These Terms of Service (the “Agreement”) are an agreement between FastBlogHosting.com, LLC (“FastBlogHosting” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by FastBlogHosting and of the FastBlogHosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. FastBlogHosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the FastBlogHosting Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.
We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall FastBlogHosting be held liable for any lost or missing data or files resulting from a transfer to or from FastBlogHosting. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “FastBlogHosting Content”), are the proprietary property of FastBlogHosting or FastBlogHosting’s licensors. FastBlogHosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any FastBlogHosting Content. Any use of FastBlogHostingo Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any FastBlogHosting Content. All rights to use FastBlogHosting Content that are not expressly granted in this Agreement are reserved by FastBlogHosting and FastBlogHosting’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to FastBlogHosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage from us at $29.95/month per 150GB. FastBlogHosting reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to FastBlogHosting a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, FastBlogHosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
FastBlogHosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through FastBlogHosting’s computers, network hubs and points of presence or the Internet. FastBlogHosting does not monitor User Content. However, you acknowledge and agree that FastBlogHosting may, but is not obligated to, immediately take any corrective action in FastBlogHosting’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that FastBlogHosting shall have no liability due to any corrective action that FastBlogHosting may take.
Third Party Products and Services
Third Party Providers
FastBlogHosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
FastBlogHosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. FastBlogHosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
FastBlogHosting as Reseller or Licensor
FastBlogHosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-FastBlogHosting Products”). FastBlogHosting shall not be responsible for any changes in the Services that cause any Non-FastBlogHosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-FastBlogHosting Products, either sold, licensed or provided by FastBlogHosting to you will not be deemed a breach of FastBlogHosting’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-FastBlogHosting Product are limited to those rights extended to you by the manufacturer of such Non-FastBlogHosting Product. You are entitled to use any Non-FastBlogHosting Product supplied by FastBlogHosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-FastBlogHosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-FastBlogHosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by FastBlogHosting (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, FastBlogHosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
Account Security and FastBlogHosting Systems.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. FastBlogHosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. FastBlogHosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by FastBlogHosting of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, FastBlogHosting may clean-up your account for an additional fee.
FastBlogHosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
HIPAA Disclaimer. We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. FastBlogHosting does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that FastBlogHosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact us.
Compatibility with the Services
You agree to cooperate fully with FastBlogHosting in connection with FastBlogHosting’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, FastBlogHosting is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by FastBlogHosting to provide the Services, which may be changed by FastBlogHosting from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. FastBlogHosting does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify FastBlogHosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to FastBlogHosting’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, FastBlogHosting may suspend or terminate your account and pursue the collection costs incurred by FastBlogHosting, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. FastBlogHosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is solely your responsibility to notify FastBlogHosting’s Billing department via a support ticket created from https://www.fastbloghosting.com/billing/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and FastBlogHosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. FastBlogHosting may report any such misuse or fraudulent use, as determined in FastBlogHosting’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by FastBlogHosting. If you have any questions concerning a charge on your account, our billing department directly for assistance.
FastBlogHosting offers a thirty (30) day money- back guarantee for FastBlogHosting’s hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a $8.95 setup fee. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
Cancellations and Refunds
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the FastBlogHosting Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to FastBlogHosting for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the FastBlogHosting Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services.
There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at FastBlogHosting’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
You may terminate or cancel the Services by giving FastBlogHosting written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) FastBlogHosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” FastBlogHosting will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account’s renewal date.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify FastBlogHosting’s Billing department via a support ticket created from https://www.fastbloghosting.com/billing/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and FastBlogHosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
FastBlogHosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm FastBlogHosting or others or cause FastBlogHosting or others to incur liability, as determined by FastBlogHosting our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, FastBlogHosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, FastBlogHosting may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by FastBlogHosting is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. FastBlogHosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. FastBlogHosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of FastBlogHosting’s terms and conditions.
VPS Managed Services
Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.
Shared servers are not limited in their bandwidth allowance.
