Terms of Service (ToS) Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore, 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 Forward Host shall have the right
to terminate all service set forth in this Agreement. 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. Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent payments
are pro-rated and due on the first day of the month for that month's service.
The above applies to all accounts and services provided by Forward Host. Payments and Fees: Credit cards that are declined
for any reason are subject to a $1.00 declination fee. Service will be
interrupted on accounts that reach 10 days past due. Service interrupted for
nonpayment is subject to a $10.00 reconnect charge. Accounts not paid by due
date are subject to a $5.00 late fee. Accounts that are not collectable by
Forward Host 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 $20 nor more
than $150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS. Refund and Disputes: All payments to Forward Host
are nonrefundable. This includes the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes must be reported
within 60 days of the time the dispute occurred. If you dispute a charge to
your credit card issuer that, in Forward Host sole discretion is a valid
charge under the provisions of the TOS and/or AUP, you agree to pay Forward
Host an "Administrative Fee" of not less than $20 and not more than $150. 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. Account Cancellation: Request for termination of
user accounts can be made through the Forward Host Customer Control Panel.
Termination requests received will take effect immediately, that means you're
not required to pay for web hosting plan fee for that month, if termination
request is received after the fee charged in that month, which is not
refundable, that means starting from following month you'll not be charged for
web hosting fee. Subscription fees for additional services such as added space
and bandwidth transfer will be charged for the entire month regardless of
whether the request for their termination is received prior to the effecting
of the said services. 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. New Domains: Payment made for domain registration
will not be refundable in all cases, including those that involve mistakes
committed by any persons, Forward Host staff or not, at any stage of the
domain registration process. A confirmation e-mail will be sent to registrants
within 24 hours of the submission of the domain name purchase order. Transfer of Domains: New webhosting accounts which
involve the transfer of a domain from another provider to Forward Host will
require a minimum of seven (7) days to be set up and entered into our DNS
servers. In some cases, such transfers may take up to sixty (60) days. Due to
the unpredictable nature of the transfer process, no guarantees are made
regarding the amount of time a specific transfer may take. Support Boundaries: Forward Host may provide
technical support to our subscribers. We limit our technical support to our
area of expertise. The following is our guidelines when providing support:
Forward Host provides support related to your services or virtual site
physical functioning. Forward Host does not offer tech support for application
specific issues such as cgi programming, html or any other such issue. Forward
Host does not provide technical support for YOUR customers. SPAM and Unsolicited Commercial Email (UCE): Forward
Host 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
Forward Host may not use or permit others to use our network to transact in UCE. Customers of
Forward Host 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. Violation of Forward Host SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our SPAM
policy, Forward Host will initiate an immediate investigation (within 48
hours of notification). During the investigation, Forward Host may restrict
customer access to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, Forward Host may, at its
sole discretion, restrict, suspend or terminate customer's account. Further,
Forward Host reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation.
Forward Host will notify law enforcement officials if the violation is
believed to be a criminal offense. 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 Forward
Host
personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from
your account Network IP Address Ownership: If Forward Host assigns
Customer an Internet Protocol address for Customer's use, the right to use
that Internet Protocol address shall belong only to Forward Host, and
Customer shall have no right to use that Internet Protocol address except as
permitted by Forward Host in its sole discretion in connection with the
Services, during the term of this Agreement. Forward Host shall maintain and
control ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by Forward Host, and Forward Host reserves the right to
change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. IP Address Usage: Any customer caught using an IP
address that has not been assigned to them agrees to pay a $25 fee. The
domain caught using the offending IP address can be disabled or deleted at
the discretion of Forward Host. 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").
Forward Host will monitor Customer's bandwidth and disk usage.
Forward Host
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 termination of this Agreement, which actions may be taken
is in Forward Host sole and absolute discretion. If
Forward Host 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, Forward Host may, at its
sole discretion, collect a deposit, in an amount determined by Forward Host,
against customer's credit card on file with Forward Host. System and Network Security: Users are prohibited
from violating or attempting to violate the security of the Forward Host
Network. Violations of system or network security may result in civil or
criminal liability. Forward Host 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: Accessing data not intended for such User or logging
into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures
without proper authorization. Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which
such User is not entitled. Notification of Violation: Forward Host is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor or police
Internet- related activities. First violation: Any User, which Forward Host 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 Forward
Host discretion to a temporary suspension pending a User's agreement in
writing, to refrain from any further violations. Second Violation: Users that Forward Host 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. Suspension of Service or Cancellation: Forward Host
reserves the right to suspend network access to any customer if in the
judgment of the Forward Host network administrators the customer's account is
the source or target of the violation of any of the other terms of the AUP or
for any other reason which Forward Host 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
account was suspended. The customer will also not be credited for any fees if
their account has been terminated. Forward Host reserves the right to amend its policies at
any time. All resellers of Forward Host must adhere to the above policies.
Failure to follow any term or condition 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. Indemnification: Forward Host wishes to emphasize
that in agreeing to the Forward Host AUP (Acceptable Use Policy) and Terms of
Service (ToS), customer indemnifies Forward Host for any violation of the AUP
(Acceptable Use Policy) and Terms of Service (ToS) that results in loss to
Forward Host or the bringing of any claim against
Forward Host by any
third-party. This means that if Forward Host is sued because of a customer's
or a customer of a customer's activity, the customer will pay any damages
awarded against Forward Host, plus all costs and attorney's fees. Miscellaneous Provisions: You must provide us with,
and keep current, good contact information for you. E-mail, telephone and fax
contacts are used, in that order of preference. 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. 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. Forward Host takes no responsibility for any material
input by others and not posted to the Forward Host Network by
Forward Host.
Forward Host is not responsible for the content of any other websites linked
to the Forward Host Network; links are provided as Internet navigation tools
only. Forward Host 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. Forward Host is not responsible for any damages your
business may suffer. Forward Host does not make implied or written
warranties for any of our services. Forward Host 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 including equipment failure. Responsibility for Content: You, as Forward Host
customer, are solely responsible for the content stored on and served by your
account.
IMPORTANT NOTICE: *All Payments To Forward Host Are Non-Refundable*
Forward Host ("The Company" or "Forward Host") agrees to furnish services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Forward Host Service constitutes acceptance and agreement to Forward Host AUP
as well as Forward Host TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Forward Host and AUP (Acceptable Use Policy). The AUP may be changed from time
to time at the discretion of the Company. Subscriber understands that change to
the AUP by the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with the laws of
the United States of America.
Note: Pornography and sex-related merchandising are prohibited on any Forward
Host server EXCEPT those on servers that have clearly stated that such content
is allowed upon signing up. This includes sites that may infur sexual content,
or links to adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to Forward Host servers or
any other server on the internet. Links to such materials are also prohibited.
All IRC related activities are strictly prohibited and can be cause for
immediate account termination!
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in any
of the various Spam Databases will have their services immediately disabled.
The services will not be enabled until such time that you agree to remove
ANY and ALL traces of the offending material immediately upon
reconnection and agree to allow us access to the account to confirm that all
material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the account from our network without notice
to the customer. Any account guilty of a second violation WILL be
immediately and permanently removed from our network without notice.