Terms of Service
FrontServe.com is
owned and operated by Centrix Web Hosting, LLC therefore, this document will
address the Company as Centrix Web Hosting, LLC.
Centrix Web Hosting, LLC agrees
to furnish Services to the Subscriber, subject to the Terms of Service (TOS). Use of
Centrix Web Hosting, LLC Service constitutes acceptance and agreement to Centrix
Web Hosting, LLC's Terms of Service (TOS,
this Agreement).
The
TOS
may be changed from time to time at the discretion of the Business. Subscriber
understands that change to the AUP by the Business shall not be grounds for
nonpayment. Centrix Web Hosting, LLC is the owner of FrontServe.com and
OPHosting.net.
Illegal Activities: The TOS specifically prohibits the use of
our Services for illegal activities. Therefore, Subscriber agrees that the
Business may disclose any and all subscriber information including assigned
Internet Protocol (IP) addresses, account history, account use, etc. to any law
enforcement or government agent who makes a written request without further
consent or notification to the client. In addition Centrix Web Hosting, LLC
shall have the right to terminate all Service set forth in this Agreement.
Rates: Subscriber acknowledges that the nature of the
Service furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Business may prospectively change the
specified rates and hosting accounts from time to time on its Web site. Any
Subscriber who has signed up at a certain monthly pricing rate and hosting
specification size will remain on that pricing/specification for a time period
of at least six months from signup. Of course, you may upgrade to a new hosting
offer during this time, if required. Our advertised hosting plans may increase
or decrease in price at anytime depending on the current market.
Payment: Establishment of this Service is dependent upon
receipt by the Business of payment of stated charges. Subsequent payments are
due on the anniversary date of the month depending of course on how often the
account is billed, i.e. the plan billing schedule. The above applies to all
hosting accounts/services provided by Centrix Web Hosting, LLC.
Payments & Fees: Service will be interrupted on accounts
that reach seven days past due without a response from that client with an
explanation of the billing problem (each case will be evaluated and this period
could be as long as thirty days without interruption) Accounts that are not
collectable by Centrix Web Hosting, LLC may be turned over to an outside
collection agency for collection. If your account is turned over for collection,
you agree to pay the Business a "Processing and Collection" Fee of not
less than $5.00 USD and no more than $50.00 USD.
Refund & Disputes: If during the first thirty (30)
days as a Centrix Web Hosting, LLC Subscriber, we do not provide the Services we
offer to a satisfactory level of uptime, you can cancel your account and we will
refund your money in full for that month's Service if the reason is VALID. This
constitutes our "money back" guarantee. Not being bothered to use a
hosting account or being unable to change your domain name servers (DNS) on your
domain name will not be considered valid reasons for a refund. Basically refunds
will ONLY be given for a sub standard percentage of uptime, customer support or
server performance provided by us. Note: Any domain name purchased at our site
is final. Domain registrations will not be refunded.
Failure to Pay: The Business may temporarily deny Service
or terminate this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus any collection fees involved.
Account Cancellation: All requests to cancel accounts
can be sent to us via e-mail here.
You must provide all account information to cancel (including full name, hosting
plan, etc). Hosting clients must contact us and request to cancel. No refunds
for month(s) of hosting will be given on accounts that the client has decided
they were not using the account anymore and should not of had to pay for those
months. It is your responsibility to cancel your hosting account if its no
longer required or being used by yourself, not ours. Subscriber will not be
refunded for months were you did not cancel (using the account or not). However,
certain discounts may be applied to other Service types Business provides on a
case-by-case basis. All accounts canceled will receive a cancellation
confirmation e-mail within twenty-four (24) to forty-eight (48) hours.
Subscriber
acknowledges that the Service provided is of such a nature that Service can be
interrupted for many reasons other than the negligence of the Business and that
damages resulting from any interruption of Service are difficult to ascertain.
Therefore, Subscriber agrees that the Business shall not be liable for any
damages arising from such causes beyond the direct and exclusive control of the
Business. Subscriber further acknowledges that the Business'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 the Business be liable for any special or consequential damages,
loss or injury. Subscriber acknowledges that Centrix Web Hosting, LLC can cancel
your account at anytime and/or stop providing its Services to you. Examples of
this would be threats, blackmail, spamming, mailbombing, slander, fraud and/or
offensive behavior.