If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of FastBlogHosting and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.fastbloghosting.com/billing/clientarea.php to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
FastBlogHosting reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by FastBlogHosting through the user billing tool or through other methods of communication, including notices sent or posted by FastBlogHosting.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
IN NO EVENT WILL FASTBLOGHOSTING AND ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF FASTBLOGHOSTING IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FASTBLOGHOSTING’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FASTBLOGHOSTING FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless FastBlogHosting, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by FastBlogHosting and will be held at the AAA location chosen by FastBlogHosting in Idaho. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FastBlogHosting will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and FastBlogHosting alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against FastBlogHosting in violation of this paragraph, you agree to pay FastBlogHosting’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
FastBlogHosting and User are independent contractors and nothing contained in this Agreement places FastBlogHosting and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Missouri. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
FastBlogHosting shall not be responsible for any damages your business may suffer. FastBlogHosting makes no warranties of any kind, expressed or implied for the Services. FastBlogHosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by FastBlogHosting or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. FastBlogHosting’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at FastBlogHostingHero’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. FastBlogHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on FastBlogHosting’s servers.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, FASTBLOGHOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. FASTBLOGHOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. FASTBLOGHOSTING AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
FastBlogHosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
FastBlogHosting may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the FastBlogHosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
FastBlogHosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or FastBlogHosting to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of FastBlogHosting. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. FastBlogHosting may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
ONLINE STORE TERMS
By agreeing to these ‘Terms of Service’, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your full consent to allow any of your minor dependents to use this website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these terms will result in an immediate termination of your Service or Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without first consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your shipping address, phone number, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these ‘Terms of Service’.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party solely.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or comments) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay you compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these ‘Terms of Service’. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
When you send us emails, text messages, contact messages, photos, images, quotes, and sayings, you agree that we can use your submissions at any time, without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium that we may so chose, including your submissions to monetize other products and services.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Except as expressly set forth in the item description, Seller makes NO EXPRESSED OR IMPLIED warranties of any kind whatsoever about any products or merchandise sold on this website. Seller is not responsible for consequential, incidental or punitive damages of any kind whatsoever. Seller’s liability is limited to the amount paid by Buyer including shipping and handling charges to all Buyers.
You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these ‘Terms of Service’ or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ‘Terms of Service’, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These ‘Terms of Service’ are effective unless and until terminated by either you or us. You may terminate these ‘Terms of Service’ at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these ‘Terms of Service’, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these ‘Terms’ shall not constitute a waiver of such right or provision. These ‘Terms of Service’ and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the ‘Terms of Service’). Any ambiguities in the interpretation of these ‘Terms of Service’ shall not be construed against the drafting party.
These ‘Terms of Service’ and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the governing laws.
USE OF SITE
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about our products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise.
We reserve complete title and full intellectual property rights of all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by these Terms and Conditions.
The Site and the entire contents of the Site are protected by international copyright and trademark laws. The copyrights in the Content are owned by us or other copyright owners who have authorized their use on the Site.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You are prohibited from using any of the images, marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
LINK TO THIRD-PARTY WEBSITES
Links on the Site to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website, or the information contained therein.
LINKING TO THIS WEBSITE
If you would like to link to this Site, you must follow our linking policy guidelines. You may connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site, but you may not mirror or iframe the home page or any other pages of this Site on any other web site or web page. You may also not hotlink any portion of this website.
We send secure download links for all of our purchased products and they come virus-free. We cannot and do not guarantee or warrant that other files available for download through the Site will be free of infection by software viruses or other harmful computer code, files or programs. It is advisable to scan files with a virus scanner before using or implementing.
You understand and agree that you are personally responsible for your behavior on this Site. You agree to indemnify, defend and hold harmless our affiliated companies, joint venturers, business partners, licensors, employees, sellers, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require the password be changed and/or else we will terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.
If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms and Conditions.
Unsolicited Idea Submission Policy
We or any of our employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, or services. This policy is necessary in order to avoid misunderstandings should our business activities bear coincidental similarities with one or more of the unsolicited ideas offered to us.
Please do not send your unsolicited ideas to us or anyone on this website. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say:
(1) your idea will automatically become our property, without any compensation to you;
(2) we have no obligation to return your idea to you or respond to you in any way;
(3) we have no obligation to keep your idea confidential; and
(4) we may use your idea for any purpose whatsoever, including giving your idea to others.
However, we do welcome feedback regarding any area of our existing business that will help satisfy customer’s needs, and feedback can be provided through the Support Desk listed on the Site.
Any feedback you provide shall be deemed a Submission and will be used to improve our services and products to you.
User Supplied Information
We do not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary.
For all Submissions:
(1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give us the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
We may permit the submission of pictures, videos, and other communications by you and other users (known as “User Submissions”) and the hosting, sharing, and publishing of such User Submissions.
