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Terms of Service Agreement
IX Web Hosting's primary objective is to value and support our
subscribers wherever, whenever and however possible. Our management
and staff will provide the highest level of attention and dedication
to all of our subscribers.
In pursuit of our primary objective,
Faithful-Host.com agrees to deliver the agreed upon services,
as declared in the “New Account” confirmation, to our
customers at the time of purchase, subject to the following Terms
of Service (hereafter referred to as TOS).
In addition, the use of Faithful-Host.com's
service(s) by a subscriber constitutes an unconditional acceptance
of and agreement to Faithful-Host.com's TOS. Faithful-Host.com
reserves the right to change or modify the TOS at any time without
notice.
I. 100% Money-Back Guarantees
A. 30-Day Money Back Guarantee
Faithful-Host.com offers its subscribers a "30-Day Money
Back Guarantee.” This guarantee allows subscriber to purchase
Faithful-Host.com’s services with full confidence and zero-risk.
Consequently, subscriber may request a full refund within 30
days of initial sign-up and be refunded all fees paid to-date,
including setup fees, less any additional over-usage and free
domain registration costs (costs of free domain registrations
are calculated at the regular cost of the domain registrations).
Terminated accounts are not eligible for this guarantee if the
termination occurred due to a violation of this TOS.
This guarantee can be requested
at anytime within the 30 days of the commencement of service
if subscriber is not satisfied with Faithful-Host.com’s
services. If the 30-day service of the subscription has been
exceeded, subscriber is not eligible for this guarantee. A request
for this guarantee must be submitted via Faithful-Host.com’s
“Contact Us” form located at this URL:
http://www.faithful-host.com/contact.html
If requesting a refund, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how Faithful-Host.com
could improve service.
B. Any-Time Money Back Guarantee
Faithful-Host.com offers its subscribers an "Any-Time Money
Back Guarantee." This guarantee allows subscriber to use
Faithful-Host.com’s services with full confidence and zero-risk.
Consequently, subscriber may request a full refund of the current
month’s fees (not the current billing cycle) and to-date
pre-paid fees for future months, less any additional over-usage
and free domain registration costs (costs of free domain registrations
are calculated at the regular cost of the domain registrations).
Terminated accounts are not eligible for this guarantee if the
termination occurred due to a violation of this TOS.
This “Any-Time Money Back
Guarantee” can be requested at anytime that you are not
satisfied with Faithful-Host.com services. A request for this
guarantee must be submitted via Faithful-Host.com’s “Contact”
form located at this URL:
http://www.faithful-host.com/contact.html.
If requesting a refund, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how Faithful-Host.com
could improve service.
II. Price-Freeze Guarantee
Faithful-Host.com offers its subscribers a "Price-Freeze
Guarantee." This guarantee allows subscriber to use Faithful-Host.com’s
services with full confidence and zero-risk. Faithful-Host.com
guarantees that it will never increase monthly fees for existing
subscribers of any service plans. This guarantee is effective
upon the start of a subscription. Immediately after the order-process
is completed, a price-lock will be established on the subscription
and the price cannot increase for the existing subscription with
the existing service plan.
Subscriber is aware that Faithful-Host.com
may proactively change the specified rates and charges from time
to time, with any new rate or changed pricing being exclusively
effective for new subscribers or service plan changes. Subscriber
is aware that rates and offers can change upon service plan modification
or new account subscription and may or may not be available for
purchase at any time in the future. However, existing subscriptions
will establish a price-lock for their service plan upon sign-up
and will not be affected by changed pricing or offers.
III. 99.9% Uptime Guarantee
Faithful-Host.com guarantees that your website will be up and
running at least 99.9% of the time during any 12-month period.
This guarantee includes network uptime, server uptime, web server
and service uptime. It does not cover any areas where Faithful-Host.com
has no direct influence, such as backbone provider failures,
fibre-optic main line cuts, DNS or Registrar issues with subscriber’s
domain name, routing issues between subscriber location and Faithful-Host.com
data center. The uptime guarantee is also not applicable if the
service interruption was caused by external issues such as Acts
of God, Wars or any other natural or unnatural events that Faithful-Host.com
had no control over.
To request a service credit
due to an uptime concern, please submit a request for this guarantee
via Faithful-Host.com’s “Contact” form located
at this URL:
http://www.Faithful-Host.com/contact.html
If requesting a “service credit” we ask that subscriber
briefly explains the reasons for doing so.
IV. Prohibition of Adult Content
Subscribers of Faithful-Host.com’s services are prohibited
from storing or posting adult content, or links to adult content,
through the subscribed service. All material of pornographic
nature is considered adult content. Online image galleries whose
primary purpose is the public display of fine art or artistic
mediums are not considered to be adult content.
