F.D.W.H. TERMS OF SERVICE

(.pdf version)

The service that is subject to the following agreement is provided by Free Domain With Hosting Company (herein known as F.D.W.H.) in association Light Touch Designs and Blue Eyes Hosting.
You should be aware that by signing up for an account with F.D.W.H., you agree to position data on our servers, thus making it accessible to
the wide public. In this sense, you accept that it is beyond the power of F.D.W.H. to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on F.D.W.H. servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated F.D.W.H. server space. It is recommendable to avoid publishing personal data that could be abused online. The order form completion represents the electronic signing of this document. You should abide by the Domain Name Registration Agreement, which is an indivisible part of this document.

ENTIRE AGREEMENT; SERVICE AGREEMENT

F.D.W.H. shall provide its Services to You (the Customer) under the Terms and conditions of this Customer Agreement. The Agreement is intended to keep the integrity of both F.D.W.H. and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between F.D.W.H. and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity. Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided "AS-IS" and that F.D.W.H. assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Customer communication or personalization settings.

HOSTING SERVICES

A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. F.D.W.H. offers only web hosting services, not data storage services. A web hosting service consists of the following:

BACKGROUND OPERATIONS/PROGRAMS ON SERVERS

These programs, named cron jobs, can be continuously run by F.D.W.H. in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, F.D.W.H. avoids placing complementary charges upon Customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional F.D.W.H. Services: These services, including but not limited to: Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. F.D.W.H. ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. F.D.W.H. REJECTS ANY IMPLIED WARRANTIES. ANY OF F.D.W.H.' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY F.D.W.H., INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES. All background operations / processes, beside the aforementioned cron jobs, are strictly forbidden.

SERVICE GUARANTEES

F.D.W.H. will guarantee 99.9% F.D.W.H. network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:

SERVER USAGE & HOSTED CONTENT

  • 1. Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a F.D.W.H. Service representative regarding any inquiries over the matter.
  • 2. If any of F.D.W.H. Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated. Unauthorized Access. F.D.W.H. expressly bans the use of any F.D.W.H. hardware or software hosted on a F.D.W.H. server for trying to illegally access another hosted machine or network.
  • 3. Using F.D.W.H.'s temporary URL is not defined as bandwidth stealing. However, Customers are advised to use it temporarily and F.D.W.H. does not bear the responsibility, if we change it afterwards - traffic processing there is not recommendable. It is not recommendable to use F.D.W.H.' temporary URL - scXX.info/scXX.biz - as a basic URL. Users are advised to redirect their traffic to their own domains. Each Customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. F.D.W.H. reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of Customers.

    • CANCELLATION & MONEY BACK

    (Does not apply to month to month packages.)

    CANCELLATION AND REFUND POLICY

  • F.D.W.H. accounts are set up on a prepay basis. F.D.W.H. Customers may decide to cancel their account at any time and get a full refund if the cancellation request is made within 30 days of the official sign-up date according to our Money Back Guarantee Policy. To cancel an account, the Customer must send an e-mail or a support ticket to the Sales Department and provide any authentication credentials requested by F.D.W.H.. Any other form of cancellation request will not be accepted. Any incentives offered to Customers upon sign-up will also be canceled. However, domain name registrations or transfers, service upgrades and web hosting plan renewals are treated as non-refundable services and cannot be canceled or refunded after being activated per Customer request.
    The Customer will be able to transfer his/her domains away to another host. Late cancellations as well as accounts canceled by F.D.W.H. due to TOS violations, in which the Customer decides not to fix the violation, do not qualify for the 30 day money back guarantee. All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer's terms of service. All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your PayPal account and affect your PayPal balance in accordance with the PayPal's terms of service.
  • MONEY BACK GUARANTEE POLICY F.D.W.H. offers a 30-day money back guarantee. In case you are not satisfied with our hosting services, you can submit a refund request via a trouble ticket from the web hosting Control Panel, or an email to Billing Department within 30 days of the account purchase, in order to receive full refund. non-refundable services: all service upgrades and plan renewal services purchased from the web hosting Control Panel, all single-year or multi-year domain registration or transfer services purchased upon sign-up or from the web hosting Control Panel. All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domains TLD, multiplied by the number of years of registration or transfer. The amount that will be credited back to you in accordance with our 30-day money back guarantee will not include the cost of all non-refundable services that have been purchased upon sign-up (i.e. you will be issued a partial refund on the original transaction if you have purchased non-refundable services for your web hosting account) A table containing the annual NON-PROMOTIONAL prices of the domain names offered by F.D.W.H. is located in section 15-b of this legal document.

