Terms of Service
1. Disclaimer
All services provided by F.D.W. Hosting 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 F.D.W. Hosting from any claims resulting from the use of service which damages the subscriber or any other party.
F.D.W. Hosting will not be responsible for any damages your business may suffer. F.D.W. Hosting makes no warranties of any kind, expressed or implied for service we provide. F.D.W. Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by F.D.W. Hosting and its employees. F.D.W. Hosting reserves the right to change its policies at any time without prior notification.
2. Uptime
F.D.W. Hosting will make access available to you on a best-effort basis. Service outages can occur over which we have no control. In the event that an outage lasts more than 24 hours, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge. Although our average system uptime is outstanding, we cannot and will not make any guarantee of any kind regarding the stability or uptime of this service.
3. Payment Policy
Your account will not be activated until we receive your first months payment. Users, will receive invoices that are sent via email approximately one week before they are due. Invoices are to be paid on or by the date on the invoice. Failure to comply will result in your account being suspended after 7 days and terminated on the 30th day. If you then wish to re-signup for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices. We reserve the right to deny any order. Credit card order: All Credit Card Orders are processed through our PayPal gateway (you do not have to have a PayPal account)or through the Google Checkout system. We do not store any credit card information on our system. If you wish automatic subscription payments then you must have a PayPal account.
4. Abuse
Prohibited are sites that promote any illegal activity or present content that may be damaging to F.D.W. Hosting' servers, or any other server on the Internet. Links to such materials are also prohibited.
Any attempt to undermine or cause harm to a server or customer of F.D.W. Hosting 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. Server abuse includes but is not limited to the following:
A. CPU/Resource intensive Programs
B. Denial of Service Attacks
C. Hacking/cracking of any kind (This includes exploits)
D. Account trading
E. Spamming
G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.
H: No IRC, IRC bots, gameservers, or IRC shells allowed..
I: Proxy scripts, anonymizers, warez, image/filedump, mirror, or ad services.
J: Sale of controlled substance or online pharmacies.
K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.
L: Brute force programs, IP scanners, mail bombers, and spam scripts.
F.D.W. Hosting will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.
5. Early Termination/Cancellation
You may cancel your account at any time through your members control panel. Prorated refunds are issued to all accounts not terminated by F.D.W. Hosting Co.
We will endeavor to make sure that subscriptions are canceled at our end but ultimately it is your responsibility to cancel with your payment processor.
Our money back guarantee only includes hosting accounts. Our money back guarantee excludes Dedicated IP's, and domain registration
6. Username/Domain Changes
The changing of your username requires that we delete your existing account and re-add a new account, just as if you had signed up all over again. Due to the effort required for this process, a $2.00 setup fee applies to any and all username changes. If you would like to change domain names, a $5.00 setup fee applies to any and all domain name changes.
7. Adult Content
Adult-oriented sites, pornography and sex related content are not allowed on our web hosting accounts.
8. Content
F.D.W. Hosting agrees with freedom of speech. However F.D.W. Hosting does not allow websites with the following content: Racism of any kind including but not limited to color, religion, creed, or any other beliefs. Other content that is prohibited are threats, hate websites, terrorist websites, violent websites, and malicious content. Accounts may not be used as a backup/storage device.
9. Domain Registration/Renewal
If a domain is registered through F.D.W. Hosting the client is responsible for renewing the domain. Domain prices are subject to change.
In order for F.D.W. Hosting to host your domain you must change your domain name servers (DNS) to our DNS. This must be done at your domain registrar. This is not considered a renewal or transfer of your domain. In order for this process to be performed you must contact your domain registrar.
10. Server Backups
F.D.W. does daily backups but for liability reason we cannot guarantee that your material will be backed up. Therefore please backup your accounts off of our servers. We are not responsible for lost material.
11. Mail/Spam Policy
F.D.W. Hosting has a zero tolerance spam policy. We do not allow unsolicited e-mail, bulk emailing, and spam. Any user found doing such activity will have their account terminated. Websites that are advertised via spam may not be hosted on our servers.
The number of messages allowed to be sent per hour per domain is 350 messages.
Subscribing email addresses to any mailing list without express permission of the email address owner is prohibited. All mailing lists run on our servers must be Closed-loop (Confirmed Opt-in).
User may be charged fees for sending spam.
12. Server Resource
Any websites that uses a high amount of system resources such as but not limited to CPU time, memory usage, and network resources will be notified in email of such activity to reduce their account to an acceptable level. The customer must then reduce their account to an acceptable level. F.D.W. Hosting shall be the sole arbiter of what is considered to be high server usage.
13. Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
14. Legal
F.D.W. Hosting expects that its customers will abide by all of our rules and all applicable laws. A subscriber's failure to comply with those laws will violate F.D.W. Hosting policy. Finally, F.D.W. Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify F.D.W. Hosting for any violation of the service agreement, law, or F.D.W. Hosting policy, that results in loss to F.D.W. Hosting or the bringing of any claim against F.D.W. Hosting by any third-party. This means that if F.D.W. Hosting is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against F.D.W. Hosting, plus costs and reasonable attorneys' fees.
15. Services Changes
F.D.W. Hosting reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning.
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