1.Disagreement.
If you do not agree to the terms of this document,
or any of FeaturedHost's policies or guidelines, do not check
the Acceptance Checkbox and your Plan(s) will not be created.
If you do not agree to the terms of any modification to ANY FeaturedHost
document, immediately notify us. Failure in doing so will be treated
as your acceptance.
2.Modification Agreement.
FeaturedHost reserves the right to change or modify any of the
terms and conditions contained on this document and any policy
or guideline incorporated by reference at any time. From time
to time it is at FeaturedHost reserves, in it's sole discretion,
the right to determine whether and when any such changes apply
to both existing or future customers. Any changes or modification
will be effective upon posting to FeaturedHost's website. FeaturedHost
will only post a notice of any revisions or changes to this document
for thirty 30 days in the Control Panel of FeaturedHost's website
/ alternatively mail you of the same. FeaturedHost may change
or modify ANY policies or guidelines without notice to you. Your
continued use of FeaturedHost's Plan(s) will be the reflection
of your cooperation and acceptance of any changes or modifications.
3.Term. (i) 30 Days Terms
- This agreement will be for the "term" of 30 days,
beginning from the moment you register for the Plan(s). This agreement
and your Plan(s) will be automatically renewed at the expiration
of the term unless you followed the instructions described in
the Termination Policy below. (ii) 12 or 24 Months Terms - This
agreement will be for the "term" of twelve (12) or twenty-four
(24) months, beginning from the moment you register for the Plan(s).
This agreement and your Plan(s) will be renewed automatically
at the expiration of the term unless you followed the instructions
described in the Termination Policy below
4.Payment. All charges for
your Plan(s) must be paid in advance according to the most current
price of the Plan(s). Upon registration, you must pay for your
Plan(s) by credit card or personal check (when specifically mentioned
in the contract) . Upon paying for your Plan(s), you thereby grant
permission to FeaturedHost to charge any fees in accordance with
your Plan(s). If you choose to pay by check, you authorize FeaturedHost
to automatically transfer money from your checking account, without
invoice, via the transit and routing numbers you will supply or
have supplied in the order form. If you pay by credit card, you
must notify FeaturedHost of any changes (including, but not limited
to the, number, expiration, cancellation of your card, and your
billing address) to your card that may prevent FeaturedHost from
billing you.
5.Charges. You will be charged
additional nonrefundable fees in the event that you used excessive
services including, without limitation, additional bandwidth,
file transfer in excess of Plan(s) limits, or megabytes space.
You agree to pay for any and all charges that may coincide with
the usage of your Plan(s) at the then current FeaturedHost prices,
which shall be subject to any applicable taxes. You are responsible
for the payment of all taxes of any nature including, without
limitations, federal, state and local sales, use, value added,
excise and duty taxes irrespective of which party may be responsible
for collecting or reporting such taxes. You are only not liable
for paying taxes on FeaturedHost's income.
6.Lateness. If your payment
is received late, you may be responsible for paying a late charge
of $10 per month for delayed payments. Your Plan(s) may remain
suspended until payment is received by FeaturedHost from you.
If your Plan(s) is left unpaid for 60 days, your Plan(s) may be
terminated. A termination under this condition, or any other,
will not relieve you from paying any past due fees plus interest
that have accrued prior to the termination. In the event of collection
enforcement, you will be liable for any costs, including, without
limitation, attorneys' fees, court costs, and collection agency
fees. Any Plan(s) terminated or suspended will result in requirement
of a reconnection fee in the amount of $35. 7.30
Day-Money Back Guarantee. You have a 30 day guarantee
which will only apply to shared hosting Plan(s). If you do not
feel FeaturedHost has delivered the business you expected, you
may terminate this agreement within the first 30 days from your
initial order date, and receive a refund for the agreed upon
monthly Plan(s) fee and shall exclude, without limitation, the
refund of any or all setup fees, software purchases, or promotional
discounts, etc... To receive the refund, you must terminate
your Plan(s) in the manner described in the Termination Instructions
below and discontinue your uses of the Plan(s), and FeaturedHost
must receive this notice within the first 10 day period of your
Plan(s). You also agree to provide FeaturedHost with a valid
description of why you are not satisfied with FeaturedHost's
Plan(s).
