Solutions (“we,” “us,” or “our”) and you, the user (“User” or “you”), regarding your use of our products, services, and the https://allwebtechsolutions.com/ website (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with these terms, please refrain from using our Services.

Additional Terms of Engagements/User Agreements

In addition to this Agreement, your use of our Services is also governed by other policies and agreements that are incorporated by reference. By using our Services, you also agree to comply with the terms of the following documents:

1. Privacy Policy
2. Refund Policy
3. Domain Registration Agreement where applicable

Eligibility

By registering for or using our Services, you represent and warrant that:

1. You are at least eighteen (18) years old. Our Services are intended solely for individuals who are eighteen (18) years of age or older. Any use of our Services by individuals under the age of eighteen (18) is unauthorized and constitutes a violation of this Agreement.
2. If you are using our Services on behalf of another entity, you confirm that you have the authority to bind that entity to this Agreement and to take actions on their behalf in connection with the Services.
3. You are responsible for providing accurate, up-to-date, and complete information during the registration process. It is important to maintain a valid and separate email address for communication purposes. In the event of any abuse issues or necessary communication, we will contact you using the primary email address on record.
4. You acknowledge that maintaining accurate and current contact information, including domain-related accounts, is your responsibility. We are not liable for any interruptions in the Services resulting from outdated contact information associated with your domain.
5. Certain services, such as dedicated server purchases, may require additional information, including government-issued identification and credit card verification. Failure to provide requested information may result in the denial of your order.

You are fully responsible for all activities conducted through your account and any actions taken on your behalf. Safeguarding your password and account information is crucial for ensuring the security of your account.

If you have any inquiries or need to update your contact information, please use our website to make the necessary changes. Please note that providing false contact information may lead to the termination of your account.

Transfers

Our Transfers Team is available to assist you with transferring your website to our platform. While we make every effort to facilitate transfers, we do not guarantee availability, feasibility, or timeframes for completing such transfers. Different hosting platforms and data formats may pose challenges during the migration process, and in some cases, we may be unable to assist with data transfer.

Our complimentary transfer service is valid for thirty (30) days from the date of your sign-up. We do not accept responsibility for lost or missing data resulting from transfers to or from Allweb Tech Solutions. It is your responsibility to maintain adequate backups of your data.

Ownership of Content

With the exception of User Content, all content available through our Services, including designs, text, graphics, images, videos, software, information, audio, and other files, along with the software used to provide the Services (collectively, the “Allweb Tech Solutions Content”), is the proprietary property of Allweb Tech Solutions or its licensors. Unauthorized modification, copying, distribution, reproduction, republication, download, scraping, display, posting, transmission, sale, or exploitation of Allweb Tech Solutions Content, in whole or in part, is prohibited, except as expressly permitted in this Agreement.

Directly or indirectly reverse engineering, decompiling, disassembling, or attempting to derive source code or trade secrets from any Allweb Tech Solutions Content is strictly prohibited. Unauthorized use of Allweb Tech Solutions Content, beyond the scope authorized herein, will result in the automatic termination of your rights to use the Services and any associated Allweb Tech Solutions Content. All rights not expressly granted under this Agreement are reserved by Allweb Tech Solutions and its licensors.

Third Party Products and Services

We may offer third-party products and services as part of our offerings. These products and services are subject to the terms and conditions of the respective third-party providers. Discounts, promotions, and special offers from third-party providers may be subject to additional limitations and restrictions. You are responsible for verifying the terms of any purchases and the use of third-party goods or services.

Please note that the quality, availability, and timeliness of goods or services provided by third-party providers are beyond our control. Transactions with third-party providers are undertaken at your own risk. Allweb Tech Solutions is not responsible for any third-party provider’s goods, services, or claims.

Additionally, Allweb Tech Solutions may act as a reseller or licensor of certain third-party services, hardware, software, and equipment related to our Services (“Non-Allweb Tech Solutions Products”). Any changes affecting the Services that may impact Non-Allweb Tech Solutions Products will not be deemed a breach of our obligations under this Agreement.

Any malfunction or defects in Non-Allweb Tech Solutions Products provided by us will not constitute a breach of our obligations. Your rights regarding the ownership, licensing, performance, or compliance of Non-Allweb Tech Solutions Products are limited to those provided by the manufacturer. Usage of Non-Allweb Tech Solutions Products is only permissible in connection with your use of our Services as outlined in this Agreement.

We reserve the right to restrict, deny, or terminate access to Non-Allweb Tech Solutions Products that violate applicable laws, rules, or regulations.

Third Party Websites and Content

Our Services may contain links to Third Party Sites or display Third Party Content. Please be aware that these Third-Party Sites and Third-Party Content are not owned or controlled by Allweb Tech Solutions. We do not monitor, investigate, or endorse these Third-Party Sites or Content for accuracy, appropriateness, or completeness. Your access and use of Third-Party Sites and Content are undertaken at your own risk.

