Terms of Service
You must agree to and follow the Terms of Service Agreement
1. DisclaimerAll services provided by F.D.W. Hosting Co. ("F.D.W. Hosting Co.") 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 Co.from any claims resulting from the use of service which damages the subscriber or any other party. F.D.W. Hosting Co. will not be responsible for any damages your business may suffer. F.D.W. Hosting Co. makes no warranties of any kind, expressed or implied for service we provide. F.D.W. Hosting Co. 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 Co.and its employees. F.D.W. Hosting Co. reserves the right to change its policies at any time without prior notification.
2. UptimeF.D.W. Hosting Co. endeavors to have network uptime 99.9% of the time. In the event that your website is not up 99.9% of the times, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge.
3. Payment PolicyYour 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 terminated. If you then wish to re-register 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. Payments are considered late after 1 day following the due date. If the account is not paid before 7 days after the due date F.D.W. Hosting Co. will suspend the customer's service and terminate the service with 25 days. Once the customer's service is terminated any data on the server will not be recoverable. F.D.W. Hosting Co.is not liable for any lost data due to non-payment.
Reseller Payment Policy,
the resellers invoice is due every month on the date of registration. They are considered late after 1 day. If the account is not paid within
24 hours the account may be suspended. This includes the end-user's accounts. If the payment is not received within 3 days of due date the resellers account and end-user's accounts will be terminated. If after 48 hours of suspension there is no communication from the reseller, and the end-user wishes to continue service, the end-user's account will be turned over to the end-user and billing will be between F.D.W. Hosting Co.and the end-user. Late Fee Payments are due every month on the date of registration. They are considered late after 1 day following the due date. If the account is not paid 2 days following the due date a late fee of 15% will be added to the invoice. This fee must be paid prior to activation of the late account.
4. AbuseProhibited are sites that promote any illegal activity or present content that may be damaging to F.D.W. Hosting Co.' 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 Co.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
F: 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.
G: We do not allow the hosting of any Pharmeceutical accounts.
H: We do not allow IRC on our shared servers. We also allow gameservers on our VPS accounts however they must follow our server resource policy.
I: Warez, image/file dump, 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.
M: Personal Proxies are not allowed.
F.D.W. Hosting Co.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/CancellationF.D.W. Hosting Co.reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service at any time, prorated refund if over $1.50. F.D.W. Hosting Co.only offers refunds on web hosting. Our refund policy is 14 days on monthly accounts and 30 days on all others except domain registration or ssl certificates. If you are unhappy for any reason with F.D.W. Hosting Co.you may cancel your account within 14 days on monthly accounts and 30 days on all others. It only applies to accounts that cancelled by customer not by F.D.W. Hosting Co. If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You may cancel by sending a support ticket or by using the cancellation form within your client area. If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of F.D.W. Hosting Co. staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, (if you have a PayPal subscription associated wit your account, it is your responsibility to make sure that you have canceled it) we are to be held free of liability for any overdraft fees that are issued by your financial institution. Our money back guarantee only includes shared and reseller hosting accounts. Our money back guarantee excludes SSL Certificates and domain registration. Licenses and add-ons are non-refundable.
F.D.W. Hosting Co. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site. We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password.
Information Automatically Logged: We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms: Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, no third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC
7. Username/Domain ChangesThe 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.
8. Adult ContentAdult-oriented sites, are allowed only on our web hosting. A notification must be clearly posted on site that this is an ADULT ORIENTED SITE AND NOT SUITED FOR CHILDREN. Child pornography and sites depicting domination or other cruelty are strictly prohibited.
9. ContentF.D.W. Hosting Co.agrees with freedom of speech. However F.D.W. Hosting Co.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. Shared and Reseller accounts may not be used as a backup/storage device.
10. Domain Registration/RenewalIf a domain is registered through F.D.W. Hosting Co. the client is responsible for renewing the domain. Domain prices are subject to change. In order for F.D.W. Hosting Co.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.
11. Server BackupsMost of our servers have backup equipment. For liability reason we cannot guarantee that your material will be backed up. Therefor please backup your accounts off of our servers. We are not responsible for lost material. If you require your accounts to be backed up we can do so.
12. Mail/Spam PolicyF.D.W. Hosting Co.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 a fee for blacklist removal of $250.00 or more.
13. Server ResourceAny 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 Co.shall be the sole arbiter of what is considered to be high server usage.
14. WHMCSWe offer WHMCS billing software free to our customer of reseller hosting account only. This offer is only valid while the customer's account is active and valid. If the customers account is canceled, suspended, or terminated their WHMCS Billing Software license will be revoked.
15. IP PolicyF.D.W. Hosting Co.offers additional IPv4 addresses at a nominal cost to our clients. Due to the rapid exhaustion and shortage of IP addresses. If you require more IPs with proper ARIN justification, you may purchase an additional VPS. All IP address usage must be in compliance with ARIN justification rules.
16. Support PolicyF.D.W. Hosting Co. offers support services. We will provide our best effort to accommodate your request within reason. We do not support third party software installation. Support is limited to hardware and network issues.
