SharePoint Provider & Fpweb.net Hosting
Terms and Conditions
This agreement
is between you, the subscriber to the Fpweb.net Hosting service, and Fpweb.net Hosting (www.fpweb.net), the service provider.
Fpweb.net Hosting (www.fpweb.net) provides web hosting, email, dedicated
servers, managed services, web design, programming and web site
marketing services. Fpweb.net Hosting reserves the right to suspend or cancel any
client's access to any portion or all of Fpweb.net Hosting services, when Fpweb.net Hosting
deems that the account has been used inappropriately. Fpweb.net Hosting reserves
the right to refuse service and/or access to its servers to anyone.
Maximum Uptime Network Guarantee
Shared Hosting - 100% guaranteed uptime.
Dedicated Hosting - 100% guaranteed uptime.
See Service Level Agreement (SLA) for more details.
DOMAIN NAMES
Domain Name Registration - Changes by Client
Clients opting to update their own domain name registration
information (DNS servers and contacts) are strongly encouraged to
make Fpweb.net Hosting the technical contact. Network Solutions NIC:
MH3931-ORG. Doing so may help avoid domain hijacking or service
interruption due to domain expiration problems.
Domain Name Renewals
For clients in good standing whose domain name is going to expire,
Fpweb.net Hosting will automatically bill their credit card and renew the domain
name approximately 30 days prior to expiration. If the client does
not want Fpweb.net Hosting to renew it, clients needs to inform Fpweb.net Hosting more than 30
days before the expiration date of their domain name registration.
Fpweb.net Hosting will renew the domain name for the same number of years as
originally registered by the client. The domain name registration
fees will coincide with those advertised by Fpweb.net Hosting at the time of
renewal.
FREE TRIAL
Free Trial Offer
The Fpweb.net Hosting free
trial period is for 30 days. After 30 days, the free trial will
automatically be converted to a regular monthly subscription. There
is no minimum term of service. If you do not wish to continue with
the service, you must cancel within the 30 day trial period.
PAYMENT
Payment Policy
- All services are billed on a monthly, quarterly or yearly basis
and are prepaid.
- Fpweb.net Hosting accepts the following credit cards:
Visa, Mastercard, Discover and American Express.
- Additional methods of payment:
Direct debit, personal check, company check and wire transfer
- Service is activated only after receipt of payment.
- Check customers whose payment is not received before the renewal
date are charged a reactivation fee and moved to credit card
billing.
- All monetary transactions will occur in US Dollars.
- Payment is due on the hosting plan's anniversary date.
- Web design plans require an initial deposit of half of estimated
total cost with balance due on completion. Deposit is
non-refundable. If client does not provide all needed content for
web design plan within two weeks of deposit, the deposit is
forfeited.
Additional Services
Additional services can be added at any time. When a service is
added, the client is assessed charges for the month and every
upcoming month until the end of their billing cycle.
Renewal and Billing Schedule
All accounts will be automatically billed on their renewal
(anniversary) date unless cancellation is received from subscriber.
Credit cards are charged at the beginning of the new billing cycle.
Check payment must be received prior to the end of the billing
cycle. If check payment is not received, the account will be
suspended. There is no grace period for check payment.
Credit Card Failures
In the event of any credit card failure, a notice will be sent to
the billing contact via email. If the credit card continues to fail
and alternate payment is not obtained, the account will be
suspended.
Returned Checks and Insufficient Direct Debit (ACH) Funds
Non-sufficient fund checks and direct debit (ACH) will results in a
a fifty dollar processing fee to the client. A credit card is
required on file for redundancy purposes for those selecting direct
debit (ACH) for payment. If the ACH system has a problem, your
credit card will be billed to prevent service interruption due to
lack of payment.
Account Reactivation
If an account was cancelled due to client request or billing issues
and the client desires to reactivate the account, a non-refundable
reactivation fee of twenty-five dollars will be required prior to
account reactivation. Accounts are reactivated after all outstanding
charges are paid, including outstanding hosting charges and NSF
check processing fees if applicable.