Our terms and policies will no longer apply when navigating to Third Party Sites or using Third Party Content. You should review the terms, policies, privacy practices, and data collection methods of any third-party website you visit.

Prohibited Persons/Entities/Countries

Allweb Tech Solutions strictly adheres to the regulations set forth by the U.S. Department of the Treasury, specifically those of the Office of Foreign Assets Control (OFAC). These regulations prohibit U.S. companies from engaging in commercial activities with sanctioned countries (“Sanctioned Countries”) and individuals, entities, or organizations designated as “Specially Designated Nationals” (“SDN”) by OFAC.

By using our Services, you confirm that you are not located in a Sanctioned Country and are not listed as an SDN. Moreover, you acknowledge that our Services cannot be used to register or utilize any Country-Code Top Level Domain Name (ccTLD) for any Sanctioned Country, unless explicit permission has been granted.

Billing and Payment Information

We strive to maintain accurate billing and payment information for all users. To ensure a seamless experience, please keep your payment information current and settle all invoices on time. Your payment for Services must be made in advance of the service period.

For your convenience, we offer an automatic renewal option to prevent any disruption in your Services. This automatic renewal is contingent upon your notification to us if you wish to cancel the Services. Your credit card or billing information on record will be charged automatically for the renewal.

Please note that listed fees for Services do not encompass applicable sales, use, revenue, excise, or other taxes imposed by relevant taxing authorities. These taxes will be itemized separately on our invoices.

Failure to pay invoices within ten (10) days of the due date may lead to suspension or termination of Services. Account access will be reinstated upon receipt of payment. Allweb Tech Solutions reserves the right to deny or suspend new orders or packages for accounts with outstanding balances.

If a dedicated server’s invoice remains unpaid for over ten (10) days, the server may be reclaimed, and all data deleted. It is your responsibility to manage timely payments and maintain backups of your data.

Please ensure that you notify our Billing department through a support ticket created on our website after purchasing a domain. Renewal notices are provided as a courtesy, and you are accountable for renewing your domain in a timely manner. Domain renewals are billed thirty (30) days before the renewal date.

Misuse or fraudulent use of payment methods, including credit cards, electronic funds transfers, or other forms of payment, is a breach of this Agreement. We reserve the right to report such misuse or fraudulent use to relevant authorities and entities.

In the event of a disputed charge, you have ninety (90) days to raise the issue, adhering to our refund policy. For inquiries about charges, please contact our billing department for assistance.

Security Standards

Allweb Tech Solutions adheres to the Payment Card Industry Security Standard (PCI Standard) when collecting and processing customer data and billing information. However, you bear the responsibility for the security of data and billing information stored on your User Website. Our monitoring does not encompass PCI compliance, and we do not verify whether your User Website complies with the PCI Standard.

CPU, Bandwidth, and Disk Usage

Utilization of our hosting space comes with certain restrictions, which are subject to this Agreement and our Acceptable Use Policy.

Shared hosting space is intended for active web files, email, and content related to User Websites. It is not to be used for general storage purposes, including offsite storage of media, emails, or other data. We reserve the right to review shared accounts for excessive CPU, disk space, or resource usage due to violations of this Agreement or our Acceptable Use Policy.

Dedicated and VPS server usage is dependent on the allocated resources specified in the purchased plan.

Shared servers do not have bandwidth limitations. However, resellers, dedicated servers, and VPS servers are subject to the terms outlined in the respective plan descriptions. Please consult your control panel for bandwidth usage details.

Uptime Guarantee

We strive to maintain the highest level of uptime for our shared servers. If your shared or reseller server experiences physical downtime that falls below our 99.9% uptime guarantee, you may qualify for a one-month credit on your account. Please be aware that planned maintenance is not covered by this guarantee.

Requests for credit should be submitted within thirty (30) days of the end of the month in question. Our uptime guarantee is applicable only to shared and reseller solutions. Dedicated servers are subject to a network guarantee, where credit is prorated based on the downtime not related to our uptime guarantee.

Reseller Terms and Client Responsibility

Resellers are responsible for ensuring their clients’ compliance with this Agreement.

Support for reseller clients is the responsibility of the reseller. Allweb Tech Solutions does not provide direct support to clients of our resellers. If a reseller’s client contacts us, we may place the reseller client account on hold until the reseller takes responsibility for their client’s concerns.

Resellers are accountable for the content stored or transmitted through their accounts and their clients’ actions. We hold resellers accountable for any actions by their clients that violate the law or this Agreement.

Allweb Tech Solutions is not liable for any actions or omissions of our resellers. Resellers indemnify us against any claims arising from their actions or omissions.

Our Reseller Program terms are subject to change. Revisions will become effective upon posting online or as otherwise communicated by Allweb Tech Solutions.

Shared Hosting and Dedicated Servers

Shared hosting accounts may not be used for reselling web hosting. If you wish to resell hosting services, please use a dedicated reseller account.

We reserve the right to reset the password for dedicated servers if the current password is outdated. This is done to facilitate security audits required by our data center. It is your responsibility to keep your dedicated server’s root password and email address updated to avoid downtime resulting from password resets.