8.Plan(s) Usage. The Acceptable
Usage Policy dictate the general policies and procedures for
the use of the Plan(s). FeaturedHost's Online Privacy Statement
informs the customer of how FeaturedHost will collect, store,
process and use the information associated with the use of your
Plan(s). FeaturedHost's Privacy Policy is located on FeaturedHost's
website and may be updated at any time. You should carefully
read the Guidelines, as by registering for hosting you will
be bound by the Guidelines and any modifications made to said
document. FeaturedHost reserves the right to terminate your
Plan(s) without prior notice if you, in any way, should violate
any part of the Guidelines or this Agreement.
9.Content Requirement. Use
of the Plan(s) requires a certain amount of knowledge in the
use of Internet Programming Languages, protocols and software,
etc... This knowledge will vary depending on the usage and content
level of your website. You or your webmaster must have the knowledge
necessary to maintain your website, as it is not FeaturedHost's
responsibility to advise, teach, supply or provide any such
knowledge or customer support outside of the Plan(s) agreed
to you by FeaturedHost
10.Usage of allotted Resources.
You agree that the use of the Plan(s) will not exceed the server
resources (bandwidth, storage, e-mail usage) allotted to your
Plan(s). If you use any resources that surpass the percentage
or megabytes agreed upon, or if you exceed E-mail storage and
attachment size limitations, FeaturedHost may, in its sole discretion,
apply additional charges, suspend the Plan's usage, or terminate
this agreement. In the event that FeaturedHost elects to take
corrective action, you will not be entitled compensation for
any used or unused prepaid fees.
11.Quality of Service. FeaturedHost
will make its best efforts to provide quality, and uninterrupted
services but this is not a guarantee. FeaturedHost will not
be responsible for any damages caused by service interruption,
temporary delay, or outages of the Plan(s).
12.Employee Solicitation. You
agree not to approach FeaturedHost's employees with proposal
to hire them as his own employees or contractors. If you were
to hire any of FeaturedHost's employee, you agree to pay FeaturedHost
for each employee the greater amount of three year's salary
for that employee or $300,000
13.Limited Liabilities.
Under no circumstances, including, without limitation, negligence
or other tort, principles of contract, warranty, breach of any
statutory duty, principles of indemnity or contribution, the
failure of any limited or exclusive remedy to achieve its essential
purpose or otherwise, shall FeaturedHost in creating, producing
or distributing the Plan(s) there under be liable to you for
any indirect, special, consequential, incidental or exemplary
damages including, without limitation, to damages for lost profits,
loss of use, lost of data, errors, defects, phone bills, communication
lines bills, loss of privacy, damages to third party even if
FeaturedHost has been advised of the possibility of such damages.
In no event will FeaturedHost or its suppliers have any liability
for unauthorized access to, theft or destruction of any content
made available for distribution by the Plan(s) through fraud
or devices.
14.Indemnification. You
agree that you shall defend by counsel reasonably accepted by
FeaturedHost, protect and hold FeaturedHost harmless from and
against any and all demands, liabilities, losses, costs, expenses,
claims, including reasonable attorneys' and consultants' fees
and court costs, demands, causes of action, or judgment directly
or indirectly arising out of or related to the Plan(s) provided
FeaturedHost to you.
15.Disclaimer. You acknowledge
and agree that FeaturedHost accepts no responsibility or liability
for, and employs no control over, the content of the information
passing through FeaturedHost's host servers, network hubs, or
the Internet. All services performed there under are performed
"as is" and without warranty against failure of performance
including, without limiting to, any failure due to computer
hardware or communication systems. Except as expressly provided
in this Agreement, FeaturedHost does not make and hereby disclaims,
and you hereby waive all reliance on, any representations or
warranties, arising by law or otherwise, in reference to the
Plan(s), including, but without limiting to, implied warranties
of merchantability, fitness for a particular purpose, non-infringement,
or developing from course of dealing, course of performance,
or usage in trade.
16.Automatic
Plan(s) Upgrade. FeaturedHost may automatically upgrade
Plan(s) without notice if the prices for the same Plan(s) change
for monthly Plan(s)
17.Termination Instructions.
