Terms of Service
Terms of Services
Revision date: 6/29/10
All services provided by FWHost may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless FWHost from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to FWHost’s servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, FWHost WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of FWHost is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Free Website Hosting Now must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
FWHost’s basic plan is free and the client will not be billed for these services, however, certain addon services are subject to additonal fees and will be billed as described on the product pages. Failure to pay in a timley fashion for these addon services may cause those services to be removed from the user’s account.
Service Fees
Certain services carry a setup fee charged by FWHost to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed toFWHost and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeited.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation. Free plans will not be charged this fee.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion at any time for any reason. Any fees paid for paid plans may or may not be refunded.
Limitation of Liability
FWHostshall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from FWHost’s’ servers going off-line or being unavailable for any reason whatsoever. Furthermore, FWHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of FWHost’s servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to support@fwhost.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
FWHost cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by FWHost are resold. Thus, certain equipment, routing, software and programming used by FWHost are not directly owned or written by FWHost. Moreover, FWHost holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as FWHost sees fit.
Account Activation
By activating your account with FWHost, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although FWHost has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
FWHost reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Accuracy of Information
If the customer provides incorrect information such as name, address or e-mail address, the account will be terminated.
Acceptable Use Policy
Revision date: 6/29/10
As a provider of web site hosting and other Internet-related services, FWHost offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. FWHost respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, FWHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, FWHost has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using FWHost’s services. This AUP will be revised from time to time.
When subscribers disseminate information from the Internet, they must keep in mind that FWHost does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over FWHost’s network and may reach a large number of people, including both subscribers and non-subscribers ofFWHost, subscribers’ postings to the Internet may affect other subscribers and may affect FWHost’s goodwill, business, reputation or operations. For these reasons, subscribers violate FWHost’s policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. Also, maintaining an open SMTP relay is prohibited. When a complaint is received,FWHost will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore FWHost reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Free Website Hosting Now choose to pursue and prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Free Website Hosting Now does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Adult-Oriented Content:
Free Website Hosting Now does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
Free Website Hosting Now is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@fwhost.info.
Obscene Speech or Materials:
Using FWHost’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. FWHost is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using FWHost’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is prohibited.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is strictly prohibited.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups:
FWHost reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that FWHost determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. FWHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with FWHost’s policy or applicable law. However, when FWHost becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by FWHost.
FWHost will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. FWHostw may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, FWHost may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. FWHost assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, FWHost may disclose subscriber information or information transmitted over its network where necessary to protect FWHost and others from harm, or where such disclosure is necessary to the proper operation of the system. However, FWHost will never sell information to other services or outside companies.
FWHost expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate FWHost policy. Finally, FWHost wishes to emphasize that, in signing the Service Agreement, subscribers indemnify FWHost for any violation of the Service Agreement, law or FWHost policy resulting in loss to FWHost or the bringing of any claim against FWHost by any third party. This means that, if FWHost is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against FWHost, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including FWHost and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse@fwhost.info
Creating and maintaining an account on FWHost now signifies your continued acceptance of our Terms of Service, Privacy Policy and Acceptable Use Policy. If at any time you disagree with any of our provisions, you must cancel your account immedietly.