If an account was
cancelled due to policy violation, Fpweb.net Hosting will not reactivate the
account.
REFUNDS
Refund Policy
- If client terminates services, refunds will be issued for whole
months of service remaining - there are no partial month refunds.
- Setup fees are non-refundable.
- Domain name registration is non-refundable.
- Purchased SSL certificates or Web hosting plans that include a
bundled SSL certificate are non-refundable and client must pay Fpweb.net Hosting
the retail value for the SSL certificate.
- If Fpweb.net Hosting terminates an account due to policy violations, there will
be no refund.
- There is no refund for the purchase of VP ASP shopping cart
software.
CANCELLATION
Cancellation Policy
Customers may cancel service at any time. Account cancellations may
be sent by fax to 314 822 2182 or email to custserv@fpweb.net.
Cancellation request must contain 1) your domain name or account
number and 2) reason for cancellation. If the client requests
cancellation, their account will be terminated at a customer
specified date or immediately (default).
Upon cancellation, your data located on Fpweb.net Hosting’s servers may no longer be
available. It is the end-user’s responsibility to retrieve this
data prior to the request for cancellation of the service. Fpweb.net Hosting
cannot guarantee retrieval of data once an account is cancelled.
VIOLATION - Policy Violation
Fpweb.net Hosting has the right to terminate or refuse service to anyone and reserves
the right to immediately discontinue service to anyone violating its
policies. If an account is terminated for a policy violation there
will be no refund. The policy violator may be assessed a five
hundred dollar clean up fee. Fpweb.net Hosting reserves the right to delete the
policy violating web site content without notice.
Fpweb.net Hosting prohibits sites engaged in:
Illegal activities including but not limited to storing and/or
distributing illegal copies of copyrighted software, warez sites,
violations of copyrights and trademarks, violations of U.S. laws,
selling and/or distributing illegal contraband.
Ecommerce
customers/sites not paying for an ecommerce hosting plan. Ecommerce
site is defined as a web site that lists any product or service for
sale. Excessive (determined by Fpweb.net Hosting) affiliate linking unrelated to
your primary business is also prohibited.
Adult content
The determination of what is "adult content" and prohibited shall be
solely made by Fpweb.net Hosting.
Gambling content
The determination of what is "gambling content" and prohibited shall
be solely made by Fpweb.net Hosting.
Internet abuse
Including but not limited to spamming - mass unsolicited Emailing,
distribution of mass emailing programs, cross-posting messages to
large number of usenet groups, posting obscene or inflammatory
messages, threatening other Internet users, mail bombing Internet
users, running packet sniffers or port scanners, and spamming or
verbally abusing support staff. Spammers may be charged up to $5000
for cleanup fees and may face criminal prosecution.
Spamming
Sending spam
(unsolicited electronic mail) through the Fpweb.net Hosting system is not
permitted and will not be tolerated. Fpweb.net Hosting defines spam as "the
sending of bulk e-mails or the sending of e-mail to users that have
not explicitly asked to receive the sender's message." Fpweb.net Hosting will not
be held responsible if your domain name is blocked by internet
service providers (ISPs) for sending spam/bulk e-mails. We reserve
the right to suspend or cancel Fpweb.net Hosting accounts that send bulk or
unwanted junk mail (spam). Fpweb.net Hosting reserves the right to limit the
number of outgoing recipients of an individual email message to one
hundred (100).
Systems abuse
Including but not limited to use of excessive CPU resources, use of
excessive disk space, use of excessive email storage space, hacking
our systems, redirects/masking or non-Fpweb.net Hosting dns service without
express permission of Fpweb.net Hosting, installing continuously running
programs, such as IRC bots, and reselling CGI scripts.
Databases
Clients who have uploaded database(s) to the Web server, and whose
hosting plan does not support database(s), will be notified via
email. Client will have 5 business days to remove database(s) or be
automatically moved to the appropriate plan meeting the client's
quota needs.