V. "Fair-Use" Resource
Assignment
Faithful-Host.com offers unlimited disk space and unlimited other
resources, such as email or FTP accounts, or a great amount of
each one of these resources with certain plans. The intention
of Faithful-Host.com is to provide a large amount of space and
resources for our customer's convenience of not having to worry
about disk space or resource allotments. These resource and disk
space allotments are optimized and dedicated towards serving
web documents and self-need email / FTP services and are not
to be used as offsite storage area for electronic files, or as
a provisioning service for third party email or FTP hosts. All
your downloadable files or files stored on the server have to
be available for download via a HTML document stored on the Internet
in a publicly or privately accessible area. This policy only
applies to web sites who are considered to be abusive in service,
disk space or resource consumption and where it is evident that
the "fair-use" of resources among customers has been
breached, particularly in regards to disk space utilization.
Web sites that are found to contain either/or no html documents,
a large number of unlinked files are subject to warning, suspension
or cancellation at the sole discretion ofFaithful-Host.com. If
a "Fair-Use" breach occurs, Faithful-Host.com may have
to remove files from the subscriber's account in order to restore
full serviceability to other subscribers affected by the breach.
In any case, the subscriber will be notified of any actions that
Faithful-Host.com may have to take.
VI. SPAM and Unsolicited Commercial
Email (UCE)
Faithful-Host.com takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM through our network
and services. Customers of Faithful-Host.com may not use, or
permit others to use, our network to partake in UCE distribution.
Customers of Faithful-Host.com may not host or permit hosting
of sites or information that is advertised by UCE from other
networks.
Upon notification of an alleged
violation of our SPAM policy, Faithful-Host.com will initiate
an immediate investigation. During the investigation, Faithful-Host.com
may restrict customer access to the network to prevent further
violations. Subscriber will thereafter be advised of the situation.
If a subscriber is found to be in violation of this TOS, Faithful-Host.com
may, at its sole discretion, unilaterally restrict, suspend or
terminate the violating customer's account. Further, Faithful-Host.com
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Faithful-Host.com
will notify law enforcement officials if the violation is believed
to be a criminal offense.
VII. Payment
Establishment of this service is dependent upon receipt of payment
of stated charges by Faithful-Host.com. Subsequent payments are
due on the anniversary date of the month for that month's service
or whichever is the selected billing cycle.
VIII. Failure to Pay
Faithful-Host.com may temporarily deny or terminate service upon
the failure of the subscriber to pay the charges when due. Such
termination or denial will not relieve the subscriber of responsibility
for the payment of all accrued charges and any collection fees.
IX. Account Cancellation
A subscriber may cancel his account at any time online via his
account control panel’s “Billing Options.” If
requesting a cancellation, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how Faithful-Host.com
could improve service. The cancellation will take effect immediately
and the subscriber’s account will remain active until the
end of the subscription. Account resumption is possible with
one click from the same menu, in case you should redecide.
X. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such
a nature that the service can be interrupted for many reasons
other than the negligence of Faithful-Host.com and that damages
resulting from any interruption of service are impossible to
ascertain. Therefore, subscriber agrees that Faithful-Host.com
shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of Faithful-Host.com.
Subscriber further acknowledges that the Faithful-Host.com’s
liability for its own negligence may not in any event exceed
an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall Faithful-Host.com
be liable for any special or consequential damages, loss or injury.
XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications
to hosted domain names or any other cases which involve the change
of nameservers of a domain from other DNS servers to Faithful-Host.com's
DNS servers, there may occasionally be a delay of several days,
weeks or longer depending on the accessibility of control options
at the respective registrar of the domain name registration.
It is possible that if the registrar (or the entity having control
over the domain registration) is not cooperative, the domain
nameservers can not be changed at all. Due to the unpredictable
nature of the nameserver change process, no guarantees are made
regarding the amount of time a specific change may take. On customer
request, nameserver change of domain names is done by Faithful-Host.com
on behalf of the account holder. In such cases, a successful
change of nameservers cannot be guaranteed in any way or fashion
as it solely depends on the accessability or cooperation by the
domain name registration’s registrar.
XII. Support Boundaries
Faithful-Host.com provides technical support to its subscribers.
We limit our technical support to our area of expertise. The
following is our guideline when providing support: Faithful-Host.com
provides support related to your service plan’s features’
physical functioning. Faithful-Host.com does not provide technical
support for the subscriber’s customers. The only way to
request technical support is to utilize the technical support
helpdesk located in your Faithful-Host.com control panel. If
you are able to get online and have other questions, the answers
may be on our documentation manual at
http://www.Faithful-Host.com/manual.html
We encourage you to check there first. Lastly, the "Quick
Help" option in the control panel you are using may have
the answer to your question. Please investigate these resources
before contacting tech support.
XIII. Network
A. IP Address Ownership
If Faithful-Host.com assigns a subscriber an IP address for use
with the subscription, the right to use that IP address shall
belong only to Faithful-Host.com and the subscriber shall have
no right to use that Faithful-Host.com except as permitted by
Faithful-Host.com. Faithful-Host.com shall maintain and control
ownership of all IP numbers and addresses that may be assigned
to subscribers by Faithful-Host.com. Faithful-Host.com reserves
the right to change or remove all such IP numbers and addresses
in its sole and absolute discretion, at any time.
