Internet
Services
Terms and Conditions
FrontPages Web Hosting Network (FWHN)
provides web hosting, email, web design and web site
marketing services. FWHN reserves the right to suspend or cancel any
client's access to any portion or all of FWHN services, when FWHN
deems that the account has been used inappropriately. FWHN reserves
the right to refuse service and/or access to its servers to anyone.
Uptime Guarantee
Shared Hosting - 99.5% guaranteed uptime.
Downtime is prorated and credited towards your next payment.
Dedicated Hosting - 99.9% guaranteed uptime.
Downtime is prorated and credited towards your next payment.
Domain Name Registration -
Changes by Client
Clients opting to update their own domain name registration
information (DNS servers and contacts) are strongly encouraged to make
FWHN the technical contact. Network Solutions NIC: MH3931-ORG. Doing
so may help avoid domain hijacking or expiration problems.
Domain Name Renewals
For clients in good standing whose domain name is going to expire,
FWHN will automatically bill their credit card and renew the domain
name approximately 30 days prior to expiration. If the client does not
want FWHN to renew it, clients needs to inform FWHN more than 30 days
before the expiration date of their domain name registration. FWHN
will renew the domain name for the same number of years as originally
registered by the client. The domain name registration fees will
coincide with those advertised by FWHN at the time of renewal.
Payment Policy
All services are billed on a monthly or quarterly basis.
FWHN accepts the following credit cards:
Visa, Mastercard, Discover and
American Express.
Additional methods of payment:
Direct debit,
personal check, company check and wire transfer
Service is activated only after receipt of payment.
Credit card payment is authorized and assessed in real time.
Once an order is successfully submitted, the client is subject to
FWHN's refund policy.
Any setup fees are non-refundable.
Any domain name registration fees are non-refundable.
Software is refundable only if unopened and returned within 15 days of
receipt.
Client may be subject to 15% restocking fee.
Clients paying by check whose payment is not received before the
renewal date will be charged a reactivation fee and moved to credit
card billing.
All monetary transactions will occur in $US Dollars.
Payment is due on the hosting plan's anniversary date. Otherwise,
service will be stopped.
FWHN reserves the right to change pricing schedule at any time.
Additional Services
Additional services can be added at any time. When a service is added,
the client is assessed charges for the month and every upcoming month
until the end of their billing cycle.
Renewal and Billing Schedule
All quarterly billing accounts will automatically be assessed
quarterly prepayment at the current billing cycle’s expiration.
Credit cards are charged at the beginning of the new billing cycle.
Check payment must be received prior to the end of the billing cycle.
If check payment is not received, the account will be cancelled. There
is no grace period for check payment.
Credit Card Failures
In the event of any credit card failure, a notice will be sent to the
billing contact via email. If the credit card continues to fail and
alternate payment is not obtained, the account will be cancelled.
Returned Checks and
Insufficient Direct
Debit (ACH) Funds
Non-sufficient fund checks and direct debit (ACH) will results in a a 50 dollar
processing fee to the client. A credit card is required on file for redundancy
purposes for those selecting direct debit (ACH) for payment. If the
ACH system has a problem, your credit card will be billed to prevent
service interruption due to lack of payment.
Account Reactivation
If an account was cancelled due to client request or billing issues
and the client desires to reactivate the account, a non-refundable
reactivation fee of $39.95 will be required prior to account
reactivation. Accounts are reactivated after all outstanding charges
are paid, including outstanding hosting charges and NSF check
processing fees (if applicable).
If an account was cancelled due to
policy violation, FWHN will not reactivate the account.
Refund Policy
30 day trial offer applies to shared, ecommerce, sharepoint team and
email hosting services and begins
the day client signs up for service.
30 day trial offer does not apply to dedicated or portal hosting.
Domain name registration is
non-refundable.
Purchased SSL certificates or Web hosting plans that include a bundled
SSL certificate are non-refundable and client must pay FWHN the retail
value for the SSL certificate.
Software bundled with Web hosting plans must either be returned
unopened within 7 business days of cancellation of services or
customer must pay full retail value for the software and any shipping
costs incurred by FWHN.
Purchased software is refundable only if unopened and returned within
15 days of receipt. Client may be subject to 15% restocking fee.
If client terminates services, refunds will be at the discretion of
FWHN.
If FWHN terminates an account due to policy violations, there will be
no refund.
Cancellation
FWHN reserves the right to terminate service at any time. If an
account is terminated for a policy violation there will be no refund.
The policy violator may be assessed a 500 dollar clean up fee. FWHN
reserves the right to delete the policy violating web site content
without notice.