We may also establish categories for User Submissions based on intended use, such as set to Private where User Submissions are not shared, set to Invitation where users are invited to view, and Public.
You understand that whether or not such User Submissions are published and regardless of category, that we do not guarantee any confidentiality with respect to any such submissions. You also understand and agree that we may place advertising on your submissions and this website in conjunction with your and any User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
(1) You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website’s Service and these Terms and Conditions; and
(2) You have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website’s Service and these Terms and Conditions.
(3) You retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to us for public use, you hereby grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website’s Service and our business, including without limitation for promotion and redistribution of part or all of the Website’s Service (and derivative works thereof) in any media formats and through any media channels.
You further grant us the non-exclusive, irrevocable and unconditional right to describe, relate, publish or exploit or both the User Submissions in any manner, whether in whole or in part, in any other media, print or electronic, and in related products and services in connection with any exploitation thereof, including but not limited to clothing, bumper stickers, mugs, toys, posters, books and other printed material and any related promotion and advertising of such items from time to time.
You also hereby grant each user of the Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website Service and under these Terms and Conditions.
For any User Submissions you submit, you further agree that you will not:
(1) Submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
(2) Publish falsehoods or misrepresentations that could damage us or any third party;
(3) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(4) Submit material that includes images of minors unless you are the mother, father, or duly appointed guardian of such minors or have permission from the minor’s lawful parents or guardians to post images of the minors;
(5) Post advertisements or solicitations of business; and
(6) Impersonate another person.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
We will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another persons intellectual property rights.
We also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions as concerns pornography, obscene or defamatory material, or excessive length or size.
We reserve the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Website’s Service, if such User is in violation of these Terms and Conditions.
We reserve the right to discontinue any aspect of the Website’s Service at any time.
You hereby grant us the power of attorney, appoint us to act on your behalf, and surrogate any claim you may have, in connection with any unauthorized use of your User Submissions, including to send cease-and-desist letters to infringing parties, to bring lawsuits, request injunctions, mediate, arbitrate and settle any such claims and disputes in any jurisdiction. Because you retain all of your ownership rights in your User Submissions, we shall cease acting against any persons to whom you may grant an explicit permission or license to use your User Submissions upon you notifying us of such permission or license.
You shall be entitled to 75% (Seventy Five Percent) of the funds that a company may receive from such infringing third parties for unauthorized use of your User Submissions less the costs that the company will have incurred in connection with collecting such funds and transferring them to you, provided that you have provided the company with sufficient personal information for the company to transfer such funds to you. This power of attorney and your subjugation given to us shall continue to be effective for as long as we are using any of your User Submissions pursuant to these Terms and Conditions.
You understand that when using the Website’s Service, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against us with respect thereto.
To the extent permissible under applicable law, you hereby waive any and all moral rights that you may have in connection with your User Submissions. You hereby authorize us to determine at our sole discretion whether or not to use your name in association with the use of your User Submissions. You hereby represent that you would not object to anonymous use of your User Submissions or to an indication of your name or pseudonym in connection therewith. You hereby represent and warrant that you shall not consider any modification or other use of your User Submissions pursuant to these Terms and Conditions to be causing damage to your dignity or reputation.
We try to reply to all customer support queries within 24 hours of posting on weekdays. Our Customer Support is closed on weekends and only available for emergency situations.
We have a very good track record of providing excellent customer support. Our main form of customer support is offered by our Support Desk. Please note that we do not offer support via instant messaging or live chat due to time zone differences.
You get free technical support for 1 year when you purchase a software product from us. You will have access to all the documentation, updates and documented support answers even after the 1 year mark. Buying tech support after 1 year is not mandatory (you will always have access to a working and most recent version of the plugin). After the 1 year period, technical support is provided on a yearly basis for a nominal fee (only if you need us to troubleshoot on your site). You receive updates and all future versions of the plugin for free unless otherwise specified.
Our support contract is simple, we give support to whoever purchased a product from us. We will only talk to the person who directly purchased from us. If you are using a 3rd party developer for your project he/she will have to go through you as we won’t recognize that person in our system. If we find that you are illegally distributing one of our products or using them illegally on your clients websites (each of your clients will need a separate license), we will take action to pursue the right of our copyright.
