Terms Of Service

 

Agreement between Fiber Hosting Solutions, Inc. AND Customers

 

 

1        Acceptance of Terms

a.      This TERMS OF SERVICE AGREEMENT hereafter known as TOS is made with and entered into by and between Fiber Hosting Solutions, Inc. (“FHS”) and _________________________________ (“customer”).   By using HostOnFiber.com services you agree to be bound by all the terms and conditions set forth below without modification.

2        Services Offered

a.      Fiber Hosting Solutions, Inc. represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible.

3        Financial Arrangements

a.      Billing shall take place on a monthly basis, on a day established during the sign-up process.

b.      All accounts are billed according to statistics maintained by our proprietary internal infrastructure.

c.      Service Charges will be billed as they are incurred, this includes but is not limited to:

                                                               i.      Monthly Fees

                                                             ii.      Domain Registration Fees

d.      Cancellations will take effect on the bill date immediately following written notification by the customer.  No refunds or discounts will be given for lapsed time therein.

e.      In the event that a customer either mistakenly signs up for our hosting service or is mistakenly billed, refunds can be requested within 31 days of purchase. Requests for refunds after that 31 day period can be negiotated under certain circumstances.

4        Taxes

a.      Fiber Hosting Solutions, Inc. shall not be liable for any taxes or other fees to be paid in accordance or with or related to purchases made from customer or Fiber Hosting Solutions, Inc.  Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

5        Services & Products

a.      Customer will provide material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Fiber Hosting Solutions, Inc.  FHS shall make no effort to validate this information for content, correctness, or usability.

b.      Fiber Hosting Solutions, Inc.’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software.  This level of knowledge varies depending on the anticipated use and desired content of the Customers Web space by the Customer.  The following examples are offered:

                                                               i.      Web Publishing:  requires a knowledge of HTML, properly locating and linking documents, FTPing Web space contents, graphics, text, Sound, image mapping, etc.

                                                             ii.      CGI-Scripts:  requires a knowledge of the UNIX environment,  PERL, CSShell scripts, permissions, etc.

c.      The customer agrees that he or she has the necessary knowledge to create customer’s own web space.  Customer agrees that it is not the responsibility of Fiber Hosting Solutions, Inc. to provide this knowledge or customer support outside of the defined service of FHS web hosting.

d.      Fiber Hosting Solutions, Inc.  is not responsible whatsoever for the content of the information passing through the network.

e.      Fiber Hosting Solutions, Inc.  Makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.  FHS also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damage that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the customer.  Use of any information obtained by way of FHS web hosting is at the customers own risk, and FHS specifically denies any responsibility for the accuracy or quality of information obtained through its services.  Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth.  FHS expressly limits its damages to the customer for any non-accessibility time or down time to the pro-rata monthly charge during system unavailability.

f.        Customer agrees to make use of Fiber Hosting Solutions, Inc. Servers primarily for the purpose of hosting a website and associated e-mail functions.  Servers are shared with other customers, and as such, IRC-related activities or severely CPU intensive CGI scripts (E.g. Chat scripts, scripts which have bugs causing them to not close properly after being run) are prohibited.  IRC bots specifically may not be run on any Fiber Hosting Solutions, Inc. server, and if your processes are adversely affecting server performance disproportionately, FHS reserves the right to negotiate additional charges with the customer and/or discontinue the offending processes.

g.      Fiber Hosting Solutions, Inc. specifically denies any responsibilities for any damages arising as a consequence of such unavailability, In the event that this material is not “server-ready”, FHS may, at its option at any time, reject this material, including but not limited to after it has been put on FHS’s server.  FHS agrees to notify customer immediately of its refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of FHS.  If the customer fails to modify the material as directed by FHS, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

6        Trademarks and Copyrights

a.      Customer warrants that it has the right to use the applicable trademarks, if any.

7        Hardware, Equipment, & Software

a.      Customer is responsible for and must provide all telephone, customer, hardware and software equipment and services necessary to access Fiber Hosting Solutions Servers.

b.      Fiber Hosting Solutions, Inc. makes no representations, warranties, or assurances that the customer’s equipment will be compatible with FHS services.

8        Age

a.      Customer certifies that he or she is at least 18 years of age.

9        Acceptable Content and Use

a.      Customer may not transfer any illegal or inappropriate content through the servers and or network connection of Fiber Hosting Solutions, Inc.  This includes but is not limited to:

                                                               i.      Unsolicited Commercial E-mail or “SPAM”

                                                             ii.      Pornographic Material

                                                            iii.      Intellectual property not specifically belonging to the customer.  This includes but is not limited to:

1.      Music

2.      Software

3.      Images

b.      Fiber Hosting Solutions, Inc. has the right to immediately deny a customer service at it’s own discretion without notice.

10    Limited Liability

a.      Customer expressly agrees that use of Fiber Hosting Solutions, Inc.’s servers is at customer’s sole risk.  Neither FHS, or its employees, affiliates, agents, third party information providers, merchants, licensers, or the like warrant that FHS server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the server service as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the FHS server service, unless otherwise expressly stated in this contract.

b.      Under no circumstances, including negligence, shall Fiber Hosting Solutions, inc., its offices, agents or anyone else involved in creating, producing, or distributing FHS’s server service be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the FHS server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission of any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to FHS’s records, programs or services.  Customer hereby acknowledges that this paragraph shall apply to all content on Fiber Hosting Solutions, Inc.’s server service.

c.      Not withstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise shall not exceed the aggregate amount which customer paid during the term of this contract and any reasonable legal fee and court costs.

11    Scope of Document

a.      This document shall remain in effect so long as customer is still an active in good standing client of Fiber Hosting Solutions, Inc.

12    Authorization For Billing

a.      By submitting a request for service to Fiber Hosting Solutions, Inc., the customer expressly permits Fiber Hosting Solutions, Inc. to charge all appropriate fees and charges to customer’s credit card as kept on file by Fiber Hosting Solutions, Inc.