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FB-TOS-201

Terms Of Service


IMPORTANT NOTICE: All Payments To FirebirdHost.com (hereinafter called "Web Host") Are Non-Refundable unless they fall under the 30 Day Money Back Guarantee!

Web Host agrees to furnish services to the client, subject to the following TOS (Terms of Service).

Use of Web Host Service constitutes acceptance and agreement to Web Host's AUP (Acceptable Usage Policy), Web Host's TOS (Terms of Service) as well as Web Host SLA (Service Level Agreement).

All provisions of this contract are subject to the TOS (Terms of Service) of Web Host, AUP (Acceptable Use Policy) and Web Host (Service Level Agreement). The AUP may be changed from time to time at the discretion of Web Host. Client understands that change to the AUP by Web Host shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Massachusetts, county of Middlesex applicable to contracts enforceable in that state. Venue will be Middlesex County, Massachuesetts.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that Web Host may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition Web Host shall have the right to terminate all service set forth in this Agreement.

Service Rates: Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that Web Host may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Web Host achieving and maintaining its cost of service goals including but not limited to rates charged to Web Host by its suppliers.

Payment: Establishment of this service is dependent upon receipt by Web Host of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by Web Host will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Web Host a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.


Refund and Disputes: All payments after the initial 30 days of service to Web Host, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Web Host's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Web Host an "Administrative Fee" of not less than $50 and not more than $150.


Failure to Pay: Web Host may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Web Host Attn: Cancellations, 8 Windsor St, #2, Arlington, MA 02474. You must have all account information to cancel.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Web Host and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that Web Host shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Web Host. Client further acknowledges that Web Host's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Web Host be liable for any special or consequential damages, loss or injury.

Support Boundaries: Web Host provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Web Host provides support related to your web site or functioning. Web Host does not offer tech support for application specific issues such as cgi programming, html or any other such issue. If you can email, we encourage you to email support@FirebirdHost.com for assistance. Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Web Host is required to login to your web site to provide support, system administration fees can be applied to your account.

SPAM and Unsolicited Commercial Email (UCE): Web Host takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Web Host may not use or permit others to use our network to transact in UCE. Clients of Web Host 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.

Violation of Web Host's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Web Host will initiate an immediate investigation (within 48 hours of notification). During the investigation, Web Host may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Web Host may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Web Host reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Web Host will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Web Host personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

Adult content: Adult content, pornography and sex-related merchandising, or links to such material, even if legal.


As our Clients are ultimately responsible for the actions of their clients over the Web Host network, it is advisable that Clients develop a similar, or stricter, policy for their clients.


Network
IP Address Ownership: If Web Host assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Web Host, and Customer shall have no right to use that Internet Protocol address except as permitted by Web Host in its sole discretion in connection with the Services, during the term of this Agreement. Web Host shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Web Host, and Web Host 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's new policies. These new 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 Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Web Host website. Web Host will monitor Customer's bandwidth via MRTG. Web Host shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. 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 Web Host's sole and absolute discretion. If Web Host takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Web Host may, at its sole discretion, collect a deposit, in an amount determined by Web Host, against customer's credit card on file with Web Host.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Web Host Network. Violations of system or network security may result in civil or criminal liability. Web Host 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.

Addition of IP addresses that have not been specifically assigned to them.

Notification of Violation: Web Host 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 Web Host determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Web Host's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Web Host 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 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 contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Web Host reserves the right to suspend network access to any customer if in the judgment of the Web Host network administrators the customer's web site is the source or target of the violation of any of the other terms of the AUP or for any other reason which Web Host chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer 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 machines were suspended.

Web Host reserves the right to amend its policies at any time. All clients, Sub-Networks, resellers and managed web sites of Web Host must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Web Host wishes to emphasize that in agreeing to the Web Host Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Web Host for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Web Host or the bringing of any claim against Web Host by any third-party. This means that if Web Host is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Web Host, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by Web Host of any breach of any provision of this Agreement by Client 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.

Client shall not transfer or assign this Agreement without the prior written consent of Web Host. Web Host may assign Agreement at anytime without consent from or notice to Client. Web Host reserves right to cancel Clients rights under this contract at anytime without further obligation.

Web Host takes no responsibility for any material input by others and not posted to the Web Host Network by Web Host. Web Host is not responsible for the content of any other websites linked to the Web Host Network; links are provided as Internet navigation tools only. Web Host 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.

Web Host is not responsible for any damages your business may suffer. Web Host does not make implied or written warranties for any of our services. Web Host denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Web Host.

Responsibility for Content: You, as Web Host's customer, are solely responsible for the content stored on and served by your web site.

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