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This
agreement represents the
complete agreement and
understanding between
FRJHost.com and the account
holder (hereinafter called
Customer) and supersedes any
other written or oral agreement.
FRJHost.com may modify these
terms and conditions, amplify
them, and/or modify the prices,
as well as discontinue or change
services offered with or without
prior notification.
If you do not agree to these
terms and conditions, please
notify our Billing Department
(billing@frjhost.com) so we can
initiate a closure of your
account. USE OF YOUR ACCOUNT
shall constitute your approval.
We reserve the right to refuse
service to anyone.
1.
FRJHost.com makes no warranties
of any kind, whether expressed
or implied, for the service it
is providing. FRJHost.com also
disclaims any warranty of
merchantability or fitness for a
particular purpose. FRJHost.com
will not be responsible for
damages the customer suffers.
This includes loss of data
resulting from delays,
non-deliveries, misdeliveries,
or service interruptions caused
by its own negligence,
subscriber's errors or
omissions, or due to the fault
of third parties.
2. Services provided to the
Customer by FRJHost.com may only
be used for lawful purposes.
Transmission or publication of
any information, data or
material in violation of any
U.S. Federal or state regulation
or law is prohibited. This
includes, but is not limited to,
material protected by copyright,
trade secret or any other
statute, threatening material or
obscene material, material that
is with "adult content".
FRJHost.com reserves the right
to remove any and all materials
which infringe on copyright
work. Such materials will be
removed at any time upon
receiving a complaint and or
notice of copyright
infringement.
Pornography and Child
pornography are prohibited,
including: sexual content, or
direct links to adult content
elsewhere. This applies for
sites that promote any illegal
activity, violence or content
that may be damaging to our
servers or any other server on
the Internet. Links to such
material are also prohibited.
Examples of non-acceptable
content or links are:
Pornography, Child Pornography,
Hackers applications/archives,
"Warez" sites, proxy
applications, IRC, rapidleech
(and similar), torrents,
torrents listings, spam
applications.
3. Customer agrees to defend,
hold harmless and expeditiously
indemnify FRJHost.com from any
liability, claim, loss, damage
or expense arising out of the
indemnifying party's breach or
violation of any covenant
contained in this Policy and
resulting from the Customer's
use of the service.
4. FRJHost.com accounts cannot
be transferred or used by anyone
other than the subscriber.
Customers may not sell, lease,
rent or assign accounts to any
party not named in this Policy.
All shared hosting accounts
cannot be used for resell
purposes. All sites hosting on
this plan must be registered
from the same company - unless
authorized by FRJ Host. Any
violation to this will result in
suspension of the account until
the client upgrade to the proper
account.
5. FRJHost.com reserves the
right to cancel service for any
reason without prior notice. In
this, unused fees may be
returned to the subscriber on a
pro-rated basis. Fees for domain
name registration/transfer,
domain protection, SSL
certificates, dedicated server
orders and fees,
downgrade/upgrade fees, any
license fees for products
purchased through us, and IP are
not refundable.
If a customer re-registers after
FRJHost.com's cancellation of
the account without
FRJHost.com's written consent,
FRJHost.com will cancel
Customer's account and all dues
and fees paid to date,
regardless of whether service
has been rendered, will be
forfeited.
6. Domain name
registration/transfer, domain
protection, setup fees (if
apply) are not refundable. All
free IP optional services need
to be redeemed within the first
2 months of the package start
date or the upgrade date. All
Free domain need to be
registered the same time as the
package to be valid. In addition
we do not offer free ID
protection.
7. Refund: Within the first 30
days as a FRJHost.com customer,
if for any reason you are not
completely satisfied with our
hosting services, we will cancel
your account and refund your
money for your hosting service.
During the first 180 days of the
service as a client, you can opt
out to cancel your account, and
regardless of your commitment (1
year, 2 years, 3 years, etc),
you will be pro-rated for all
unused hosting fees based on our
standard monthly package
pricing. On refund, for all
accounts that have been
Upgraded/Downgraded/Changed OS,
there will be a Non-refundable
fee for each incident. For
Clients with multiple accounts,
the starting date is defined as
the earliest date that they
become a client of FRJHost.com.