Refusal of Service: Centrix Web Hosting, LLC reserves the right
to refuse, cancel, refund or suspend client's hosting Service at our sole
discretion.
Support Boundaries: Centrix Web Hosting, LLC provides technical
support to Subscriber. We limit our technical support to our area of expertise
and our own Services. The following guidelines apply when providing support:
Centrix Web Hosting, LLC provides support related to your hosting type. Centrix
Web Hosting, LLC may or may not offer technical support for application specific
issues such as CGI programming, PHP scripts, or any other such issue. Centrix
Web Hosting, LLC may or may not offer technical support regarding third-party
software. We encourage you to contact
us for assistance.
SPAM and Unsolicited Commercial E-mail (UCE):
Centrix Web Hosting, LLC takes a zero tolerance approach to the sending of
Unsolicited Commercial E-mail (UCE) or SPAM using our server(s). Very simply
this means that customers of Centrix Web Hosting, LLC may not use or permit
others to use our server(s) to transact in UCE. Subscribers of Centrix Web
Hosting, LLC may not host, or permit hosting of, sites or information that is
advertised by UCE from other networks. Violations of this policy carry severe
penalties, including termination of Service. Spam e-mail sent from other servers
that includes your domain or subdomain on our server is regarded as spamming
from our server and there is no difference. Serious spam complaints will result
in the offending domain name being deleted at once. Quite simply, do not send
spam e-mail from our server or anyone else's server.
Violation of Centrix Web Hosting, LLC's SPAM policy will result in severe
penalties: Upon notification of an alleged violation of our
SPAM policy, Centrix Web Hosting, LLC will initiate an immediate investigation
(within twenty-four to forty-eight hours of notification). During the
investigation, Centrix Web Hosting, LLC may restrict customer access to the
server to prevent further violations. If a customer is found to be in violation
of our SPAM policy, Centrix Web Hosting, LLC may, at its sole discretion,
restrict, suspend or terminate customer's account. Centrix Web Hosting, LLC will
notify law enforcement officials if the violation is believed to be a criminal
offense.
Server Backups: Centrix Web Hosting, LLC Web server backups
can only restore the entire server data at once, i.e. a total hard drive. Web
server backups are run nightly. We cannot guarantee that we can restore single
files that you have deleted by accident. It is always best to keep a fresh
backup of your Web site, MySQL databases, etc. on your own computer no matter
where you host your Web site. Backups are done once a day, and manually at least
once (1) per week. While we try our best to protect your data, we cannot be held
liable for any data loss.
IP Address Ownership: If Centrix Web Hosting, LLC
assigns Subscriber an Internet Protocol (IP) address for Subscriber's use, the
right to use that Internet Protocol address shall belong only to Centrix Web
Hosting, LLC, and Subscriber shall have no right to use that Internet Protocol
address except as permitted by Centrix Web Hosting, LLC in its sole discretion
in connection with the Services, during the term of this Agreement. Centrix Web
Hosting, LLC shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Subscriber by Centrix Web Hosting,
LLC, and Centrix Web Hosting, LLC reserves the right to change or remove any and
all such Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN policies. These
policies state that use of IP addresses for IP based virtual hosts will not be
accepted as justification for new IP addresses. What this means to you is that
you MUST use name-based hosting where possible. We will periodically review IP
address usage, and if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting.
Bandwidth & Disk Usage: Subscriber agrees that
bandwidth and disk usage shall not exceed the number of megabytes/gigabytes per
month for the Services ordered by Subscriber (the "Agreed Usage").
Centrix Web Hosting, LLC will monitor Subscriber's bandwidth and disk usage.
Centrix Web Hosting, LLC 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 Centrix Web Hosting, LLC's sole and absolute
discretion. If Centrix Web Hosting, LLC takes any corrective action under this
section, Subscriber shall not be entitled to a refund of any fees paid in
advance prior to such action.