Customers can cancel service at any time. Account cancellations are
not accepted via email or phone. Customer must fax cancellation
request on company letterhead.
If the client requests cancellation, their account will be terminated
at a customer specified date or immediately (default). If the client
does not specify a service termination date FWHN will delete the web site
contents immediately.
FWHN prohibits sites engaged
in:
Illegal activities including but not limited to storing and/or
distributing illegal copies of copyrighted software, warez sites,
violations of copyrights and trademarks, violations of U.S. laws,
selling and/or distributing illegal contraband.
Internet abuse including but not
limited to spamming - mass unsolicited Emailing, distribution of mass
emailing programs, cross-posting messages to large number of usenet
groups, posting obscene or inflammatory messages, threatening other
Internet users, mail bombing Internet users, running packet sniffers
or port scanners, and spamming our support staff. Spammers are held
responsible for a 500 dollar clean up fee.
Systems abuse including but not
limited to use of excessive CPU resources, use of excessive disk
space, use of excessive email storage space, hacking our systems,
redirects/masking or non-FWHN dns service without express permission
of FWHN,
installing continuously running programs, such as IRC bots, and
reselling CGI scripts.
Reselling Hosting Services and Hosting Multiple Sites
Reselling hosting services or hosting multiple web sites without
the express permission of FWHN is strictly prohibited. Using dns
techniques such as redirects, masks, forwards, etc... to direct top/2nd/3rd
level domains, subdomains, IPs inside or outside the FWHN network, to
any folder, subfolder, subweb or content outside the root of the
domain on record, is prohibited. Subwebs within SharePoint Team
Services sites not related to the site (for example, another company) are expressly prohibited. Each
unique SharePoint Team
Site must have its own hosting plan.
Shared Hosting
Shared hosting is an economical, entry-level Web hosting solution for
both individuals and small- to medium-sized businesses. It
significantly reduces the cost of establishing an Internet presence by
allowing multiple customers' Web sites to reside on a single server,
which is connected to a high-speed Internet connection.
One point to consider is that since you are sharing
a server with multiple customers, it is possible that your Web site
may be affected by problematic sites located on your server. That
said, if you are running mission-critical applications and/or a
database-intensive site (Ecommerce), we recommend that you migrate to
a Dedicated server solution.
Dedicated Hosting
A Dedicated Web server offers a small-to medium-size business freedom
and unlimited potential to leverage the Internet. With FWHN's Dedicated
Servers the customer can get a state-of-the-art
server in a safe, secure, controlled environment with excellent
Internet access and technical expertise. Learn more about the
dedicated hosting terms
and conditions.
Co-Location Hosting
Co-location enables organizations to locate "Business Critical"
Internet servers off-site for increased bandwidth, reliability and
security. See
co-location hosting terms and conditions.
Hosting Plan Changes
Changes to hosting plans including but not limited to space, transfer,
email, rates and included products/services are retroactive and
subject to change without notice.
Subdomains or Subwebs
Subdomains (store.yourdomain.com) are permissible if created by
FWHN and managed by FWHN DNS services. Subdomain
creation is subject to one time dns record creation fee. FWHN
prohibits linking a subdomain to an IP address or domain name inside or outside of its own network.
FWHN prohibits linking a subweb to an IP address, subdomain or domain
name inside or outside of its network.
FWHN does not allow redirects or masking of any subwebs or subdomains
inside or outside of its network.
Email
Due to excessive spamming on the Internet, all customers are
encouraged to use their
ISP’s SMTP server when sending email from their email client
(Outlook).
Marketing
Customer agrees that
during the term of this Agreement FWHN may publicly refer to Customer,
orally and in writing, as a customer of FWHN. Any other public
reference to Customer by FWHN requires the written consent of
Customer.
Yahoo Placement
All submission requests are reviewed by a Yahoo editor and must meet
all Yahoo listing
requirements. There are no refunds for sites submitted which
do not meet all the requirements. We cannot guarantee category
placement or a particular description. To request a change to
your listing use the Yahoo
change
form.
Support
Free customer support is provided via phone and email. Technical support emails
will be answered within 1 business day. Most support issues are
resolved the same day reported. Billing inquiries will be answered
within one business day. Client agrees not to spam support.
Technical Support
Our Technical Support representatives are always willing to
diagnose issues related to server connectivity, user ID and passwords,
but we cannot diagnose or correct issues with unsupported third-party
software or scripts.
If you are experiencing problems that are a result
of third-party software applications, we recommend that you either
contact the manufacturer directly, or contact one of our Consulting
Service representatives, who are billed out at a reasonable hourly
rate. Instead of calling, you may prefer to email
support@frontpages-web-hosting.net and have one of our
representatives contact you.