To terminate your Plan(s) you must follow these instructions.
Any other forms of termination will not be acceptable. You must
provide FeaturedHost with notice of a termination at least 7
days before the end of the Term by e-mail containing the following
pieces of information 1)Domain name, 2)Account ID number 3)Account
Password. FeaturedHost will then ask you for customer identification
information so that we can properly identify you. Once we receive
your Notice of Termination we will send you a confirmation e-mail
containing a confirmation code. If your Plan(s) was billed in
error after termination, credit will only be given to you if
you have a valid confirmation code. Any attempts to cancel by
telephone voice messaging system will be rejected and billing
will continue until these instructions have been followed. Any
and all data and/or material placed by you to FeaturedHost's
equipment may be deleted upon termination. FeaturedHost is not
obligated to back-up any of this data and/or material after
a Notice of Termination. If you reregister after your Plan(s)
was made, any and all dues and fees paid up to date regardless
of services rendered will be forfeited.
18.Liabilities and Obligations on Termination.
If the Agreement expires or is terminated for any reason, FeaturedHost
is not liable to you because of such an expiration or termination
for compensation or reimbursement on Plan(s) of the loss of
prospective profits, anticipated sales, goodwill or on Plan(s)
of any investment, relation to, or association with your business
or for any other reason resulting from your termination or expiration.
Any termination of this Agreement will not deem you exempt from
past due invoices or fees that have acquired prior to the termination
of this Agreement owed by you to FeaturedHost as provided in
this Agreement. FeaturedHost reserves the right to refuse service
to anyone and terminate any Plan(s) without reason with 10 days
notice
19.Violations. Failure to
follow FeaturedHost's Agreement, policies, guidelines (collectively
called "Conditions") will result in cancellation of
your Plan(s). FeaturedHost will be the sole arbiter as to what
constitutes a violation of the Conditions. FeaturedHost reserves
the right to remove any Plan(s) without prior notice. FeaturedHost
may investigate any reported violation of the Conditions or
any complaints and take any action that it deems appropriate
and reasonable to protect its systems, facilities, and/or third
parties.
20.Refund Policies. You
and FeaturedHost agree that there will be no monetary compensation
for terminated Plan(s)/services regardless of the reason. No
Refund or prorated.
21.Actions. FeaturedHost
reserves the right to restrict or remove any content from its
equipment that violates the Conditions, or is objectionable,
or infringing on any third party's rights or in potentially
violation of any laws. In the event that FeaturedHost becomes
aware of the violation of the Conditions, a third party's rights
or laws, FeaturedHost may immediately take corrective action
which may include, but not be limited to, (1) restricting the
Plan(s), (2) suspending or terminating the Plan(s), (3) restricting
or prohibiting any and all use of FeaturedHost's equipment,
and/or (4) pursue other civil remedies. The above stated rights
however does not obligate FeaturedHost to monitor or exert control
over the information made available through the Plan(s). FeaturedHost
will not be obligated to refund you any fees or charges paid
in advance for corrective actions due to possible violations
of the Conditions
22.Disclosure. FeaturedHost
may reveal any information it deems necessary or appropriate,
including, without limitation, user profile (e.g. name, e-mail
address, etc...), usage history, material contained on FeaturedHost's
system in order to abide by any applicable laws, lawful governmental
requests, to protect FeaturedHost's systems and customers, or
to provide and protect the quality, functionality, and integrity
of FeaturedHost's business and equipment. FeaturedHost reserves
the right to report any activities that it suspects violates
any laws or regulations to the appropriate law enforcement officials,
regulators or any other appropriate third parties.
23.Compensation. You agree
to compensate, FeaturedHost and its affiliates and suppliers
(and their respective employees, directors and representatives)
for any and all expenses, including, without limitation, all
claims, actions, proceedings, suits, liabilities, fines, and
attorneys' fees, incurred by FeaturedHost or it's suppliers,
arising out of or relating to (1) your violation or breach of
any agreement, terms, representation or warranty of this Agreement
or any applicable policy or guideline; (2) your improper or
illegal use of the Plan(s); or (3) your violation, alleged violation,
or misappropriation of any intellectual property right (including,
but not limited to, trademark, copyright, patent, trade secrets)
or nonproprietary right of a third party.