Account Domain/subdomain Name Changes: If you decide that you
want to change the domain/subdomain name hosted with us, then you will be
responsible for moving any content from your old domain/subdomain to the new
one. We may or may not assist you with the move. In addition, accounts cannot be
switched from one control panel type to another.
System & Network Security: Users are prohibited from
violating or attempting to violate the security of Centrix Web Hosting, LLC
servers. Violations of system or network security may result in civil or
criminal liability. Centrix Web Hosting, LLC will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations. These
violations include, without limitation:
-Accessing
data not intended for such User or logging into a server or account, which such
User is not authorized to access.
-Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
-Attempting to interfere with Service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
-Forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
Taking
any action in order to obtain Services to which such User is not entitled.
Notification of Violation: Centrix Web Hosting, LLC is
under no duty to look at each customer's or user's activities to determine if a
violation of the AUP has occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related activities.
First Violation: Any User, which Centrix Web Hosting, LLC
determines to have violated any element of this Acceptable Use Policy, shall
receive an e-mail, warning them of the violation. The Service may be subject at
Centrix Web Hosting, LLC's discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
Second Violation: Users that Centrix Web Hosting, LLC
determines to have committed a second violation of any element of this
Acceptable Use Policy shall be subject to immediate suspension or termination of
Service without further notice.
We
reserve the right, to drop the 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
contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation: Centrix Web Hosting, LLC
reserves the right to suspend server access to any customer if in the judgment
of the Centrix Web Hosting, LLC network administrator(s) the customer's server
is the source or target of the violation of any of the other terms of the AUP or
for any other reason which Centrix Web Hosting, LLC chooses. If inappropriate
activity is detected, all accounts of the Subscriber in question will be
deactivated until an investigation is complete. Prior notification to the
Subscriber is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the
customer's accounts were suspended. Centrix Web Hosting, LLC can and will cancel
a hosting account if the client is deemed rude/offensive to members of Centrix
Web Hosting, LLC staff (time will be provided for removal of files between
twenty-four to seventy-two hours depending on the individual circumstances).
Centrix Web Hosting, LLC reserves the right to amend its policies at any
time: All hosting accounts of Centrix Web Hosting, LLC must adhere to the
above policies. Failure to follow any term or condition will be grounds for
immediate Cancellation. If others beside yourself use or have access to your
hosting account or Services, you will be held responsible for their actions in
the matter described in this Agreement.
Indemnification:
Centrix Web Hosting, LLC wishes to emphasize that in agreeing to the Centrix Web
Hosting, LLC Acceptable Use Policy (AUP) and Terms of Service (TOS), customer
indemnifies Centrix Web Hosting, LLC for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (TOS) that results in loss to Centrix Web
Hosting, LLC or the bringing of any claim against Centrix Web Hosting, LLC by
any third-party. This means that if Centrix Web Hosting, LLC is sued or served a
lawsuit because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against Centrix Web Hosting, LLC plus all
costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information of/for yourself. E-mail, fax, and
telephone contacts are used, in that order of preference.
A
waiver by the Business of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber
shall not transfer or assign this Agreement without the prior written consent of
the Business. Business may assign Agreement at anytime without consent from or
notice to Subscriber. Business reserves right to cancel customer's rights under
this contract at anytime without further obligation.
Centrix
Web Hosting, LLC is not responsible for the content of any other Web sites,
bots, worlds or object paths linked to the Centrix Web Hosting, LLC servers;
links are provided as Internet navigation tools only. Centrix Web Hosting, LLC
disclaims any responsibility for any such inappropriate use and any liability to
any person or party for any other person or party's violation of this policy.
Centrix
Web Hosting, LLC is not responsible for any damages you and/or your business may
suffer. Centrix Web Hosting, LLC does do not make implied or written warranties
for any of our Services.
Centrix
Web Hosting, LLC cannot guarantee that our Web site is free of typographical or
other types of errors.
It
is absolutely forbidden to host pornographic content on Hosting Accounts.
Hosting Accounts found hosting this material will be subject to immediate
cancellation without refund.
Responsibility for Content: You, as Centrix Web Hosting,
LLC's customer, are solely responsible for the content stored on and served on
Centrix Web Hosting, LLC's server(s).
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