There is not refund for
partially used month after the
first 30 days as a client.
The 30
days money back guarantee and
180 Days Risk Free do NOT cover
the following:
? Domain:
Registration/Transfer/ID
protection
? Private SSL fees
? All fees in section #15 of SLA
? Additional static IPs and
additional licenses
? Control Panel: there is no
refund for partially used
month(s)
8. Client Warrantee: Customer
shall ensure that its use of
FRJHost.com's network services
shall not disrupt FRJHost.com,
its associated networks or
equipment forming part of the
systems. Customer is responsible
for the security of all files
and content installed under the
hosting account and is required
to maintain any software
installed to up to date version
in order to avoid security
breaches. In instances in which
an excessive amount of system
resources are utilized by a
subscriber, FRJHost.com reserves
the right to place CPU process
limits on the Customer's account
to prevent disruption of service
to other customers. Customers
shall not transmit any
communication where the meaning
of the message, or its
transmission or distribution,
would violate any applicable law
or regulation or would likely be
offensive to the recipient
thereof. No message may be mass
distributed, "broadcast," or
otherwise sent on an intrusive
basis to any FRJHost.com user or
to any directly or indirectly
attached network. Use of
FRJHost.com's connection in a
manner that is disruptive,
damaging, unlawful, offensive,
or intrusive as determined by
FRJHost.com shall be considered
a breach of this Policy and may
result in cancellation of
service. This prohibition
extends to sending of
unsolicited mass mailings from
another service which in any way
implicates the use of
FRJHost.com's service,
FRJHost.com's equipment or any
site hosted on any FRJHost.com
network.
Customer agrees not to utilize
the FRJHost.com service,
equipment or email address in
connection with the transmission
of the same or substantially
similar unsolicited message to
50 or more recipients or eight
or more newsgroups in a single
day. Violating this clause may
result in service interruption
or account cancellation.
Customer agrees not to transmit,
promote, or otherwise make
available any software, product
or service that is either
illegal or designed to violate
this Agreement. Such software,
products or services include,
but are not limited to, programs
designed to send unsolicited
advertisements (i.e. "spamware")
and services which send
unsolicited advertisements.
Customer warrants that any
material submitted for
publication on FRJHost.com does
not violate or infringe any
copyright, trademark, patent,
statutory common law or
proprietary interest of others
or contain anything obscene or
libelous. FRJHost.com reserves
the right to remove any and all
materials which infringe on
copyright work. Such materials
will be removed at any time upon
receiving a complaint and or
notice of copyright
infringement. All communications
to/from FRJHost's personnel via
e-ticket, email, and live chat
are confidential and property of
FRJHost, and therefore can not
be disclosed or distributed
without our written consent.
FRJHost.com requires that its
agreements be made with a person
who is qualified to contract. As
such, subscriber must be over
the age of eighteen (18) years.
Otherwise, a parent or guardian
must accept this agreement and
enclose the proper payment.
FRJHost.com cannot accept
payments from persons who are
not at least eighteen (18) years
of age, nor can we accept
agreements from persons who are
not at least eighteen (18) years
of age.
If FRJHost.com becomes aware of
material that could be
infringing on a third party's
copyright, it will initiate an
investigation. To conduct an
investigation of copyright
infringement, the Complainant
must submit at least two items.
First, Complainant must submit a
claim in writing with the
applicable copyright or
trademark registration number
and a copy of the underlying
copyrighted work along with the
Customer's materials. Second,
Complainant must offer a good
faith certification signed under
penalty of perjury. This
certification must state that
the work is the property of the
Complainant that the work has
been copied and that use of the
work is not defensible. With
this information in-hand,
FRJHost.com, at its discretion,
may, at any time deny access to
the challenged material of
Customer.
9. Use of other organizations'
networks or computing resources
is subject to their respective
permission and usage policies.