Technical Support Parameters
Our Technical Support staff is available to assist you with
troubleshooting all of the areas listed below. For services extending
beyond those listed, you can speak with one of our Consulting Services
representatives, who are billed out at a reasonable hourly rate.
Instead of calling, you may prefer to email
support@frontpages-web-hosting.net and have one of our
representatives contact you.
SERVER CONNECTIVITY
Server connectivity to your site (not responding by domain or IP
address)
Inability to connect with FTP or FrontPage via domain or IP address
Inability to upload files via FTP
Browser-dependent formatting (different appearance from one browser to
the next)
Connecting to your mail server
SCRIPTPATH
Verify the script was uploaded as a text file
Verify that the path to the interpreter is correct
Check that the path to your site is correct
Verify that you can publish and import a Web page (including
publishing to a local drive)
Verify that our E-mail forms and confirmation forms are working
properly on your server
FRONTPAGE
Check that FrontPage Search Engine is functioning
Check that the FrontPage Counter is working
Re-install FrontPage Server extensions
Verify that the functions necessary for uploading your content (host
name, user ID and password) will authenticate and allow you to build
your Web site
Check the permissions on directories to allow scripts to run
SQL SERVER
Verify that you can log on to your SQL account
Verify you have administrator access to your SQL database
Set MIME types on NT servers only
MAIL SERVER
Verify that your domain can send and receive mail
Verify the mail server is up
Verify you can log on and administer your mail server
Verify the mail server is functioning properly
DOMAIN
Verify your domain is on our DNS servers
Verify that Network Solutions has your domain pointed to our DNS
server
Technical Support Expectations
In order that you may be better able to plan the implementation of
your Shared Hosting account, here are examples of time frames you may
expect.
FWHN Support Plans (see
plans)
One (1) hour minimum charge per
request. A request can be comprised of one or multiple tasks. Each
separately submitted request is subject to this same one (1) hour
minimum charge, except Unix / Win / Sun Server and Internetworking
(Cisco), which has a three (3) hour minimum charge. It is best to
include all tasks together with your request. If your request will
take more time than the number of hours ordered, you will need to
order those additional hours before FWHN will begin the request. If
you order more time than is needed to complete your request, your
unused time remains yours to use for additional future requests. No
refunds will be given. All requests must be submitted along with your
order during the check out process, unless prior
arrangements in writing have been made and agreed to by FWHN. Time
spent on a given request that exceeds one ( 1) hour will be billed in
15 minute increments. Training and explanations are not included in
solutions to requests, though may be available on a limited basis for
certain types of support at a higher rate, which is solely at FWHN's
discretion. All pricing listed is non-emergency and non-rush pricing
and available Monday through Friday from 8 AM to 6 PM Central Standard
Time. Premium pricing is available for some types of support for
emergency, rush or Monday through Friday from 6 PM to 8 AM, Saturday,
Sunday or Holidays. There is no guarantee as when the solution to
requests will be completed unless prior arrangements in writing have
been made and agreed to by FWHN. FWHN reserves the right to not
perform certain requests or tasks in a given request. It is
recommended you speak with sales/support before placing your support
order. Upon FWHN's completion of any support requests,
customer modifications to any support work or
coding of any kind that was performed by FWHN are done at the
customer's own risk. It is recommended that the customer make a backup
of any associated files or support work performed by FWHN
before customer makes any modifications. If any
enhancements to any code or changes to any support work performed by
FWHN are desired then additional support time must be ordered with its
own associated support request. All support pricing and terms
subject to change at anytime without notice.
Adult content
The determination of what is "adult content" and prohibited shall be
solely made by FWHN.
Should a policy violation occur,
FWHN reserves the right to terminate the account without notice and
without any refunds. The policy-violating client will be held
responsible for any damages to FWHN's system, servers, connectivity,
reputation, business, service, network, operations, or equipment. The
policy violator may be charged a $500 clean up fee.
Web Site Content
The client is responsible for keeping a copy of their most current web
site files or email as backup on a remote system (not on FWHN servers). FWHN is
not responsible for any lost files, information, or data.
Backup and Restore
Should any data need to be
recovered from FWHN's backup, there will be a charge of $295.00. FWHN does not guarantee to possess the most current copy of a client's
website or email.
System Updates
The client understands that system updates occur in real-time and as
queued batch processes. For example, account passwords are currently
updated as queued batch processes, therefore the update does not occur
in the system instantaneously. FWHN reserves the right to modify the
processing times at any time without notice. If a client or FWHN
support personnel (when authorized by client) makes any modifications
to a hosting account, the client is responsible to make sure these
updates have occurred in our system.