17. Migration PolicyF.D.W. Hosting Co. offers migration assistance for our shared clients. In order for us to migrate your websites over you must be coming from a cPanal and your new server must have cPanel as well. For 1-10 domains the migration is free. For 10-15 domains the price is $4.95 to migrate, 15-25 domains the price is $9.95. Above 25 domains please contact sales for a quote.
18. Refusal of ServiceWe reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites of F.D.W. Hosting Co. must adhere to the above policies.
19. LegalF.D.W. Hosting Co. 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 Co. policy. Finally, F.D.W. Hosting Co. wishes to emphasize that in signing the service agreement, subscribers indemnify F.D.W. Hosting Co. for any violation of the service agreement, law, or F.D.W. Hosting Co. policy, that results in loss to F.D.W. Hosting Co. or the bringing of any claim against F.D.W. Hosting Co. by any third-party. This means that if F.D.W. Hosting Co. 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 Co., plus costs and reasonable attorneys' fees.
Acceptable Use Policy ("AUP") and Service Standards
FDW (referred hereinafter as "fdwhostingco.com", "Company", "our", "we" and "us") is a web hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions and acceptable use policy (referred hereinafter as "AUP", "Terms", "ToS", "Terms of Service") described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you (referred hereinafter as "Customer", "User", "Users", "You") have read, understand, and agree to be bound by terms and conditions below.
This AUP governs the use of FDW’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and FDW regarding the interpretation of this AUP, FDW’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact email@example.com.
1. User Conduct
Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to FDW, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
You may not publish or transmit via FDW’s service any content that FDW reasonably believes:
constitutes child pornography;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person’s privacy;
creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person’s trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to FDW; or
is otherwise malicious, fraudulent, or may result in retaliation against FDW by offended viewers.
User may not:
Restrict or inhibit any other user from using and enjoying the Internet.
Content "published or transmitted" via FDW’s service includes Web content, e-mail, bulletin board postings, chat, audio, video and any other type of posting or transmission that relies on any Internet service provided by FDW.
FDW reserves to the right to the final decision on what constitutes abuse.
2. Resource Usage, Services and Adult-Oriented Sites
Customer MAY NOT initiate the following on our servers:
Run any process that requires more than 16Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
Run any type of interactive real-time applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD, game modules etc.
Run intensive scripts with persistent MySQL connections.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Host Proxy Servers or Anonymizers
Host Pirated software (warez)
Host illegal MP3 content, store large Audio / Video Archives (any format).
Provide free hosting services (file sharing, free domain hosting, free subdomains etc), free webmail services or free software hosting services.
Provide image or video hosting.
Run cron entries with intervals of less than 15 minutes.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include "http://yourdomain.com/include.php" use include "include.php" or include "/home/username/public_html/include.php".
Run any site with adult-oriented content, including but not limited to any pornographic material.
Host Escrow, High-Yield Interest Programs (HYIP), Ponzi (fraudulent investment operation), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.
Customer may not engage in illegal, abusive, or irresponsible behavior, including:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to FDW and its customers) without express authorization of the owner of the system or network;
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the FDW’s network.
Use of FDW’s network in a way that unreasonably interferes with FDW’s other customers use of the network.
Customers are also required to abide by the following:
Databases are only to be used for FDW-hosted web sites, and no outside access will be granted.
Persistent MySQL connection is prohibited on all shared servers.
2a. Transfer Policy. FDW will make every effort to help you move your site(s) to our servers free of charge. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 90 days from your sign up date. Transfers outside of the 90 day free period will incur a charge; please contact support team with specific details to receive a price quote.
2b. Inodes / Disk Space Policy. The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users setting cron notifications to username instead of actual mailbox. Over time, tens of thousands of useless messages (or more) build up, eventually pushing the account past our inode limit. To disable cron notifications, login to cPanel and choose "Cron Jobs", then under "Cron Notifications" remove username or add valid LOCAL email address. Sending cron notifications to yahoo, msn or any other external provider will lead to account suspension.
2c. Zero Tolerance Spam Policy: FDW has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of FDW whether or not the message actually originated from our network.
Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
Header Forgery: Forgery of email headers ("spoofing") is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Mailing lists, newsletters and other bulk email: it's absolutely forbidden to send bulk email. Bulk, mailing lists and newsletters must be outsourced to third party ISP who specialize on bulk mail delivery.
2d. IPv4 usage.As you likely know, the American Registry for Internet Numbers (ARIN) received its last IPv4 allocation from the Internet Assigned Numbers Authority (IANA) in February: http://en.wikipedia.org/wiki/IPv4_address_exhaustion
In an effort to extend the availability of IPv4 address space, ARIN has begun requiring providers like FDW to provide more rigorous justification for requests of additional IPv4 address allocations. In order to make FDW's available IPv4 space last as long as possible for customers who need it, we have adopted new IPv4 address sales policies, such as the new IPv4 request justification requirements announced on May 31st 2011:
1. Submit separate ticket to support.westnic.net with domain name (added via WHM, no cPanel addons accepted) or list of domains.
