1. Disclosure to Law Enforcement:
2. Service Rates:
3. Payment:
4. Payments and Fees:
5. Refund Policy and Disputes:
6. Failure to Pay:
7. Account Cancellation:
8. Service Interuption
9. SPAM and Unsolicited Commercial Email (UCE):
10. Network
11. Notification of Violation:
12. Suspension of Service or Cancellation:
13. Firth Enterprises Hosting reserves the right to amend its policies
14. Indemnification:
15. LIMITATION OF LIABILITY:
16. Miscellaneous Provisions:
17. Responsibility for Content:
II. Domain Name Services Agreement 5.1
IMPORTANT NOTICE: *All Payments To Firth Enterprises for Domain Registration(s) and Hosting Are Non-Refundable*
FirthUSA.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Firth Enterprises Service constitutes acceptance and agreement to Firth Enterprises TOS (Terms of Service).
This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of San Diego applicable to contracts enforceable in that state. Venue will be San Diego, CA
1. Disclosure to Law Enforcement:
Subscriber agrees that the Company may disclose any and all subscriber 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 Subscriber. In addition Firth Enterprises shall have the right to terminate all service set forth in this Agreement.
2. Service 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 Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Firth Enterprises.
4. 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 10 days past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by Firth Enterprises may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company 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.
5. Refund Policy and Disputes:
All payments for domain registration and hosting to Firth Enterprises are nonrefundable. This includes any one time setup fees and subsequent charges regardless of usage. You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.
We do not offer any kind of "money back" guarantee.
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
6. Failure to Pay:
The Company 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 reasonable interest and any collection fees. Paypal Subscription Cancellations: If you subscribed to our hosting plan with Paypal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. Firth Enterprises does not host websites with cancelled subscriptions.
7. Account Cancellation:
Requests for canceling accounts may be made in writing or email with at least 30 days notice.
Firth Enterprises preferred method of cancellation is via email. You must have all account information to cancel.
Non-usage of hosting account, account inactivity or if you moved to another host, phone requests will not constitute acceptance of any cancellation. For information on refunds please see the heading "Refund Policy and Disputes".
8. Service Interuption:
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 company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 company be liable for any special or consequential damages, loss or injury.
9. SPAM and Unsolicited Commercial Email (UCE):
Firth Enterprises takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Firth Enterprises may not use or permit others to use our network to transact in UCE. Customers of Firth Enterprises 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.
a. Violation of Firth Enterprises SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Firth Enterprises Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Firth Enterprises may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Firth Enterprises may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Firth Enterprises reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Firth Enterprises will notify law enforcement officials if the violation is believed to be a criminal offense.
b. 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 Firth Enterprises personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over Firth Enterprises Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
10. Network
a. Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Firth Enterprises will monitor Customer's bandwidth and disk usage. Firth Enterprises shall have the right to take corrective action if Customer'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 terminationof this Agreement, which actions may be taken is in Firth Enterprises sole and absolute discretion. If Firth Enterprises 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, Firth Enterprises may, at its sole discretion, collect adeposit, in an amount determined by Firth Enterprises, against customer's credit card on file with Firth Enterprises.
b. System and Network Security:
Users are prohibited from violating or attempting to violate the security of Firth Enterprises Network. Violations of system or network security may result in civil or criminal liability. Firth Enterprises 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
11. Notification of Violation:
a. Firth Enterprises Hosting is under no duty to look at each customer's or user's activities to determine if aviolation of the AUP has occurred, nor do we assume any responsibility through our AUP tomonitor or police Internet-related activities.
b. First violation: Any User, which Firth Enterprises 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 Firth Enterprises discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation:
Users that Firth Enterprises 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.
d. 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.
12. Suspension of Service or Cancellation:
Firth Enterprises Hosting reserves the right to suspend network access to any customer if in the judgment of Firth Enterprises network administrators 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 Firth Enterprises 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.
13. Firth Enterprises reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Firth Enterprises Hosting must adhere to the above policies. Failure to follow any term orcondition 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.
14. Indemnification:
Firth Enterprises wishes to emphasize that in agreeing to Firth Enterprises Acceptable UsePolicy (AUP) and Terms of Service (ToS), customer indemnifies Firth Enterprises for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Firth Enterprises Hosting orthe bringing of any claim against Firth Enterprises by any third-party. This means that if Firth Enterprises issued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Firth Enterprises, plus all costs and attorney's fees.
15. LIMITATION OF LIABILITY:
Firth Enterprises shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Firth Enterprises servers going off-line or being unavailable for any reason whatsoever. Furthermore, Firth Enterprises shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Firth Enterprises servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to by email. All complaints will be investigated promptly.
16. 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. A waiver by the Company 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.
b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c. Firth Enterprises takes no responsibility for any material input by others. Firth Enterprises is not responsible for the content of any other websites linked to Firth Enterprises; links are provided as Internet navigation tools only. Firth Enterprises 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.
d. Firth Enterprises is not responsible for any damages your business may suffer. Firth Enterprises does not make implied or written warranties for any of our services. Firth Enterprises 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 Firth Enterprises.
e. It is absolutely forbidden to host pornographic content or IRC servers on any account. Accounts found hosting this material will be subject to immediate cancellation without refund.
17. Responsibility for Content:
You, as a Firth Enterprises customer, are solely responsible for the content stored on and served by your Firth Enterprises server.