Reselling Hosting Services and Hosting Multiple Sites
Reselling hosting services or hosting multiple web sites without the
express permission of Fpweb.net Hosting is strictly prohibited. Using dns
techniques such as redirects, masks, forwards, etc... to direct
top/2nd/3rd level domains, subdomains, IPs inside or outside the
Fpweb.net Hosting network, to any folder, subfolder, subweb or content outside
the root of the domain on record, is prohibited. Subwebs within
SharePoint sites not related to the site (for example, another
company) are expressly prohibited. Each unique SharePoint site must
have its own hosting plan.
SUPPORT
Free Technical Support is provided via phone, 24/7 online help desk,
and email for all paying customers. Technical support emails will
be answered within 1 business day. Most support issues are resolved
the same day reported. Billing inquiries will be answered within
one business day. Client agrees not to spam or abuse support.
Our Technical
Support representatives are always willing to diagnose issues
related to server connectivity, user ID and passwords. Diagnosing
or correcting issues with unsupported third-party software or
scripts is beyond the scope of free support.
If you are
experiencing problems that are a result of third-party software
applications, we recommend that you either contact the manufacturer
directly, or contact one of our Consulting Service representatives,
who are billed out at a reasonable hourly rate. Instead of calling,
you may prefer to email
support@frontpages-web-hosting.net and have one of our
representatives contact you.
Technical Support Parameters
Our Technical Support staff is available to assist you with
troubleshooting all of the areas listed below. For services
extending beyond those listed, you can speak with one of our
Consulting Services representatives, who are billed out at a
reasonable hourly rate. Instead of calling, you may prefer to email
support@frontpages-web-hosting.net and have one of our
representatives contact you.
Server Connectivity
Server
connectivity to your site (not responding by domain or IP address)
Inability to connect with FTP or FrontPage via domain or IP address
Inability to upload files via FTP
Browser-dependent formatting (different appearance from one browser
to the next)
Connecting to your mail server
Script Path
Verify the script was uploaded as a text file
Verify that the path to the interpreter is correct
Check that the path to your site is correct
Verify that you can publish and import a Web page (including
publishing to a local drive)
Verify that our E-mail forms and confirmation forms are working
properly on your server
Frontpage
Check that FrontPage Search Engine is functioning
Check that the FrontPage Counter is working
Re-install FrontPage Server extensions
Verify that the functions necessary for uploading your content (host
name, user ID and password) will authenticate and allow you to build
your Web site
Check the permissions on directories to allow scripts to run
Sharepoint
Connectivity to the SharePoint Service – talking/instructing the
end-user logging into to the SharePoint server(s)
Connectivity of FrontPage or SharePoint tools to modify SharePoint
Sites
Creation of SharePoint sub-sites and users
Installation of SharePoint templates
Exchange
Connectivity to the Fpweb.net Hosting service – talking/instructing the
end-user through configuring and connecting to the Fpweb.net Hosting email
server(s) and receiving/sending email
Configuration of Microsoft Outlook® Software – talking/instructing
the end-user through configuring Microsoft Outlook® and higher for
Windows PCs
Creation of additional mailboxes, distribution lists, and user
aliases
Issues related to Public Folders
Issues related to security settings within the exchange
(server-side) environment
DNS related issues
SQL Server
Verify that you can log on to your SQL account
Verify you have administrator access to your SQL database
Set MIME types on NT servers only
Mail Server
Verify that your domain can send and receive mail
Verify the mail server is up
Verify you can log on and administer your mail server
Verify the mail server is functioning properly
Domain
Verify your domain is on our DNS servers
Verify that Network Solutions has your domain pointed to our DNS
server
Technical Support Expectations
In order that you may be better able to plan the implementation of
your Shared Hosting account, here are examples of time frames you
may expect.
| REQUEST TYPE ACTUAL TIME STIPULATION |
| Zone file changes (DNS)
| Orders processed by Sales within 24 hours |
Please allow 72 hours for propagation before changes are effective. |
| Domain name registration |
Order processed by sales within 24 hours |
Please plan on 2-3 days for your domain name to
become active on your account. Before your domain
transfers, you may use the numeric IP address to
publish your files and set up your mail accounts.