Please be aware that dedicated servers are not backed up by us. You are responsible for maintaining backups of your data. Dedicated servers with outstanding invoices exceeding ten (10) days may be subject to deletion, resulting in data loss.

Price Adjustment Policy

Allweb Tech Solutions retains the prerogative to revise prices or any associated fees at any juncture. Notification will be dispatched to you with at least a thirty (30) day advance notice before the implementation of any price alterations pertaining to annual or extended-term plans. It is your exclusive responsibility to periodically scrutinize billing particulars furnished by Allweb Tech Solutions via the user billing mechanism or alternative communication means, including notifications transmitted or displayed by Allweb Tech Solutions.

Coupon Utilization and Discounts

Discount coupons and coupon codes are reserved exclusively for inaugural accounts or maiden customers, and their applicability may not extend to domain registration purchases, unless explicitly specified. If you have previously registered with a given domain using a specific coupon, you are precluded from enlisting under the same domain using an alternate coupon at a subsequent date. Any account found to be in breach of these regulations will be subject to evaluation by our Sales division, with relevant fees appended to the account. Any misappropriation of coupons will not be tolerated and could lead to the suspension or cessation of your account. All coupons and discounts hold validity solely for the initial acquisition and do not influence subsequent renewals or recurring costs.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Allweb Tech Solutions, ITS DIRECTORS, STAFF, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA ARISING FROM YOUR USE OF THE SERVICES, USER CONTENT, USER WEBSITES, OR OTHER MATERIALS ACCESSED THROUGH THE SERVICES. EVEN IF Allweb Tech Solutions HAS BEEN MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES. NOTWITHSTANDING ANY CONTRARY STIPULATIONS HEREIN, THE LIABILITY OF Allweb Tech Solutions TO YOU, OR ANY PARTY PURSUING ACTION THROUGH YOU, FOR ANY CAUSE, WHATEVER IT MAY BE, IS LIMITED TO THE TOTAL SUM PAID BY YOU TO Allweb Tech Solutions FOR THE SERVICES DURING THE THREE (3) MONTHS PRECEDING THE INITIAL ACTION GIVING RISE TO SAID LIABILITY. THIS LIMITATION APPLIES TO THE AGGREGATE TOTAL. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT AUGMENT THIS LIMIT.

Indemnification

You agree to indemnify, safeguard, and exonerate Allweb Tech Solutions, our associates, and their respective executives, directors, staff, and agents (each deemed an ‘Indemnified Party’ and collectively, the ‘Indemnified Parties’) from and against any and all claims, losses, liabilities, suits, damages, expenses, actions, demands, or proceedings (legal or administrative), including reasonable legal fees, proffered, lodged, or filed by a third party against any of the Indemnified Parties due to or arising from (i) your utilization of the Services, (ii) any violation or breach by you of this Agreement, or (iii) any actions or omissions attributed to you. This segment’s terms shall endure beyond the cessation of this Agreement.

Arbitration

Through your utilization of the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (‘AAA’) for the resolution of any dispute connected to, related to, or emerging from this Agreement. Arbitration shall be conducted by a solitary arbitrator designated by Allweb Tech Solutions and will be held in a venue designated by Allweb Tech Solutions in. All associated costs, such as filing, administrative, and arbitrator fees, will adhere to the regulations of the AAA, unless otherwise stipulated here. If you are able to establish that arbitration expenses surpass the costs of litigation, Allweb Tech Solutions will cover a portion of your filing, administrative, and arbitrator fees to prevent financial constraints. Arbitration under AAA will proceed solely on an individual basis, precluding arbitration of claims via class action or claims purportedly submitted on behalf of others. The Federal Arbitration Act, not any state arbitration statutes, shall oversee this arbitration. Arbitrator rulings will be binding and final, devoid of preclusive effects on non-named arbitration parties. Initiating litigation against Allweb Tech Solutions in contravention of this clause warrants payment of Allweb Tech Solutions’ reasonable legal expenses and fees to enforce this provision.

Independent Contractor

Allweb Tech Solutions and User uphold their status as independent entities under this Agreement. Nothing in this Agreement establishes Allweb Tech Solutions and User as principal-agent, partnership, or joint venture associates. Neither party has, or may represent, express or implied, the capacity to execute contracts or accords on behalf of the other party or to obligate the other party in any capacity.

Governing Law and Jurisdiction

Any conflicts or claims arising from this Agreement, its inception, or breaches thereof, including tort-based claims, shall be subject to the laws of the State of Texas, United States of America. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Exclusion of Responsibility

Allweb Tech Solutions shall not be held accountable for any detrimental impacts on your enterprise. The Services are provided ‘as is’ and without any warranties, whether explicit or implicit. Allweb Tech Solutions disclaims warranties of merchantability and fitness for specific purposes, encompassing data loss attributed to delivery lapses, disruptions, or other service disturbances.