24.Uptime Guarantee. FeaturedHost
guarantees it's servers to be in operational order 99% of the
year. This policy covers the following outages only; software
update or installation, hardware installation or maintenance,
bandwidth downtime and system reboots or other instances seen
fit by FeaturedHost. This does not include any of the specific
instances, customer negligence of uploading techniques, improper
DNS settings, Domain expiration, customer errors made in the
control panel or any other customer caused issue. Downtime compensation
will be given if FeaturedHost's server has been offline for
a n extended period of time and deemed that compensation is
authorized by the billing and support departments. Compensation
will be for the portion of time that the server has experienced
the lapse in service. If FeaturedHost does not comply with the
99% uptime for the year, one month of service will be placed
on the account.
25.Entire Agreement. This
agreement in addition with and to all policies and guidelines
incorporated herein by reference, constitutes the entire agreement
and contract between you and FeaturedHost and supersedes any
and all prior and contemporaneous, oral or written representations,
communications, understandings and agreement between you and
FeaturedHost with respect to the subject matter hereof, all
of which representations, communications, understandings and
agreements are hereby canceled to the extent they are not specifically
merged herein. You agree that you are entering into this entire
agreement on the basis of any representations or promises not
expressly contained in the entire agreement.
26.Advertising. FeaturedHost
may, free of any obligation to compensation, payment or reward,
use your name and refer to you as a client, in advertising,
publicity, or similar materials distributed or displayed to
current or prospective clients.
27.Laws. The entire agreement
shall be governed by the laws of the United States and the state
of California and its validity constructions, interpretation
and legal effect shall be governed by the laws and judicial
decisions of the State of California applicable to contracts
entered into and performed entirely within the State of California.
You shall at all times accord with all applicable laws and regulations
and shall protect and save FeaturedHost harmless from your failure
to stray from accordance. You agree that FeaturedHost shall
not have to perform any obligations set forth in this Agreement
if such performance would violate any present or future law,
regulation or policy of any applicable government. You shall
not use the Plan(s) in any way that violates U.S. export laws,
including without limitation, uses related to the distribution
of weapons of mass destruction, prohibited chemical, biological,
or nuclear weapons or missile use. You agree that you are not
located in, under control of, or a national or resident of any
country restricted as a destination by U.S. law or on the US
Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce's Table of Denial Orders.
28.Severability. If any
provisions of the entire agreement shall be unlawful, void,
or for any reason, unenforceable, it shall be deemed severable
form and shall in no way affect the validity or enforceability
of, the remaining provisions of the entire agreement, which
shall remain valid and enforceable according to its terms. If
it is deemed severable form, the liability of FeaturedHost and
its suppliers to you will be limited to the amount actually
paid to FeaturedHost by you under this agreement during the
three (3) months preceding the date on which the claim accumulated.
This limitation applies to all causes of action in the aggregate
including, but not limiting, to breach of contract, breach of
warranty, negligence, strict liability, misrepresentations,
and other damages. The fees for the Plan(s) set by FeaturedHost
have been and will continue to be based upon this allocation
risk. Accordingly, you hereby release FeaturedHost and its suppliers
from any and all obligations, liabilities, and claim beyond
the limitation stated in this section.
29.Warranties and Representation.
You warrant and represent to FeaturedHost that you are (1) at
least eighteen 18 years of age; (2) you possess the legal right
and ability to enter this agreement; (3) you will use the Plan(s)
only for lawful purposes and remain in accordance with this
Agreement and all policies and guidelines that may apply; (4)
you will be financially responsible for your Plan(s); (5) you
have acquired, or will acquire all necessary arrangements for
hypertext links to a third party Web sites or other content;
(6) you have verified or will verify the accuracy of materials
distributed or made available through use of the Plan(s), including,
without limitation, your content, claims, warranties, guarantees,
nature of business, and address where business is conducted,
and (7) your content does not infringe or violate any right
of any third party (including intellectual property rights)
or violate any applicable law, regulation or ordinance.
|