2. Provide a reason why you need an IP. Please keep in mind that your IP request will be forwarded to ARIN, so please justify IP usage. Bad reason: conservation / IP reservation, SEO, mailing campaign etc. Your request may be refused by ARIN.
ARIN runs quarterly audits on our IP space utilization. Dedicated IP (IPv4) may be reclaimed at any time with or without notice if not utilized properly. This policy also applies to websites with exp
3. Personal Security
Customer must take reasonable security precautions. Customer must protect the confidentiality of server's password, and should change password periodically, at least once per 3 months using WHM or cPanel "Password generator tool". It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account.
Customer should not use regular POP3, SMTP and FTP channels. FDW provides secure mail and FTP in additional to regular ports.
4. Backup Policy
We run automatic weekly onsite and monthly offsite backups of your data. In the event of permanent data loss, a restoration may occur that will recover your lost files for additional fee of $10 per website. Availability of backups is not guaranteed.
Offsite Backups are run monthly. However, we would like to stress to all Customers how important it is to keep local backups on local computer or removable media. Reason being that there are instances where backups will run and replace Customer's backup from the previous week. If Customer have changed something since then and need that backup, chances are we will not have it. So always keep backups stored on local computer! We make no guarantees about the availability of backups. FDW is NOT responsible for files or any data residing on your account.
Customer must not leave backup files on the server. All backups must be generated via cPanel, downloaded to personal computer, then removed off the server within 48 hours. Old backup files will be purged without notice in order to avoid unnecessary server load associated with weekly offsite backup.
Any shared account using more than 5 GB of disk space will be removed from our offsite weekly backup servers. However, we may schedule full site backup (up to 50 GB of data) upon request. This service is free of charge and provided "as is".
Customer agrees to indemnify and hold harmless FDW and the employees and agents of FDW (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
6. Limitation on Company Liability
FDW shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. FDW SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
8. No Warranties
Any FDW material on this server may include technical inaccuracies or typographical errors. FDW has the right to make changes and updates to any information contained within this server without prior notice.
THE INFORMATION PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY FDW HOSTING, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER WESTNIC NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Sharing of account space & resale restrictions
Shared account holders may not resell web hosting to other people. If you wish to resell web hosting services, you must use a reseller or semi-dedicated accounts.
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.
10. Refusal or Discontinuation of Service
FDW reserves the right to refuse or discontinue service to anyone at FDW's sole discretion. FDW may deny you access to all or part of the service without notice if you engage in any conduct or activities that FDW in its sole discretion believes violates any of the terms and conditions in this agreement. FDW shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that FDW has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. FDW reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. FDW also reserves the right to refuse refunds in cases where FDW believes abuse has taken place.
11. Payment & Other Information
Customer agrees to supply appropriate payment for the services received from FDW, in advance of the time period during which such services are provided. Customer agrees that until and unless Customer notify FDW of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis.
Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $10 reconnection fee.
FDW is not responsible for data integrity on equipment reclaimed for non-payment.
12. Money Back Guarantee
Each hosting plan includes a full 30-day money back guarantee.
Our web hosting plan include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
Our refund policy does not apply to any additional items or services. Also not included are Domain Parking Services, Domain Registration, any additional services such as overages, disk space, bandwidth, maintenance fees. No refunds are available after 30 days. No refunds are available after account upgrades or downgrades. Any request for cancellation must be received via Support Desk and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
Accounts cancelled/terminated by FDW for violating our Terms of Service do not qualify for the 60-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department. Please note that refunds will be made within 14 business days from cancellation date.
13. Service Cancellations
Service Cancellations for shared web hosting and reseller hosting accounts) must be submitted using the cancellation button located at in your members panel at least 5 days before the end of the billing cycle.
Cancellations over the telephone and informal email are not accepted.
14. Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
You are otherwise permitted by established United States copyright law to copy the work in that manner.
FDW will terminate the service of repeat copyright infringers.
15. Copyright Infringement Notice (Digital Millennium Copyright Act)
f you believe your copyright is being infringed by a person using the FDW network, please send your written notice of copyright infringement to:
FDW Hosting Company
7155 Springhill Drive
Spring Hill, Fl 34606
Your notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FDW to locate the material;
Information reasonably sufficient to permit FDW to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
16. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with FDW or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
By placing and continuing to maintain or place information on FDW' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
17. Governing Law
This Agreement, and all future agreements Customer may enter into with FDW, unless otherwise indicated on such other agreement, will be governed by the laws of the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with FDW in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Hernando, Florida. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You must have valid and current information on file with your domain name registrar for any domain hosted on the FDW network.
FDW is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the FDW network.
FDW reserves the right to revise its terms of service / acceptable use policy at any time without prior notice.
Inquiries regarding this policy should be directed to legal.
20. ServicesChanges F.D.W. Hosting Co. 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. Contact us on : submit a support ticket
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