Data Preservation and Loss Your use of the Services carries inherent risks. Allweb Tech Solutions’ weekly backup service overwrites the previous week’s backup. Solely one week’s worth of backups are retained. This courtesy service pertains exclusively to shared and reseller accounts and can be revised or terminated at Allweb Tech Solutions’ discretion. Dedicated accounts do not receive backup maintenance. Allweb Tech Solutions holds no responsibility for account-residing files and data. You bear complete responsibility for transferred files and data, including maintaining appropriate backups of files and data situated on Allweb Tech Solutions’ servers. Shared accounts surpassing 20GB of disk space will be excluded from off-site weekly backup, save for database backups. All data shall continue mirroring onto secondary drives to counteract data loss due to drive failure.

Email Limitations

A maximum of 200 outgoing emails per domain per hour is imposed. This limitation pertains to Mailman as well. Should your emails surpass this threshold in an hour, most will bounce back as undeliverable. Subsequent sending will necessitate a waiting period of at least one hour post-incident. Several servers stipulate a limit of 30 POP3/IMAP checks each hour for each user’s IP address. Exceeding this limit can result in login errors. Wait an hour for the block to lift. To forestall recurrences, disable auto-checks or elongate intervals. Lists surpassing 5,000 addresses demand dedicated server or VPS hosting from us. Dividing large lists to circumvent limits is prohibited. A limit of 20 Mailman mailing lists is applicable (excluding other mailing list software like PHPList).

Mailing List Regulations

Irrespective of the scale of your email list, it must be throttled. It is advisable to restrict your sending rate to at least one email every 18 seconds, ensuring compliance with the 200-email hourly constraint. Mailing software lacking throttling should be substituted with an appropriate application. PHPList, accessible through your CPanel’s Quickinstall, is recommended. Unscheduled and unthrottled sending of 200 emails simultaneously can overburden the server, impeding its performance. Those causing such server load will face suspension. Lists containing more than 900 addresses may only be sent during off-peak hours, delineated as all-day Saturday and Sunday, and 1AM – 8AM EST, Monday through Friday. Exclusive utilization of Double Opt-In lists is permitted. These denote users who voluntarily signed up, affirming their email address’s accuracy via confirmation. Transmissions to acquired or bought lists are forbidden, which constitutes spamming and can result in account termination. Email scripts must adequately document double opt-in details. These scripts should record sign-up IP addresses and timestamps, double opt-in verification details, opt-outs, and bounced email processing. Shared packages must limit outbound mail to a maximum of 500 emails per hour. Script non-compliance grants Allweb Tech Solutions the authority to suspend, terminate, or deactivate your account. Unsolicited email dispatch is subject to suspension or termination, reflecting our anti-spam stance. All mailing lists must adhere to US government guidelines, detailed at: https://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. Direct SMTP mailers are prohibited. Mail should be relayed via the local mail server/MTA for further transmission. THE SERVICES FURNISHED HEREIN ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’. Apart from stipulations in this section, Allweb Tech Solutions, our affiliates, personnel, agents, suppliers, and licensors renounce any warranties, including but not limited to implied merchantability, fitness, and non-infringement. Any provided data transfer is free of liability for its content.

Complete Agreement This Agreement, along with referenced privacy and refund policies, supersedes previous dialogues, negotiations, and accords between parties related to the subject matter. This Agreement comprises the entire agreement between the parties regarding the addressed topics.

Section Titles Section headings are for ease of reference and do not constitute a part of this Agreement.

Modifications to Agreement or Services

Allweb Tech Solutions retains the prerogative to alter, append, or delete components of this Agreement. Noteworthy alterations will be declared on the Allweb Tech Solutions website for at least thirty (30) days following the amendments. The last revision date shall be indicated at the Agreement’s conclusion. Usage of the Services post amendment date signifies your acceptance of the revised Agreement.

Alterations to Services Allweb Tech Solutions reserves the liberty to alter, terminate, or suspend any facet of the Services.

Severability

If any provision or portion of this Agreement is deemed unlawful, invalid, or unenforceable by a competent court, the remaining provisions shall remain effective.

Waiver

Neither party’s delay or failure to enforce any right or remedy herein constitutes a waiver. Partial use of any right or remedy does not preclude further exercise. Express waiver of any breach by any party shall not invalidate future compliance with the same or different terms.

Assignment

You may not transfer this Agreement without Allweb Tech Solutions’ written consent. Attempted assignment in violation is null. Allweb Tech Solutions may assign rights and responsibilities hereunder without User consent. This Agreement extends to successors and permitted assigns.

Force Majeure

Either party is excused from performance defaults arising from forces beyond reasonable control, including fire, flood, labor disputes, war, or supply disruptions.

Third-Party Beneficiaries

This Agreement exclusively benefits the parties herein and their successors. Certain third-party product/service providers may qualify as beneficiaries to specific provisions. They can enforce terms directly.