    • PAYMENT, CHARGEBACKS AND RETURNED CHECKS

  • F.D.W.H. contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with F.D.W.H., Customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, F.D.W.H. will utilize this document as an evidence for the Customer's agreement in cases of a chargeback inquiry on behalf of the Customer based on points that the client tries to refute after he accepted them at the time of the order.
  • F.D.W.H. will charge Customers with fees based on the fee structure at the time of the sign-up process. F.D.W.H. reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list at Blue Eyes Hosting or Light Touch Designs may differ from the pricing and features of the Customer's account.
  • When signing up for an account with F.D.W.H., the Customer agrees to pay for the package duration requested. F.D.W.H. grants Customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended. Chargebacks are not considered as a way of refunding. Any Customer who provides a credit card chargeback in response to a bill or order placed at F.D.W.H. will be subject to collections and legal action. He/she will be charged $50.00 USD, because when signing up with F.D.W.H., Customers accept these terms and conditions, thus agreeing to observe them strictly.

    • WARRANTIES AND REPRESENTATIONS

    F.D.W.H. provides hosting services on an "as is" and "as available" basis without warranties representations for its offering. The company bears no responsibility for connection problems, in cases when Customers' hosting with F.D.W.H. confronts with service interruption issues.

    FREE DOMAIN NAME PROMOTION

    F.D.W.H. offers FREE domain names to Customerss signing up for a yearly web hosting account. This special offer can only be valid for our .com, .net, .org, .info, and .biz TLDs. However, if the money back guarantee option is used, the domain names must be paid ($10.95 per year per domain name)plus the monthly fees times the months used for the signup package, since domain name registrations or transfers are non-refundable services, and cannot be cancelled or refunded after having been activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.

    NO UNLAWFUL OR PROHIBITED USE

    As a condition of your use of the F.D.W.H. Services, you will not use the F.D.W.H. Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any F.D.W.H. Services, other accounts, computer systems or networks connected to any F.D.W.H. Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the F.D.W.H. Services. F.D.W.H.reserves the right at all times to disclose any information as F.D.W.H. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of F.D.W.H.. F.D.W.H. is within the capacity to refuse service to unlawful parties. F.D.W.H. servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, F.D.W.H. expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets. F.D.W.H. management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company's servers. F.D.W.H. servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, satanic materials, and any other materials of an adult nature.

    THIRD PARTY

    Any dealings with third parties (including advertisers) included within the F.D.W.H. Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. F.D.W.H. shall not be responsible or liable for any part of any such dealings or promotions.

    TERMINATION

    You agree that F.D.W.H., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

    SERVICE DENIAL

    F.D.W.H. reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon Customers' failure to pay. The Customer then is considered a debtor to F.D.W.H. and liable for reasonable interest and collection fees.

    YOUR RESPONSIBILITIES

    You are solely responsible for the content of your messages. Using the F.D.W.H. Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited. In consideration of your use of the Service, you agree to:

    SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

    F.D.W.H. provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world. The services for newly signed up clients are activated immediately after our Sales Department gets verification from PayPal or Google Checkout. The payment verification procedure is compulsory and if we fail to get verification the transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled. The services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the corresponding payment.
  • Shared Web Hosting Accounts Timescale. The newly-created shared hosting accounts with F.D.W.H. are valid for the term of the package signup. All other account upgrades, purchased from the web hosting Control Panel, are valid and will be functional till the final expiration date of the corresponding web hosting account or notification from the Custumerto cancel.
  • Domain Name Registration Timescale. F.D.W.H. offers registration of the following TLDs (Top Level Domains), purchased alone or in conjuction with a shared hosting account or ordered separately as an upgrade from the web hosting cPanel. The list below displays the registrationprices:
    • .com @ $10.95 per year
    • .net @ $10.95 per year
    • .org @ $10.95 per year
    • .info @ $10.95 per year
    • .biz @ $10.95 per year