Transfers are normally processed within 3 days
|
| "SSL certificate" requests |
Order processed by Sales within 24 hours |
Request and SSL certificate installation is handled within 24 hours
The customer is required to work with the company
providing the SSL certificate, therefore the entire
process may take up to 1 week. |
| Plan changes – upgrades, downgrades |
Order processed by Sales within 24 hours |
Allow 24 hours for DNS update before new hosting account can be accessed via IP #. |
| Accountcancellations |
Cancellations processed by Customer Service within 24 hours |
Accounts with open billing items may require extra time |
System Updates
The client understands that system updates occur in real-time and as
queued batch processes. For example, account passwords are currently
updated as queued batch processes, therefore the update does not
occur in the system instantaneously. Fpweb.net Hosting reserves the right to
modify the processing times at any time without notice. If a client
or Fpweb.net Hosting support personnel (when authorized by client) makes any
modifications to a hosting account, the client is responsible to
make sure these updates have occurred in our system.
Security and Reliability
The security and reliability of the Fpweb.net Hosting network and services is our
highest priority. Fpweb.net Hosting works to maintain a fast, secure network and
offer easy, hassle-free services. However, there are times when we
cannot guarantee 100% reliability:
 | Internet congestion |
| Automatic System Updates – Fpweb.net Hosting’s servers
regularly update themselves with patches and bug fixes.
Occasionally, these patches/fixes can affect our servers in an
unexpected, detrimental way. Many of these patches/fixes are
installed automatically and cannot always be tested prior to
their implementation. |
| Terrorist Attack |
| Acts of God |
| Virus/Worm/Denial of Service Attack
|
You specifically agree that Fpweb.net Hosting cannot be held
liable for any missing data, corrupted data, incorrect transmission
of data, failure to provide service, delay of service provision or
anything in any way connected to the Fpweb.net Hosting service in excess of the
cost of service provided. Cumulative liability of Fpweb.net Hosting to a
customer shall not exceed the total monthly service fee of the
immediate prior one month of service.
Transmission of Data
You agree that Fpweb.net Hosting is not responsible for any unauthorized access
or modification of your data stored by or transmitted via the Fpweb.net Hosting
services. You also agree that Fpweb.net Hosting is not responsible or liable for
any content sent using, or received from, the Fpweb.net Hosting services
including that which may be illegal, obscene, defamatory,
threatening or that may violate any trademark or copyright.
Virus Policy
The Fpweb.net Hosting service provides virus protection against incoming email
viruses sent to your Fpweb.net Hosting addresses. All incoming messages to your
Fpweb.net Hosting domain are scanned. It is our policy to delete affected
attachments prior to delivery to your Fpweb.net Hosting mailbox. Fpweb.net Hosting virus
protection uses the latest technologies to help ensure your
protection. Our server software (virus patterns) is updated nightly.
Virus protection is an ongoing process and it’s impossible to
protect against 100% of the virus threats and unfortunately we
cannot be held responsible for new viruses that are not detected by
our scanning software. End-users are responsible for protecting
their computers and ensuring they are virus-free. We recommend that
each end-user run a local anti-virus software package on their PC
for additional protection. Fpweb.net Hosting will not be held responsible if your
domain name is blocked by internet service providers (ISPs) for
sending virus-infected emails. Most viruses are transmitted by
email, but not all. If your email software is connected to another
email service other than Fpweb.net Hosting, it is possible that virus-infected
email could be pulled into your Fpweb.net Hosting account from another service.
Fpweb.net Hosting cannot be held responsible for virus-infected email originally
sent to email services outside of Fpweb.net Hosting.
Passwords
It is the end-user’s responsibility to keep his/her password
confidential, and to change the password on a regular basis. Fpweb.net Hosting is
not responsible for any data losses or security issues due to stolen
passwords. Fpweb.net Hosting recommends that you use passwords that contain
numbers and symbols in order to prevent unauthorized users from
guessing commonly-used choices (i.e. “12345”, “password”, etc.).