Databases
Clients who have uploaded database(s) to the
Web server, and whose hosting plan does not support database(s), will
be notified via email. Client will have 5 business days to remove
database(s) or be automatically moved to the appropriate plan meeting
the client's quota needs.
Plan Overages
Clients exceeding their monthly hard disk space usage or transfer quota will
be notified via email and will have 2 options. 1) Pay the
overage 2) Move to the next highest hosting plan meeting their current
quota demands. If client does not respond within 5 business days
of notice, the second option will be exercised on their behalf.
Overage Rates
Hard Disk Space $1/MB
Transfer $6/GB
Login/Password Changes
If a client wants their login and/or password changed for any of our
services there will be a one-time charge of $9.95 per occurrence.
Orders from
Clients in Foreign Countries
FWHN welcomes orders from any country. All payments are in $US
Dollars. Any ordered products or
services cannot be shipped or started until full payment has been
received and cleared by FWHN bank. Microsoft does not allow its
products to be shipped to foreign countries, so FWHN will not be able
to provide Microsoft FrontPage software, or other Microsoft software,
outside of the US. There may be other software programs FWHN sells
that clients may purchase that cannot be shipped to foreign countries.
License to FWHN
Customer hereby grants to FWHN a non-exclusive,
royalty-free, worldwide right and license during the Term to do the
following to the extent necessary in the performance of Services under
the Order: digitize, convert, install, upload, select, order, arrange,
compile, combine, synchronize, use, reproduce, store, process,
retrieve, transmit, distribute, publish, publicly display, publicly
perform and hyperlink the Customer Content; and make archival or
back-up copies of the Customer Content and the Customer Web site).
Except for the rights expressly granted above, FWHN is not acquiring
any right, title or interest in or to the Customer Content, all of
which shall remain solely with Customer.
Intellectual Property
FWHN hereby
grants to Customer a non-exclusive, non-transferable, royalty-free
license, exercisable solely during the term of this Agreement, to use
applicable FWHN Technology solely for the purpose of accessing and
using the Services. Customer may not use the FWHN Technology for any
purpose other than accessing and using the Services. Except for the
rights expressly granted above, this Agreement does not transfer from
FWHN to Customer any FWHN Technology, and all rights, titles and
interests in and to the FWHN Technology shall remain solely with FWHN.
Customer shall not, directly or indirectly, reverse engineer,
decompile, disassemble or otherwise attempt to derive source code or
other trade secrets from any of the FWHN Technology.
FWHN’s trademarks, tradenames,
service marks, logos, other names and marks, and related product and
service names, design marks and slogans are the sole and exclusive
property of FWHN. Customer may not use any of the foregoing in any
advertising, publicity or in any other commercial manner without the
prior written consent of FWHN. FWHN shall maintain and control
ownership of all Internet protocol numbers and addresses that may be
assigned by FWHN to Customer. FWHN may, in its sole discretion, change
or remove any and all such Internet protocol numbers and addresses.
Any feedback, data, answers,
questions, comments, suggestions, ideas or the like which Customer
sends to FWHN relating to the Services will be treated as being
non-confidential and non-proprietary. FWHN may use, disclose or
publish any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever.
Indemnification
Client agrees to defend, indemnify and hold harmless FWHN against any
liabilities arising out of defective products sold to customers from
FWHN servers, personal injury or property damage caused by products or
services sold or distributed from FWHN servers, any material that
infringes or allegedly infringes on the rights of a third party
available from FWHN servers, and any material that libels or allegedly
libels a third party available from FWHN servers.
Disclaimer
FWHN is not responsible for any damages to any client's business. FWHN
makes no warranties or guarantees of any kind, expressed or implied
for services that we provide. Use of FWHN's Internet services is at
the client's sole risk. FWHN's services are provided on an "as is, as
available" basis.
FWHN does not guarantee that our services will be uninterrupted or
error free. FWHN will provide every effort in good faith to ensure
that its services are available to as many Internet users as possible
with minimal service interruptions.
In no circumstance will FWHN be liable for any claims resulting from
the use or inability to use FWHN's services - including, but not
limited to, service interruptions, client errors, Internet
connectivity problems, miscommunications, unauthorized access to FWHN
servers, InterNIC problems, DNS caching, Internet bandwidth
congestion, power failures, vandalism, and natural disasters.
FWHN reserves the right to revise
our policies at any time.
Revision
Date: 10.17.03