    • SERVICE EXPIRATION AND RENEWAL

    Depending on the Package Purchased the hosting service is active for the terms purchased. After that period of time, the account will be automatically suspended until the Customer renews it by paying the subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for two months, after that it will be permamently deleted. The redemption period is a registry level period of up to 30 days that occurs when a domain name is deleted after it expires without being renewed. Instead of just being deleted and returned to the pool of domain names available for registration, the registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original domain registrant may retrieve the domain name from deletion for an additional fee by contacting the registrar. This extra 30-day period extends the time available to renew expired domain names. However, all names that enter the redemption period are removed from the zone files (the list of domains currently in the global DNS); therefore, any web site or e-mail services associated with the domain name will stop working. After the 30-day redemption period there is a 5-day pending delete phase. When a domain is in this phase no one can retrieve the domain and it cannot be registered. After the 5-day pending delete phase the registry will release the domain name back into the public pool of available domain names. We strongly recommend that you renew your domain registration before the domain name is placed in redemption. If your domain name is placed into redemption, we cannot prevent the zone files being removed from the DNS and your web site and any associated services will cease to work. We can assist in retrieveing your domain only if your domain was registered with us. If your domain was registered with another registrar, you must contact that registrar for information regarding retrieving your domain name. You will be charged with a REDEMPTION FEE of $190.00 USD for the domain registration renewal.

    CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES

  • When buying an allocated space on F.D.W.H. servers, Customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each Customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
  • the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
  • certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
  • certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling Customer orders and of taking care of Customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
  • Customer bears the responsibility for ensuring the security and confidentiality of any Customer data (including, without limitation, Customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
  • Each Customer guarantees to F.D.W.H. that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to F.D.W.H. that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
  • infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
  • break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers F.D.W.H. to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. F.D.W.H. is granted the right to assess the extent these operations need to be done.

    • TORTUROUS CONDUCT

    Any case of indecent treatment towards a F.D.W.H. employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with F.D.W.H. employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS. Other acts of treatment towards F.D.W.H. employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing F.D.W.H. or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. F.D.W.H. keeps the right to assess which behaviour will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.

    SPAMMING IS PROHIBITED

    We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
  • the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
  • the sending of junk mail
  • the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
  • posting commercial ads to USENET newsgroups that do not permit it
  • posting articles containing binary encoded data to non-binary newsgroups
  • excessive and repeated posting of off-topic messages to newsgroups
  • excessive and repeated cross-posting
  • e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
  • the e-mailing of age-inappropriate communications or content to anyone under the age of 18
  • "Spamming" is considered as explicit misuse of ethical principles and will be interpreted as a violation of them
  • The maximum number of allowed e-mail messages sent per hour is 300 and/or per day is 1500. There are no exceptions to this rule. Every Customer who is sending more than 300 e-mail messages per hour and/or 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.

    • COMPLAINTS PROCEDURE

    F.D.W.H. is dedicated to providing the highest levels of Customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below. In order to file a complaint, please send an email to Billling/Complaint Department, specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be. Here are the steps for addressing every single complaint:
  • F.D.W.H. will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. F.D.W.H. reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
  • A F.D.W.H. Customer Care representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected.
  • If a F.D.W.H. Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
  • If the F.D.W.H. Customer Care manager can't resolve your complaint, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days. 5. An alternative complaint method is submitting a fax to the following number: +1-510-868-6446

    • NEWS RELEASES

    Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.

    FORCE MAJEURE CIRCUMSTANCES

    F.D.W.H. will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services. This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
  • This Agreement shall be interpreted in consistence with the laws of the State of Florida, US.
  • This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original.

    • COPYRIGHTS

    Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account. Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material. Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy to abuse@duoservers.com .

    CUSTOMER SERVICE CONTACT DETAILS

    To get in touch with our CustomerService - please use any of the options listed below:
  • 1. Direct E-Mail to support@free-domain-withhosting.com
  • 2. Phone 1-352-397-2240
  • 3. Send us a Letter to: 7155 Spring Hill Drive;Spring Hill, Florida 34606 25.

    ASSIGNMENT

    Customer shall not have the right to assign this Agreement without the written permission of F.D.W.H.. This Agreement shall be in force and effect to the total benefit of Customer and F.D.W.H. and their successors and permitted assigns.

    Hosting Privacy Policy

    PRIVACY OF YOUR PAYMENT DETAILS

    We use Google Checkout and PayPal payment processing gateway and go through their order payment terminals. Working through them in online payment operations, we guarantee the fast and secure processing of your payment. Not only do we not make a record of your credit card details in our system, we also do not share this information with any third party for your maximum online security.

    PRIVACY OF YOUR ACCOUNT

    We consider your registration data and the content of all of your messages to be private. The header of the messages that you send will contain your name (e-mail address) and Internet Protocol (IP) address. We will not intentionally monitor or disclose any of your e-mail messages or registration data unless we are required to do so: to enforce these Terms and Conditions, by law, to defend us in any legal action, to protect our property. Additionally, you agree to respect the privacy and confidentiality of others. Since your password is essential for protecting your privacy, we encourage you not to share it with anyone and change it frequently.