We reserve the right to deny support if you are misusing our customer support or support forum. IP addresses are recorded to detect accounts that are being shared. We reserve the right to block shared or misused accounts. If you distribute our software to your clients without buying extra licenses for them (each of your clients need to have a separate license), then we will revoke your license and block all access to our website.
We accept payments for products and services rendered, through third-party payment processors, such as PayPal. Your private information is held with that third-party processor and we do not see or store that personal information. For more information, visit the third-party payment processor’s website to see how they control your personal information. When you make payment through Paypal, our company name will appear on your transaction receipts.
If you have any questions, concerns, or problems with your purchase or membership, please contact us immediately so we can get things fixed. In the event you would still like a refund, please ask for the full or partial refund within 30 days of your purchase. (see below)
For refund requests, contact us via our contact form and send to us:
1) Subject Line that states “Refund Request”
2) Your purchase details
3) Reason for requesting a refund
All purchases are tracked to ensure proper purchase date and details of Purchaser. No refunds will be give after the 30 Day period. For digital products and downloads you must clearly understand what you are purchasing before making a digital purchase. You must put the product into use and show us proof that you used that product and the product did not do what it was intended to do or get the results claimed. For other purchases, we may ask that you return the item to us before we issue a refund. In this case you would have to pay for return shipping. Other restrictions may apply.
Consult the license of the individual product for the licensing agreement. You cannot distribute your copy of the product to your client(s) or anyone else. Each of your clients need to have a separate license of their own. We reserve the right to deny support, remove your license and block you from the website if you are found to be misusing a license or sharing our products without expressed written permission.
Affiliate Terms & Conditions
Affiliates agree to apply to become an affiliate and will be honest in their business dealings with us. You must agree to our Terms and Conditions and agree to always adhere to FTC guidelines while promoting our products and services. Any Affiliate found trying to manipulate the system or trying to commit any type of fraud, will have their affiliate account suspended and all affiliate commissions suspended while legal action is taken.
In addition, you must not use any of the following promotional methods if approved for our affiliate program. Doing so may result in you being terminated from the affiliate program and forfeiting any outstanding commissions.
1. Sending Spam or using Safe Lists any kind.
2. Offering cash rebates to people who buy through your affiliate link.
3. Using negative words such as ‘scam, rip-off, don’t buy, etc’ in your promotional campaign.
4. Misrepresenting our products and services in any way. Follow the endorsement rules and regulations that are applicable both in the country where you are based and in the countries from which you are sending website traffic or advertising in.
5. Using cookie stuffing. If you do, you will not get paid any commissions.
Confirmed Affiliate Payouts
We pay our Affiliates on the last day of the month for any sales referred to us in the previous month. So on July 31st for example, we would confirm sales and do payouts for June commissions.
Payouts are done via PayPal to the email address you provide us. Payouts are given if you earned a $100 or more in commissions and the sales were from 2 or more buyers. If not, the commissions roll into the next month and will be paid out once you’ve reached the $100 and 2 buyer minimum. Note: We do accept self-purchases.
Affiliate Commission Reversal
Affiliate commissions will be reversed for any refunded sales and will be reported as a refunded sale in the Affiliate’s Sales Report.
1) Waiver – These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2) Correction of Errors and Inaccuracies – The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
CLAIMS OF COPYRIGHT INFRINGEMENT and DMCA
If you feel any portion of the Site violates copyright protection laws, please notify us with the details immediately so we can investigate. Expect to show proof of copyright ownership.
CHANGES TO TERMS OF SERVICE
These TERMS AND CONDITIONS are dynamic. They will continually change. You may not assume that it remains the same and you agree to check the policy each time you visit the site for changes. Unless, in the sole opinion of the website, this policy changes so drastically as to suggest a posted notification on the site or via email, you will receive NO notification of changes to this TERMS AND CONDITIONS nor, under any circumstances, does the Site promise notification. Your continued use of the Site always evidences your acceptance of these TERMS AND CONDITIONS or any modifications.
You can review the most current version of the ‘Terms of Service’ at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these ‘Terms of Service’ by posting updates and changes to our website. It is your responsibility to check this page and our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these ‘Terms of Service’ constitutes acceptance of those changes.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by us, in order to protect you and our website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages on this website, including this one, have been diligently drafted by an attorney. We have paid to license the use of these legal notices and administrative pages on our website for your protection and ours. This material may not be used in any way for any reason and unauthorized use is policed via Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by send us a support ticket.
Last Updated: 02/28/18