Price Adjustment and Modification Policy

Allweb Tech Solutions retains the inherent right and authority to revise prices or modify any associated charges at any given point in time. This prerogative allows us the flexibility to adapt to changing market dynamics and operational needs. We want to emphasize that while we have the capacity to adjust pricing, such changes will always be made with careful consideration and strategic planning. It is important to note that the foundation of our approach is built upon transparency and customer-centricity.

In our commitment to maintaining transparency and ensuring that you are well-informed, we will diligently provide you with ample notice before implementing any changes to prices or charges. This notice period, which is set at a minimum of thirty (30) days, is designed to give you sufficient time to evaluate and understand the adjustments and plan accordingly. We understand that financial planning is crucial for our customers, especially when it comes to annual or extended-term plans, and we want to support you in making informed decisions.

To facilitate your review of billing information, we offer multiple avenues of communication. Our user billing tool provides a convenient platform for you to access and assess your billing details. Additionally, we make use of various communication methods, including notifications and postings, to ensure that you have the necessary information at your disposal. This underscores our commitment to keeping you well-informed and engaged in the billing process.

Coupon Usage and Discount Policies

Our approach to offering coupons and discounts is rooted in providing incentives and value to our customers. We want to ensure that your experience with Allweb Tech Solutions is not only efficient but also cost-effective. Therefore, we have crafted a policy that focuses on providing benefits to first-time accounts or customers. These special offers are intended to welcome new users into our ecosystem and introduce them to the diverse range of services we provide.

It’s worth noting that these coupons and discounts come with certain terms and conditions to ensure fairness and prevent abuse. While we encourage customers to take advantage of these offers, it’s important to adhere to the specified guidelines. For instance, these discounts may not be applicable to domain registration unless explicitly stated otherwise. We believe in transparency, and our intention is to clearly communicate the scope and limitations of these offers to avoid any misunderstandings.

In order to maintain a fair and equitable system, we have put measures in place to prevent misuse of coupons. If a customer attempts to utilize coupons beyond the designated parameters or in violation of the terms, our Sales department will conduct a thorough review. This process ensures that customers who genuinely qualify for these benefits are able to enjoy them without disruption.

It’s important to emphasize that we have a zero-tolerance policy towards coupon abuse. Any instance of misuse can result in consequences such as suspension or termination of the customer’s account. This is in line with our commitment to fostering a fair and respectful environment for all users, while also protecting the integrity of our pricing and discount structures.

We believe that the utilization of coupons and discounts should enhance your experience and provide value. Therefore, our policy is designed to balance customer benefits with responsible usage, ensuring that our services remain accessible and sustainable for everyone.

Limitation of Liability and Accountability

As part of our commitment to providing reliable and high-quality services, we recognize the importance of clearly outlining the scope of our responsibilities and the limitations thereof. While we strive to offer seamless and impeccable services, we also acknowledge that unforeseen circumstances or events beyond our control can impact the user experience.

In accordance with this recognition, we emphasize that Allweb Tech Solutions, its directors, employees, and agents, shall not be held liable for any indirect, consequential, exemplary, incidental, special, or punitive damages. This includes but is not limited to damages such as lost profits or data arising from your use of the services, user content, user websites, or other materials accessed through our services. Our goal is to provide clarity and transparency regarding our stance on liabilities, thereby fostering a clear understanding of the boundaries of accountability.

It’s important to note that while we exercise diligence in maintaining the quality and reliability of our services, there are circumstances beyond our control that can impact the user experience. For instance, service interruptions due to external factors such as network issues, hardware failures, or unforeseen events can occasionally occur. While we make every effort to minimize such instances and swiftly address any issues that arise, it’s crucial to acknowledge that no service can guarantee uninterrupted or error-free performance at all times.

To provide a tangible measure of our commitment, we have implemented a monetary cap on our liability. In the event that any cause leads to liability, the maximum amount you are entitled to seek recourse for is limited to the total sum paid by you to Allweb Tech Solutions for the services rendered in the three (3) months prior to the initial action that gave rise to the liability. This cap, referred to as an “aggregate limit,” is established to ensure fairness and clarity in any potential dispute resolution processes.

Ultimately, our approach to liability is rooted in a balanced understanding of the limitations of technology, coupled with a commitment to providing quality services and support to our valued customers.

Indemnification and Shared Responsibility

In fostering a cooperative and mutually beneficial relationship with our customers, we want to emphasize the importance of shared responsibility. While Allweb Tech Solutions is committed to delivering exceptional services, it’s crucial for customers to understand their role in maintaining the integrity of the ecosystem.

To this end, we have established an indemnification policy that underscores the shared responsibility between Allweb Tech Solutions and our customers. You, as a valued user, agree to indemnify, defend, and hold harmless Allweb Tech Solutions, our affiliates, and their respective officers, directors, employees, and agents (referred to as ‘Indemnified Parties’) from any and all claims, damages, losses, liabilities, suits, actions, demands, and proceedings brought forth by third parties.