    PRIVACY OF YOUR REGISTRATION DATA

    F.D.W.H. collects information during the registration process. The personally identifiable information that F.D.W.H. collects includes first and last name. F.D.W.H. also collects nonpersonally identifiable information such as country, age, gender, etc. You may update your Registration Information at any time from the members' area. We may disclose aggregate registration statistics in connection with our marketing activities.

    WHY WE NEED THIS INFORMATION

    Your registration information is needed to operate the site, to provide support for your account, for statistical purposes, etc. F.D.W.H. will not send you any unsolicited information, including e-mail, except as mentioned below. New Customers will receive a F.D.W.H. welcome letter explaining the features provided by the service. F.D.W.H. may also send periodic member letters to announce important service changes, new features, technical issue updates and news about the Service. F.D.W.H. keeps your personally identifiable information private and does not share it with any unauthorized third parties.

    Hosting Terms of Service

    The service that is subject to the following agreement is provided by F.D.W.H. in association with LiquidNet Ltd., registered in the United Kingdom, Registration No. 4654498. F.D.W.H. and LiquidNet Ltd. will be referred to as F.D.W.H. for the sake of brevity in this document. You should be aware that by signing up for an account with F.D.W.H., you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of F.D.W.H. to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on F.D.W.H. servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated F.D.W.H. server space. It is recommendable to avoid publishing personal data that could be abused online. The order form completion represents the electronic signing of this document. You should abide by the Domain Name Registration Agreement, which is an indivisible part of this document.

    ENTIRE AGREEMENT; SERVICE AGREEMENT

    F.D.W.H. shall provide its Services to You (the Customer) under the Terms and conditions of this Customer Agreement. The Agreement is intended to keep the integrity of both F.D.W.H. and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services. Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between F.D.W.H. and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity. Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement. You understand and agree that the Service is provided "AS-IS" and that F.D.W.H. assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Customer communication or personalization settings.

    F.D.W.H. HOSTING SERVICES

    A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) i a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. F.D.W.H. offers only web hosting services, not data storage services. A web hosting service consists of the following: Bandwidth - Each hosting plan includes prepaid monthly bandwidth in Megabytes. This bandwidth quota is shared between all the sites in a single hosting account.You will be notified when your account has reached 90% of it's maximum alloted amount. In case a hosting account exceeds its allowed bandwidth, it will be suspended until beginning of the next month when the quota will refresh automatically. Additional bandwidth is available. Contact sales for more information. Domains Hosted - F.D.W.H. hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.

    Domain Name Dispute Resolution Policy (As Approved by ICANN on October 24, 1999)

    PURPOSE

    This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

    YOUR REPRESENTATIONS

    By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

    CANCELLATIONS, TRANSFERS, AND CHANGES.

    We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: Subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or Our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

    Domain Name Registration Agreement

    DOMAIN NAME REGISTRATION

    Domain name registrations are non-refundable. Each domain name registration will be subject to a $10.95/year per domain registration/transfer fee *. As changes are no longer allowed after the registration request is submitted, Customers should make a correct spelling check before buying their domain name. * This does not include the fees for .tv, .mobi, .name domain name registrations where the prices will be different.

    COMPLETE AND ACCURATE PERSONAL INFORMATION

    You agree to provide certain current, complete and accurate information about yourself both in your domain(s) WHOIS and in your account records. You agree to update this information once in a while to keep it complete, up-to-date and accurate. For all your domain name registrations' contact records, you must submit the following: full name, current postal address, e-mail address, voice telephone number, and if available, a fax number. You agree that the type of information you are required to provide may change in time and you understand that, if you do not provide the new, updated information, your registration may be suspended or terminated or may not be renewed. Failure to provide the requested information might prevent you from obtaining all Service(s). WHOIS The Internet Corporation for Assigned Names and Numbers (ICANN) - the organization that assumes responsibility for domain name allocation, requires that we collect information about you during the domain name registration process. This information includes your full name, mailing address, phone number, email address, and, if available, your facsimile number. ICANN then requires all registrars to make the following data accessible to the public on an interactive web page and using a "port 43" WHOIS service: your full name, mailing address, phone number, email address, if available your facsimile number, as well as the creation and expiration dates of your domain name registration and the name server information associated with your domain name. We will refer to this information as your "WHOIS Information". Please note that we may not be able to control in what manner or for what purposes members of the public might use the WHOIS Information.
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