Atlas Web Industries LLC Terms of Service (“Agreement”):

Please read these Terms of Service carefully before using Atlas Web Industries LLC (“AWI”, “we”, “us”, or “our”) site (“http://ams.gg”, “http://cms.gg”) and services. These Terms of Service (“TOS”) are a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and AWI. By corresponding with us, browsing our web sites, or using our Services, you agree to abide by these TOS and policies. These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications.

The most recent version of these TOS can always be found here.

This Agreement was last modified on December 5, 2019.

 

  • Payment and Renewal.

    • General Terms.
      By selecting a product or service, you agree to pay AWI the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
    • AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”).  If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by cancelling the subscription through the my account page or by submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our support system found at ams.gg/submit-ticket

  • Termination

    • We reserve the right to immediately suspend or cancel the Services without notice: (a) for violating our TOS, including any of our Policies; (b) for  failure to pay any amounts due after 14 calendar days of the payment due date, (c) to protect the integrity of our network or the security of the Services, or (d) for any abuse of our staff in any medium or format. You are not entitled to notice or protest should your account be terminated. Upon termination, your account will be closed, data and backup data deleted, and all fees and charges due and payable must be paid to us. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.

  • Cancellations and Refunds

    • New Customers. For new customers we offer a 30-Day Money Back Refund if you cancel and submit a support ticket in writing requesting a refund within the first 30 calendar days of service.
    • Existing Customers. After 30 calendar days, you will fall under existing/continuing customers.
      Existing/continuing customers can cancel their subscription at any time. Within 7 calendar days of the cancellation date, a prorated refund for the remaining days of the subscription can be requested by submitting a support ticket in writing requesting a prorated refund. Requests for prorated refunds submitted after 7 calendar days of the cancellation date will be denied unless agreed upon by AWI.

  • Services

    • We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your products and services.
    • Fees; Payment. By signing up for a Services account you agree to pay AWI the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. AWI reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to AWI.
    • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by AWI to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free ams.gg services. All support will be provided in accordance with AWI standard services practices, procedures and policies.

  • Backup and Data Loss

    • Your use of this service is at your own risk. Our backup service is provided to you as a courtesy. AWI is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AWI servers. Backups will not be provided for accounts that have been suspended, terminated, nor cancelled for any reason unless otherwise agreed to in writing by AWI.

  • Links to Other Sites

    • Our Site may contain links to third-party sites that are not owned or controlled by us. AWI, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

  • Limitation of Liability

    • In no event will AWI, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to AWI under this agreement during the one (1) month period prior to the cause of action. AWI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
    • You agree to indemnify and hold harmless AWI, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
    • AWI will not be held responsible for any: (a) problems or service outages caused due to reboots during standard maintenance periods, or (b) Scheduled Downtime

  • Disclaimer of Warranties

    • The Website and Services are provided “as is”. AWI and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AWI nor its suppliers and licensors, makes any warranty that the Website or Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  • Miscellaneous

    • This Agreement constitutes the entire agreement between AWI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AWI, or by the posting by AWI of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lackawanna County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lackawanna County, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AWI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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