Fpweb.net Hosting support does not have access to viewing existing passwords. For
security reasons, Fpweb.net Hosting support can only reset passwords.
Size of Mailbox
Each mailbox has a storage capacity or limit. This is done to
protect your account and others from potentially large volumes of
email sent to a single address that could disable or halt the email
system server. Additional storage can be purchased by emailing or
calling the Sales Team. It is the end-user’s responsibility to
ensure that his/her mailbox does not reach capacity. Fpweb.net Hosting is not
responsible for email lost due to full mailboxes.
BACKUP
Web Site Content
The client is responsible for keeping a copy of their most current
web site files or email as backup on a remote system (not on Fpweb.net Hosting
servers). Fpweb.net Hosting is not responsible for any lost files, information,
or data.
Backup and Restore
Should any data need to be recovered from Fpweb.net Hosting's backup, there will
be a nominal charge. Fpweb.net Hosting does not guarantee to possess the most
current copy of a client's website or email.
Hosted
SharePoint Disaster Recovery Backups
Fpweb.net Hosting conducts nightly disaster recovery backups where we backup each
SharePoint store every night. This is the industry standard method
of backing up hosted SharePoint services data. A SharePoint store
is the SharePoint database that contains numerous SharePoint sites.
This protects the customer in the event Fpweb.net Hosting suffers a system
failure or other event that requires the recovery of an entire mail
store. If a customer needs a specific SharePoint site recovered due
to no fault of Fpweb.net Hosting, we may charge a service fee for this recovery
service. Due to the nature of this
backup technology, our engineers are not able to restore data from
an individual SharePoint site. Customers who need the ability to
restore individual user data from a backup should consider the File
Level Backup service.
Hosted Exchange Disaster Recovery Backups
Fpweb.net Hosting conducts nightly disaster recovery backups where we backup each
mail store every night. This is the industry standard method of
backing up hosted Microsoft Exchange Server data. A mail store is
the email database that contains numerous mailbox account. This
disaster recovery backup is used if a mail store becomes corrupted
or fails for another reason. This protects the customer in the
event Fpweb.net Hosting suffers a system failure or other event that requires the
recovery of an entire mail store.
Due to the nature of this backup
technology, our engineers are not able to restore data from an
individual mailbox. Customers who need the ability to restore
individual user data from a backup should consider the Archiving
service.
OVERAGES
Plan Overages
Clients exceeding their monthly hard disk space usage or transfer
quota will be notified via email and will have 2 options. 1) Pay
the overage
2) Move to the next highest hosting plan meeting their current quota
demands. If client does not respond within 5 business days of
notice, the second option will be exercised on their behalf.
FOREIGN
Orders from Clients in Foreign Countries
Fpweb.net Hosting welcomes orders from any country. All payments are in US
Dollars. Any ordered products or services cannot be started until
full payment has been received and cleared by Fpweb.net Hosting bank.
LEGAL
Use of Microsoft Outlook®
Software
Fpweb.net Hosting hosted exchange service includes the licensing for Microsoft
Outlook® Software. The license fee is included with the monthly Fpweb.net Hosting
service fee; however we may charge a nominal fee to ship the media
to you. End-users are allowed to install the software one time and
only on one PC for each Fpweb.net Hosting mailbox. Each end-user/individual
using the Fpweb.net Hosting service must purchase an individual Subscriber Access
License (SAL) – otherwise know as a “mailbox” for this service.
Unfortunately, sharing of a single mailbox is not allowed unless
additional licenses are purchased on a monthly basis for each
user. If you cancel your Fpweb.net Hosting account you acknowledge that you are
responsible for uninstalling any Microsoft Outlook® client software
that is licensed as part of the Fpweb.net Hosting service.
