Fpweb.net Legal Disclosures

Maximum Uptime Network Guarantees

• Shared Hosting - 100% guaranteed uptime.
• Dedicated Hosting - 100% guaranteed uptime.
• See our Service Level Agreement (SLA) for more details.

30-Day Money Back Guarantee

Fpweb.net Hosting Plans include a 30-day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration and private SSL fees) if you cancel your account within 30 days of the activation of your account.
The 30 day money back guarantee does NOT apply to Domain Name Registration.

Domain Names

Domain Name Registration - Changes by Client
Clients opting to update their own domain name registration information (DNS servers and contacts) are strongly encouraged to make Fpweb.net the technical contact. Network Solutions NIC: MH3931-ORG. Doing so may help avoid domain hijacking or service interruption due to domain expiration problems.

Domain Name Renewals
For clients in good standing whose domain name is going to expire, Fpweb.net will automatically bill their credit card and renew the domain name approximately 30 days prior to expiration. If the client does not want Fpweb.net to renew it, clients needs to inform Fpweb.net more than 30 days before the expiration date of their domain name registration.

Fpweb.net will renew the domain name for the same number of years as originally registered by the client. The domain name registration fees will coincide with those advertised by Fpweb.net at the time of renewal.

Backups

Web Site Content
The client is responsible for keeping a copy of their most current Web site files or email as backup on a remote system (not on Fpweb.net servers). Fpweb.net is not responsible for any lost files, information, or data.

Backup and Restore
Should any data need to be recovered from Fpweb.net’s backup, there will be a nominal charge. Fpweb.net does not guarantee to possess the most current copy of a client's website or email.

SharePoint Hosting Disaster Recovery Backups
Fpweb.net conducts nightly disaster recovery backups where we backup each SharePoint store every night. This is the industry standard method of backing up hosted SharePoint services data. A SharePoint store is the SharePoint database that contains numerous SharePoint sites. This protects the customer in the event Fpweb.net suffers a system failure or other event that requires the recovery of an entire mail store. If a customer needs a specific SharePoint site recovered due to no fault of Fpweb.net , we may charge a service fee for this recovery service.

Due to the nature of this backup technology, our engineers are not able to restore data from an individual SharePoint site. Customers who need the ability to restore individual user data from a backup should consider the File Level Backup service.

Exchange Hosting Disaster Recovery Backups
Fpweb.net conducts nightly disaster recovery backups where we backup each mail store every night. This is the industry standard method of backing up hosted Microsoft Exchange Server data. A mail store is the email database that contains numerous mailbox account. This disaster recovery backup is used if a mail store becomes corrupted or fails for another reason. This protects the customer in the event Fpweb.net suffers a system failure or other event that requires the recovery of an entire mail store.

Due to the nature of this backup technology, our engineers are not able to restore data from an individual mailbox. Customers who need the ability to restore individual user data from a backup should consider the Archiving service.

Payment Policy

• All services are billed on a monthly, quarterly, bi-annual, or annual basis and are prepaid.
• Fpweb.net accepts the following credit cards:
  • Visa, Mastercard, Discover and American Express
• Additional methods of payment:
  • Direct debit, personal check, company check and wire transfer
    (Service is activated only after receipt of payment)
  • Customers paying via personal/business check whose payment is not received before the renewal date are charged a reactivation fee and moved to credit card billing
  • All monetary transactions will occur in US Dollars
  • For Annual payment plans, payment is due on the hosting plan’s anniversary date
  • Web design services require an initial deposit of half of estimated total cost with balance due on completion.
    Deposit is non-refundable. If client does not provide all needed content for Web design plan within two weeks of deposit, the deposit is forfeited.

Interest on unpaid accounts
Any amounts not paid by the due date shall be charged an additional amount equal to two percent (2%) for each month or fraction of a month that the payment is received after its due date.  If you are late in paying more than one payment and pay less than all amounts due at the time a payment is received by Fpweb.net , amounts received shall be applied first to the oldest amounts due and then to the next oldest, and so on.

Additional Services
Additional services can be added at any time. When a service is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle.

