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THESE ARE THE TERMS OF SERVICEwhich govern your
hosting transaction. They explain what we provide and what we do not provide.
All hosting accounts are covered by a 30-Day
Guarantee
Unacceptable or Socially Inappropriate Content:
We
reserve the right to refuse Domain Hosting Services to Sites deemed
"Unsuitable". Unsuitable sites include, for example, sites that:
-
include, promote, or link to SEXUALLY EXPLICIT material.
- include, promote, or link to violence or illegal activities.
-
include, promote, or link to material that promotes or depicts discrimination
based on sexual orientation, race, gender, religion, national origin, physical
or mental disability, or age.
-
include, promote, or link to material which violate intellectual property
rights or material of such nature.
Right of Refusal:
We
reserve the right to refuse/terminate hosting services to any individual,
company, organization, or entity for any reason. In such cases, Free Web
Hostings may issue a full and immediate refund of all monies paid including
setup fee's. In the event that services are refused/terminated, no explanation
will be required.
Mail Server Policy:
Any
sites that engage in excessive use of the Mail Server are prone to immediate
termination without notice. Excessive use is defined as any process or
procedure which overtaxes the Mail Server resulting in other clients being
unable to access the Mail Server to send and receive normal email
communications. Prolonged and repeated mail abuse
will result in a users SMTP privileges being revoked without
notice.
Spam Policy: We do not practice, participate in nor condone
SPAM of any sort.
Offenders of SPAM will be notified in writing by
us to cease and desist such activities. Failure to comply will result in
immediate termination of mail services without refund. The negligence of a
single domain residing on our servers could result in we being placed on an
anti-spam list. Should we be placed on the anti-spam list, every domain e-mail
service will be affected and blocked. We wish to protect our customers of this
problem and for this reason
WE Will REMAIN INTOLERANT of
SPAM!
Policies and Pricing:
Customers who purchase Free
Web Hostings service(s) will be considered customers. All company rules,
policies and operating procedures concerning customer orders, customer service
and service sales will apply to these customers. We reserve the right to change
our policies and operating procedures at any time. For example, we will
determine pricing schedule for services sold by us which may vary from time to
time.
Payment of Service(s):
Free Web Hostings accepts
payment in the form of Credit Card (Mastercard, Visa. American Express),
personal or company check, cashier's check, and money order. NSF
checks will be charged a $50 US service fee. Credit Card numbers will
be verified before transactions occur. Upon receipt of payment, you will
receive an order confirmation via an e-mail message outlining other policies
and procedures.
Service Agreement
We
agree to process services purchased by customers. We reserve the right to
reject orders that do not comply with the necessary requirements that we may
establish from time to time. We will be responsible for all aspects of service
processing, customer support and payment processing and we agree to handle all
customer service requests generated at the order form. After the completion of
the setup of your services, ALL service requests must be made via the
Request for Service Form. This is necessary to be sure all
requests for assistance are met in a timely, efficient manner.
Affiliates
We will track sales made to customers
who purchase services using linkIDs from the Approved Site to our site and we
will provide you with reports of the sales at the time of Fee
Payment.
Customer Service and Our Service Warranty:
We
agree to provide technical assistance for services you purchased where there is
a technical problem as the result of the setup or configuration of your
Internet service(s). We will resolve these problems and provide e-mail
response as to the solution within 1-2 business days providing you follow the
service policies and procedures outlined in your order confirmation document.
We
will provide answers to frequently asked questions or problems which will be
posted on our site under the FAQ link. We will not provide technical training
other than the FAQ section, the directions that come to you at the completion
of your setup, or training and/or consulting services you have or will
purchase.
Free Web Hostings stands behind all our services -- both Internet and
customer services. At all times, we want our customers to feel satisfied. We
will provide the best possible service to you. Should you find a problem with
the setup of your Internet service(s) as it is going on you are responsible to
contact Free Web Hostings as outlined in your order confirmation document.
Flame mail directed to Free Web Hostings or any of its officers or
employees will not be tolerated. Should you be unsatisfied with any of our
services within the first 30 days (from the time payment and/or service
agreement is received), where no mutual agreement can be met, Free Web Hostings
may provide you a full refund minus 10% (required for labor fees on the setup
of your services). Refunds will not be issued past 30
days.
We
disclaim all liability for development and maintenance of Your Site that has
not been directly *purchased from Free Web Hostings. You will compensate and
hold us harmless from all claims, damages and expenses (including, without
limitation, attorneys' fees) relating to the development and maintenance and
contents of Your Site.
Should error or distinctions occur with the operations of your site
based on development or maintenance provided by sources other than ME Websites,
LLC., you will be held liable, and will be expected to provide the necessary
provisions for correction of this.
Relationship Between You and Free Web Hostings:
This is an agreement between independent contractors -- You and
Free Web Hostings. This Agreement does not imply any partnership, joint
venture, agency, franchise, sales representative or employment relationship
between you and Free Web Hostings. You will not have, nor will you represent
that you have, any authority to make or accept any offers or representations on
our behalf. You will not do anything to disparage or damage the
reputation of Free Web Hostings or any of its officers, employees, products
and/or services
Misrepresentation:
You will not misrepresent Free
Web Hostings by expressed or implied claims of success, warranties or service
obligations or there of on our behalf. We disclaim any liability for such
claims or implications made on your part to prospects, potential customers,
and/or customer of Free Web Hostings. You acknowledge this agreement will
be terminated with or without notice for misrepresenting Free Web Hostings, its
officers, employees, distributors, assigns or products or services.
Modification of Terms & Conditions: We may modify
any of the terms and conditions of this Agreement, at any time and in our sole
discretion, by posting a change notice and the new agreement on our site.
Modifications may include but are not limited to changes in available fee or
payment schedules or procedures and Program rules. YOUR ONLY RECOURSE
TO CHANGES UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
USE OF SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE WILL CONSTITUTE A
BINDING ACCEPTANCE OF THE CHANGE.
Limitation of Liability:
We
disclaim liability for any indirect, special or consequential damages, arising
in connection with this Agreement or Service(s), even if we have been advised
of the possibility of such damages.
Disclaimers:
We make no expressed or implied
warranties or representations with respect to any services purchased at Free
Web Hostings, (including, without limitation, warranties of fitness,
merchantability, non-infringement or any implied warranties arising out of a
course of performance, dealing or trade usage). Further, we make no
representation that the operation of our network*, including our own Site, will
be uninterrupted or error free, and we will not be liable for the consequences
of any interruptions or errors.
Term of this Agreement and Termination:
The
duration of this Agreement will begin with our receipt of your signed Agreement
and will end when terminated by either party. Either party may terminate this
Agreement at any time, with just cause, by giving the other party written
notice of termination. Removal of all Free Web Hostings Logos and all reference
to association with Free Web Hostings must be removed from the Approved site
immediately upon termination of this Agreement.
Independent Investigation:
YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PURCHASING FREE WEB
HOSTINGS, SERVICE(S) AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous:
This Agreement will be governed by
the laws of the state of Washington and New Jersey, without reference to rules
governing choice of laws. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this
Agreement.
Any
action relating to this Agreement must be brought in the federal or state
courts located in the state of Washington or New Jerseey and you irrevocably
consent to the jurisdiction of such courts with your acceptance of this
Agreement.
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