B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed
the maximum number of megabytes per month for the service plan
subscribed by the customer (“Agreed Usage”). Faithful-Host.com
will monitor subscriber’s bandwidth and disk usage. Faithful-Host.com
shall have the right to take corrective action if subscriber’s
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection
or discontinuance of any and all services, or termination of
this Agreement, which actions may be taken is in Faithful-Host.com's
sole and absolute discretion, at any time deemed necessary by
Faithful-Host.com. If IX Web Hosting takes any corrective action
under this section, subscriber shall be entitled to a pro-rated
refund of any fees paid in advance prior to such action. In any
cause, subscriber will be warned of approaching or exceeded resource
limits via email by Faithful-Host.com.
C. System and Network Security
Subscribers or any network users are prohibited from violating
or attempting to violate the security of Faithful-Host.com’s
network or any and all components there in. Violations of system
or network security may result in civil or criminal liability.
Faithful-Host.com will investigate occurrences which may involve
such violations and may involve and cooperate with law enforcement
authorities in prosecuting subscribers who are involved in such
violations. These violations include, but are not limited to:
1. Accessing data not intended for such subscriber or logging
into a server or account, which such subscriber is not authorized
to access.
2. Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization.
3. Attempting to interfere with service to any subscriber, host
or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber
is not entitled.
XIV. Notification of Violation
Faithful-Host.com is under no obligation or duty to constantly
view each subscriber's activities to determine if a violation
of this TOS has occurred. Accordingly, we do not assume any responsibility
through our TOS to monitor or police Internet-related activities.
Faithful-Host.com will only investigate suspicious activities
if they are deemed to violate this agreement or to harm any part
of the services, network or other subscribers. If a subscriber
is found to be in violation, the following steps are taken:
1. First violation: Any Subscriber,
which Faithful-Host.com determines to have violated any element
of this TOS shall receive an email warning them of the violation.
Subscriber’s service is subject to a temporary suspension
at Faithful-Host.com's discretion pending a subscriber's agreement
in writing to refrain from any further violations.
2. Second violation: Subscribers, whom Faithful-Host.com determines
to have committed a second violation of any element of this TOS
shall be subject to immediate suspension or termination of service
without further notice.
NOTE: Faithful-Host.com reserves
the right to drop the section of IP space involved in SPAM or
Denial-of-Service complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's
network or if denial of service attacks are originating from
your network. In certain rare cases, we may have to do this before
attempting to contacting the subscriber. Faithful-Host.com will
contact the subscriber as soon as it is feasible.
XV. Suspension of Service or
Cancellation
Faithful-Host.com reserves the right to suspend network access
to any subscriber if in the judgment of Faithful-Host.com, the
subscriber‘s account is the source or target of a violation
of any of the terms of the TOS, or for any other reason which
Faithful-Host.com deems necessary.
If inappropriate activity is
detected, all accounts of the subscriber in question will be
deactivated until our investigation is complete. Prior notification
to the subscriber is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The subscriber may
not be credited for the time the subscriber’s machines were
suspended if the subscriber is found to be at fault.
XVI. Miscellaneous Provisions
Subscriber must provide Faithful-Host.com real and current contact
information at all times. E-mail address, telephone and fax contacts
are used, and in that order of preference.
1. Faithful-Host.com takes
no responsibility for any material placed on its network by others.
Faithful-Host.com is not responsible for the content of any other
websites linked to. Links to other sites are provided as Internet
navigation tools only. Faithful-Host.com disclaims any responsibility
for any inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
2. Faithful-Host.com’s subscribers are not permitted to
run IRC servers
XVII. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal
activities. Therefore, subscriber agrees that Faithful-Host.com
may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement
agency that requests such information, provided they posses the
proper court-approved warrant, without consent or notification
to the subscriber.
XVIII. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies
the other party (the “Indemnified Party”), its officers,
directors, employees and agents, and agrees to defend and hold
them harmless from and against any and all liability, damage,
loss or expense (including reasonable attorneys fees) arising
from any claim, demand, action or proceeding based upon the alleged
breach or untruthfulness of any of the Indemnifying Party’s
representations or warranties, or incurred in the settlement
or avoidance of any such claim, provided, however, that the Indemnified
Party shall give prompt notice to the Indemnifying Party of the
assertion of any such claims and provided further that Indemnifying
Party shall have the right to select counsel and control the
defense thereof, subject to right of the Indemnified Party to
participate therein.
XIX. Severability
If any provision of this TOS shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of
this TOS is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision
shall be deemed to be written, construed, and enforced as so
limited.
XX. Applicable Law
This TOS is subject to the governing laws of the State of Florida.
Courts of competent jurisdiction in Tampa, Florida shall hear
and decide any disputes.