10. Domain renewal: For all new
domains, there is a yearly
non-refundable registration fee.
FRJHost.com will automatically
pay this fee as well as all
annual non-refundable renewal
fees on your behalf while your
FRJHost.com account is active
and current. These fees will
appear on your billing statement
unless prior arrangements are
made with our customer service
department. It is the client
responsibility to cancel the
renewal once we invoice the
domain. You have 7 days to
submit the cancellation request.
Any renewal that is processed
will not be refunded.
11. Use of FRJHost.com's hosting
services could involve listing
subscriber's participation in
relevant directories, and
subscriber expressly grants
permission for such listings.
12. Hosting space is intended
for normal use only, and is
limited to Web files, e-mail and
content of the hosted Web sites,
not for storage of media or
other data nor for the sole
purpose of mass
email/solicitation. Hosting
space may not be used as offsite
storage for electronic files or
for third party electronic mail
or FTP hosts. You are
responsible for removing any
files which do not meet these
requirements, and for adhering
to any hosting space (disk
usage) limits allocated to your
account(s). Failure to do so may
result in removal and deletion
of such materials, and/or in
discontinuation of your services
or account. MS SQL remote
management/connections: the
provided remote connection
interface is to be used with the
purpose of managing your MS SQL
database remotely and NOT for
the purpose of using our MS SQL
for remote SQL storage for other
sites/applications - violating
this rule will result in account
suspension.
13. Any party seeking to report
any other potential violations
of this Agreement may contact
FRJHost.com via email at
info@frjhost.com.
14. Cancellation: You must
notify FRJHost.com formally by
completing our Account
Cancellation Form available by
clicking here in order to cancel
your account with us. NOTE: We
will NOT process any other
requests submitted outside of
our Account Cancellation Form.
If you do not notify us we will
automatically renew your account
for the next billing cycle - 1
month before the account
expiration date. Orders received
for previously canceled accounts
will not be processed and
accounts will not be activated.
Credit card chargeback will
result in automatic cancellation
and deletion of the customer's
account from our servers. A $15
re-activation fee will apply to
all suspended accounts due to
non-payments of due fees. There
will be a $15.00 reinstating fee
for any cancelled account.
Transferring your domain to
another provider does not
constitute canceling your
FRJHost.com account. You must
notify FRJHost.com to formally
cancel your account with
FRJHost.com to avoid further
charges.
15. Fees: FRJHost reserves the
right to charge the
non-refundable fees.
16. On occasion, FRJHost.com may
have a need to communicate with
its customers through email
issues related to billing, as
well as changes, additions and
modifications to the network. It
is the responsibility of the
customer to check email sent to
the primary login email address
on the account.
17. It is the responsibility of
the customer to contact
FRJHost.com of any changes to
their account, such as phone
number, address, credit card
information, etc. Customers will
be required to provide
verification for security
purposes authorizing them to
make any changes to that
account.
18. Client's use of profanity in
language, or abuse towards any
FRJHost's employee via chat,
email, phone, our e-ticket
system, or in any other form
will result in a complete block
from our support system, and
subject the client to an account
cancellation without a refund.
19. Backup and Data Loss:
FRJHost is not responsible for
files or data loss. It is the
client full responsibility for
file and data transfer and
maintaining backup file of your
own account. Backup are used
solely for FRJHost restoration
of emergency or server
restoration only. There will be
no backups for accounts that
have been suspended or
terminated. Accounts that have
past due invoice or suspended
due to non-payment, FRJHost will
not be responsible for any data
loss.
20. Uptime Guarantee: If your
shared hosting account downtime
is not within the 99.9% uptime,
you may request for one month of
credit on your account. Uptime
of the server is defined as the
reported hardware and network
availability, not uptime from
individual service which is
independent of the actual uptime
of the server. Third party
monitoring services reports may
not be used for justification
due to unreliable monitor's
network capacity/transit
availability. To requests for
credit, please open a support
ticket to report your claim with
justification based on our term
and condition. Credit approval
is at the discretion of FRJHost. |