License to Fpweb.net Hosting
Customer hereby
grants to Fpweb.net Hosting a non-exclusive, royalty-free, worldwide right and
license during the Term to do the following to the extent necessary
in the performance of Services under the Order: digitize, convert,
install, upload, select, order, arrange, compile, combine,
synchronize, use, reproduce, store, process, retrieve, transmit,
distribute, publish, publicly display, publicly perform and
hyperlink the Customer Content; and make archival or back-up copies
of the Customer Content and the Customer Web site. Except for the
rights expressly granted above, Fpweb.net Hosting is not acquiring any right,
title or interest in or to the Customer Content, all of which shall
remain solely with Customer.
Marketing
Customer agrees
that during the term of this Agreement Fpweb.net Hosting may publicly refer to
Customer, orally and in writing, as a customer of Fpweb.net Hosting. Any other
public reference to Customer by Fpweb.net Hosting requires the written consent of
Customer.
Intellectual Property
Fpweb.net Hosting hereby
grants to Customer a non-exclusive, non-transferable, royalty-free
license, exercisable solely during the term of this Agreement, to
use applicable Fpweb.net Hosting Technology solely for the purpose of accessing
and using the Services. Customer may not use the Fpweb.net Hosting Technology for
any purpose other than accessing and using the Services. Except for
the rights expressly granted above, this Agreement does not transfer
from Fpweb.net Hosting to Customer any Fpweb.net Hosting Technology, and all rights, titles
and interests in and to the Fpweb.net Hosting Technology shall remain solely with
Fpweb.net Hosting. Customer shall not, directly or indirectly, reverse engineer,
decompile, disassemble or otherwise attempt to derive source code or
other trade secrets from any of the Fpweb.net Hosting Technology.
Fpweb.net Hosting’s
trademarks, tradenames, service marks, logos, other names and marks,
and related product and service names, design marks and slogans are
the sole and exclusive property of Fpweb.net Hosting. Customer may not use any of
the foregoing in any advertising, publicity or in any other
commercial manner without the prior written consent of Fpweb.net Hosting. Fpweb.net Hosting
shall maintain and control ownership of all Internet protocol
numbers and addresses that may be assigned by Fpweb.net Hosting to Customer. Fpweb.net Hosting
may, in its sole discretion, change or remove any and all such
Internet protocol numbers and addresses.
Any feedback,
data, answers, questions, comments, suggestions, ideas or the like
which Customer sends to Fpweb.net Hosting relating to the Services will be
treated as being non-confidential and non-proprietary. Fpweb.net Hosting may use,
disclose or publish any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever.
Indemnification
Client agrees to defend, indemnify and hold harmless Fpweb.net Hosting against
any liabilities arising out of defective products sold to customers
from Fpweb.net Hosting servers, personal injury or property damage caused by
products or services sold or distributed from Fpweb.net Hosting servers, any
material that infringes or allegedly infringes on the rights of a
third party available from Fpweb.net Hosting servers, and any material that
libels or allegedly libels a third party available from Fpweb.net Hosting
servers.
Disclaimer
Fpweb.net Hosting is not responsible for any damages to any client's business.
Fpweb.net Hosting makes no warranties or guarantees of any kind, expressed or
implied for services that we provide. Use of Fpweb.net Hosting's Internet
services is at the client's sole risk. Fpweb.net Hosting's services are provided
on an "as is, as available" basis.
Fpweb.net Hosting does not guarantee that our services will be uninterrupted or
error free. Fpweb.net Hosting will provide every effort in good faith to ensure
that its services are available to as many Internet users as
possible with minimal service interruptions.
In no circumstance will Fpweb.net Hosting be liable for any claims resulting from
the use or inability to use Fpweb.net Hosting's services - including, but not
limited to, service interruptions, client errors, Internet
connectivity problems, miscommunications, unauthorized access to
Fpweb.net Hosting servers, InterNIC problems, DNS caching, Internet bandwidth
congestion, power failures, vandalism, and natural disasters.
Fpweb.net Hosting reserves
the right to revise our policies at any time.
Revision Date: 10.23.06