This shared responsibility encompasses various scenarios, including your use of the services we provide, any breach or violation of the terms outlined in this Agreement, and any actions or omissions attributed to you. By acknowledging and accepting this shared responsibility, you contribute to maintaining a secure and trustworthy environment for all stakeholders.

It’s worth highlighting that the terms of this indemnification policy continue to apply even after the termination of this Agreement. This reflects our commitment to upholding accountability and ensuring that the responsibilities assumed during the course of our engagement remain valid beyond its conclusion.

Arbitration and Conflict Resolution

In the spirit of providing a structured and fair mechanism for resolving disputes, we have established an arbitration clause as part of this Agreement. This clause outlines the process by which conflicts and disagreements can be resolved in a manner that is impartial, efficient, and objective.

By engaging with our services, you are voluntarily submitting to the exclusive jurisdiction of the American Arbitration Association (AAA) in the context of any dispute arising from or related to this Agreement. This chosen arbitration body reflects our dedication to utilizing established and reputable institutions to ensure fairness in conflict resolution.

The arbitration process is designed to be conducted by a single arbitrator chosen by Allweb Tech Solutions. This approach guarantees an unbiased and neutral decision-making process. The arbitration proceedings will be held in a location determined by Allweb Tech Solutions within. It’s important to note that the costs associated with arbitration, including filing, administrative, and arbitrator fees, will be governed by the rules set forth by the AAA, unless specifically stated otherwise in this Agreement.

We understand that financial considerations can impact access to arbitration. Therefore, if you can demonstrate that arbitration costs are prohibitively high compared to the costs of litigation, Allweb Tech Solutions commits to covering a portion of these expenses. This reflects our commitment to ensuring that the arbitration process remains accessible and equitable for all parties involved.

To maintain fairness and individuality in the arbitration process, it is important to note that claims will be arbitrated solely on an individual basis. Claims cannot be consolidated or arbitrated on a class action basis or in any representative capacity. This approach aligns with the principles of fairness and avoids conflating individual grievances with broader issues.

The Federal Arbitration Act governs all arbitration proceedings under this clause, supplanting any state arbitration laws. The arbitrator’s decisions are binding and final, reflecting a commitment to definitive and conclusive conflict resolution. The scope of the arbitrator’s authority is restricted to claims involving you and Allweb Tech Solutions alone. Claims involving other parties are not included in this arbitration process.

Furthermore, it is important to understand that initiating litigation or any other legal action against Allweb Tech Solutions in contravention of this arbitration clause may lead to financial responsibility for Allweb Tech Solutions ‘s costs and attorney fees incurred during the process. This stipulation serves as a safeguard against any attempts to circumvent the agreed-upon arbitration process.

Independent Contractor Relationship

The relationship between Allweb Tech Solutions and you, the user, is explicitly defined as that of independent contractors. This stipulation underscores the nature of our engagement, emphasizing the absence of a principal-agent, partnership, or joint venture affiliation between the parties.

This delineation is crucial in outlining the scope of authority and responsibilities of each party. Neither party is authorized to execute contracts or enter into agreements on behalf of the other. The ability to obligate or bind the other party in any manner is not implied or conferred by this Agreement. This stipulation ensures clarity and transparency in the roles assumed by both Allweb Tech Solutions and the user.

Governing Law and Jurisdiction

Clarity in legal jurisdiction and applicability is of paramount importance when establishing contractual relationships. In this regard, we want to clarify the legal parameters governing this Agreement. Any controversy, claim, or legal dispute arising from or related to this Agreement, its formation, or alleged breaches, including claims based on alleged torts, shall be subject to the substantive laws of  and the United States of America, specifically the State of Texas.

It’s important to note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This stipulation provides a clear framework for understanding the legal context within which this Agreement operates. 

Disclaimer of Liability and Business Impact

While we endeavor to provide services that are reliable and of high quality, it’s essential to acknowledge the inherent limitations of technology and unforeseen circumstances. Allweb Tech Solutions shall not be held liable for any damages or disruptions your business may incur. We acknowledge that businesses rely on our services to varying degrees, and we value the trust you place in us. However, it’s important to recognize that external factors, including network issues, hardware failures, or unanticipated events, can impact the performance of our services.

This recognition forms the basis for our disclaimer of liability. Allweb Tech Solutions disclaims any warranties, whether express or implied, for the Services. This includes but is not limited to warranties of merchantability or fitness for a specific purpose. We do not assume responsibility for losses of data resulting from delays, delivery failures, incorrect deliveries, or service interruptions caused by Allweb Tech Solutions or our employees.

The principle of accountability is paramount to us, and we want to assure you that we strive to maintain the highest standards of service quality. However, it’s important to emphasize that technology, while powerful, is not immune to challenges. As such, we encourage users to adopt robust backup strategies and maintain backups of their files and data. This proactive approach helps safeguard against data loss in the event of unforeseen circumstances.

Backup Procedures and Data Preservation

The importance of safeguarding your data cannot be overstated. We want to ensure that you are fully informed about our backup procedures and data preservation practices. Our backup service operates on a weekly basis, overwriting previous backups. This policy ensures that the most recent data is prioritized while keeping a historical perspective on file versions.

It’s important to note that our courtesy backup service is available exclusively to shared and reseller accounts. This service is subject to modification or termination at our sole discretion. We understand that data security and preservation are critical, and our backup practices are designed to complement your data management strategies.

For dedicated accounts, it’s important to be aware that we do not maintain backups. This recognition underscores the significance of self-reliance in maintaining data backups for dedicated accounts. We encourage users to adopt proactive backup practices to ensure the safety and accessibility of their valuable data.

To promote responsible usage of resources, we have implemented a policy regarding off-site backups for shared accounts exceeding 20GB of disk space. In these cases, all data except for databases will be excluded from our off-site weekly backup process. This ensures efficient resource allocation while prioritizing the protection of databases against data loss in the event of hardware failures.

We believe that proactive data management is a collaborative effort between Allweb Tech Solutions and our users. By adhering to responsible backup practices and understanding the nuances of our backup procedures, you can take an active role in preserving the integrity and accessibility of your data.

Email Transmission Limits and Communication Policies

Efficient email communication is integral to our services, and we want to ensure that our users understand the policies governing email transmission and communication. Our policies are designed to strike a balance between accessibility and system stability.

For outgoing emails, there is a limit of 200 emails per domain per hour. This limit is also applicable to the Mailman mailing list management system. If this limit is exceeded, emails may bounce back as undeliverable, leading to a temporary suspension of email transmission. To restore normal email transmission, we recommend waiting for at least one hour after encountering this issue.

In addition, many of our servers have a limit of 30 POP3/IMAP checks per hour per user’s IP address. Exceeding this limit may result in error messages related to login credentials. To mitigate this, we suggest waiting for an hour to allow automatic unblocking.

Effective email management is crucial for maintaining system stability and ensuring smooth communication. Therefore, any mailing list exceeding 5,000 addresses necessitates a dedicated server or VPS hosting solution. This policy is designed to optimize system resources and prevent potential disruptions.

It’s important to underscore that our policies are crafted with fairness and user experience in mind. Dividing large lists to circumvent limitations is not allowed, as this undermines the intention of the policy and can lead to unintended disruptions.

For other mailing list programs like PHPList, the aforementioned limitations do not apply. This distinction ensures that different mailing list platforms are treated appropriately based on their unique characteristics and resource requirements.

Compliance with Email Regulations and Opt-In Practices

In accordance with email regulations and industry best practices, we have instituted guidelines for sending emails to ensure compliance and ethical usage. These guidelines are integral to maintaining the integrity of our email services and protecting both users and recipients.

When sending emails, regardless of the list’s size, it’s imperative to adhere to a throttling practice. Throttling involves pacing the rate of email transmission to prevent overwhelming the server and ensure consistent, reliable delivery. Our recommendation is to throttle email transmission to at least one email every 18 seconds. By following this pacing, you can ensure optimal delivery rates while avoiding undue strain on the server.

It’s important to note that exceeding the throttle limits can lead to server strain and performance issues. In the event of attempting to send a large number of emails rapidly, the server load can spike, impacting the experience of other users. This principle is rooted in our commitment to providing a consistent and reliable service for all users.

Moreover, we emphasize the importance of a double opt-in process for mailing lists. This practice requires users to explicitly request and confirm their subscription to receive emails. By confirming their subscription through a notification or confirmation email, recipients ensure that their email addresses are used with their consent. This approach eliminates the risk of unauthorized email usage and respects the privacy and preferences of recipients.

To maintain the highest standards of ethical email practices, it’s crucial to refrain from mailing lists obtained from external sources or purchases. Using such lists can be deemed as spamming and may lead to the termination of the offending account. Our commitment to ethical communication practices aligns with industry standards and regulatory guidelines, ensuring a responsible and respectful approach to email communication.

Mail Script Requirements and Opt-Out

Handling The use of email scripts for communication is a common practice, and we want to ensure that these scripts adhere to responsible and ethical practices. Our policies are designed to promote accountability and respect for recipients’ preferences.

Email scripts must possess the capability to document critical information related to double opt-in lists. This includes recording the IP address and date/time of sign-up, as well as the IP address and date/time of double opt-in verification. These features contribute to transparent record-keeping and adherence to industry best practices.

Handling opt-outs and bounce-backs is a fundamental aspect of responsible email communication. Email scripts must include mechanisms to promptly process opt-out requests, whether through web interfaces or email communication. This ensures that recipients who choose to unsubscribe from the mailing list are promptly and effectively removed.

To maintain system stability and fair usage, outbound mail sent via shared packages must be throttled to a maximum of five hundred (500) emails per hour. This policy strikes a balance between efficient communication and server resource management.

Our policies are centered around responsible email practices and compliance with regulatory guidelines. By adhering to these guidelines, you contribute to a respectful and efficient email communication ecosystem.

 

 

Comprehensive Approach to Service Quality

Our commitment to providing reliable and effective services is embedded in every facet of our operations. We recognize that technological solutions, while powerful, are not immune to limitations. As such, our overarching approach is to deliver services on an “as is” and “as available” basis.

While we make every effort to ensure the uninterrupted and secure operation of our services, we acknowledge that factors beyond our control can impact service performance. These factors can include unforeseen technical issues, external disruptions, and network challenges.

In adherence to industry best practices, we maintain a commitment to transparency and user-centered service delivery. This includes acknowledging that the results derived from the use of our services may vary. We do not make guarantees regarding uninterrupted service or specific outcomes, as these can be influenced by a multitude of variables.

Our disclaimer underscores our dedication to integrity and transparency. We believe that by providing clear information about our service approach, we empower users to make informed decisions and manage their expectations effectively.

Complete Agreement and Documentation

To ensure clarity and mutual understanding, we have compiled this comprehensive Agreement to cover all relevant aspects of our engagement. This Agreement supersedes any previous discussions, negotiations, or agreements between the parties. By consolidating the terms and conditions within this document, we aim to provide a comprehensive and transparent overview of our commitment to you.

Inclusion of References and Headings To enhance clarity and navigation, we have included references and headings throughout this Agreement. These elements are intended to streamline comprehension and aid users in locating specific information within the document.

Changes to the Agreement and Services

Our approach to maintaining the Agreement is rooted in adaptability and responsiveness. We retain the right to modify, supplement, or revoke portions of this Agreement as required. In instances of significant changes, we commit to providing notice on our website for a minimum of thirty (30) days after the updates are published. The effective date of any revisions is the date of posting, unless otherwise specified.

Additionally, it’s important to recognize that the dynamic nature of technology and business necessitates the ability to modify, alter, or discontinue aspects of our services. This flexibility enables us to continually evolve and meet the needs of our users in a rapidly changing landscape.

Preserving Clauses and Severability

To ensure the integrity of the Agreement, we have included a clause on severability. If any provision or portion of a provision in this Agreement is deemed illegal, invalid, or unenforceable by a court, the remaining provisions will remain in effect. This stipulation maintains the overall coherence and validity of the Agreement, even if certain portions are deemed unenforceable.

Waiver of Rights and Flexibility

Both parties retain their rights under this Agreement, and no failure or delay in exercising those rights should be construed as a waiver. The waiver clause acknowledges that no single instance of non-enforcement should prejudice the rights of either party in the future. This clause upholds the principle of equity and acknowledges the fluid nature of enforcement and legal proceedings.

Assignment of Agreement and Continuity

The concept of assignment has been addressed in this Agreement to highlight the significance of mutual consent. You cannot assign or transfer this Agreement or its obligations without prior written consent from Allweb Tech Solutions. This principle ensures that responsibilities and obligations are not transferred without careful consideration and consent.

At the same time, we acknowledge that our business operations may require the engagement of subcontractors or agents. This approach allows us to fulfill our duties and exercise our rights as outlined in this Agreement. It’s important to emphasize that the obligations and commitments within this Agreement remain binding for both parties, regardless of the assignment of roles or responsibilities.

Force Majeure and External Circumstances

The concept of force majeure is an integral aspect of this Agreement. We recognize that circumstances beyond our control, such as natural disasters, labor disputes, or acts of war, can impact the performance of our services. This clause ensures that neither party is held liable for defaults or delays caused by such extraordinary events.

Third-Party Beneficiaries and Relationships

The importance of clarifying the status of third-party beneficiaries is highlighted in this Agreement. Except as explicitly stated, this Agreement is intended to confer rights exclusively to the contracting parties. However, in specific cases where third-party products or services are involved, these third parties are recognized as intended beneficiaries for the purposes of enforcing the terms pertaining to their products or services.

Incorporating Disclaimers and Finality

The Agreement concludes with disclaimers that emphasize our approach to service provision. These disclaimers underscore our commitment to providing services with integrity and transparency. We acknowledge that while we strive to offer reliable and exceptional services, the inherent nature of technology and external factors introduces limitations.

The disclaimers are accompanied by a commitment to maintain the highest standards of service quality. This commitment includes data preservation, email communication, and conflict resolution policies. These policies are designed to foster responsible usage, ethical communication, and equitable conflict resolution.

Through the comprehensive approach presented in this Agreement, we seek to establish a clear and productive relationship with our users. By adhering to the terms outlined here, we strive to create an environment of mutual respect, transparency, and trust.

Continued Commitment to Quality

At Allweb Tech Solutions, our dedication to delivering quality services remains unwavering. We understand that technology is dynamic and challenges can arise. However, our commitment to integrity, transparency, and user-centric service is the cornerstone of our operations. By embracing these principles, we aim to foster an environment of collaboration and success for all stakeholders.

This expanded version of the document provides further clarity and detail on the various policies and clauses that make up the agreement. It ensures that users have a comprehensive understanding of their rights, responsibilities, and the operational principles that guide their engagement with Allweb Tech Solutions.