Renewal and Billing Schedule

• All accounts will be automatically billed on their renewal (anniversary) date unless cancellation is received from subscriber
• Credit cards are charged at the beginning of the new billing cycle
• Check payment must be received prior to the end of the billing cycle
• If check payment is not received, the account will be suspended.
  There is no grace period for check payment

Credit Card Failures
In the event of any credit card failure, a notice will be sent to the billing contact via email. If the credit card continues to fail and alternate payment is not obtained, the account will be suspended.

Returned Checks and Insufficient Direct Debit (ACH) Funds
Non-sufficient fund checks and direct debit (ACH) will results in a a fifty  dollar processing fee to the client.  A credit card is required on file for redundancy purposes for those selecting direct debit (ACH) for payment. If the ACH system has a problem, your credit card will be billed to prevent service interruption due to lack of payment.

Account Reactivation
If an account was cancelled due to client request or billing issues and the client desires to reactivate the account, a non-refundable reactivation fee of twenty-five dollars will be required prior to account reactivation. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees if applicable.

If an account was cancelled due to policy violation, Fpweb.net will not reactivate the account.

Refunds

• If client terminates services, refunds will be issued for whole months of service remaining - there are no partial month refunds.
• Setup fees are non-refundable
• Domain name registration is non-refundable
• Purchased SSL certificates or Web hosting plans that include a bundled SSL certificate are non-refundable and client must pay Fpweb.net the retail value for the SSL certificate.
• If Fpweb.net terminates an account due to policy violations, there will be no refund.
• There is no refund for the purchase of VP ASP shopping cart software.

Cancellations

If you would like to cancel your account for any reason, please send an email to customercare@fpweb.net.  
Please include the following in your email:

1. Email address we have on file for your account
2. Domain name for the site you are canceling
3. Date you would like to cancel the service
4. Reason for canceling

Violations

Fpweb.net has the right to terminate or refuse service to anyone and reserves the right to immediately discontinue service to anyone violating its policies. If an account is terminated for a policy violation there will be no refund. The policy violator may be assessed a five hundred dollar clean up fee. Fpweb.net reserves the right to delete the policy violating Web site content without notice.

Fpweb.net prohibits sites engaged in:
Illegal activities including but not limited to storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.

Ecommerce customers/sites not paying for an ecommerce hosting plan.

Ecommerce site is defined as a Web site that lists any product or service for sale.  Excessive (determined by Fpweb.net) affiliate linking unrelated to your primary business is also prohibited.

Adult content
The determination of what is "adult content" and prohibited shall be solely made by Fpweb.net.

Gambling content
The determination of what is "gambling content" and prohibited shall be solely made by Fpweb.net.

Internet abuse
Including but not limited to spamming - mass unsolicited Emailing, distribution of mass emailing programs, cross-posting messages to large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners, and spamming or verbally abusing support staff. Spammers may be charged up to $5000 for cleanup fees and may face criminal prosecution.

Spamming
Sending spam (unsolicited electronic mail) through the Fpweb.net system is not permitted and will not be tolerated.
Fpweb.net defines spam as "the sending of bulk e-mails or the sending of e-mail to users that have not explicitly asked to receive the sender's message." Fpweb.net will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending spam/bulk e-mails. We reserve the right to suspend or cancel Fpweb.net accounts that send bulk or unwanted junk mail (spam).  Fpweb.net reserves the right to limit the number of outgoing recipients of an individual email message to one hundred (100).

Systems abuse
Including but not limited to use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our systems, redirects/masking or non-Fpweb.net DNS service without express permission of Fpweb.net, installing continuously running programs, such as IRC bots, and reselling CGI scripts.

Uploading Unsupported Databases
Clients who have uploaded database(s) to the Web server, and whose hosting plan does not support database(s), will be notified via email.  Client will have 5 business days to remove database(s) or be automatically moved to the appropriate plan meeting the client's quota needs.

Reselling Hosting Services and Hosting Multiple Sites
Reselling hosting services or hosting multiple Web sites without the express permission of Fpweb.net is strictly prohibited.
Using DNS techniques such as redirects, masks, forwards, etc... to direct top/2nd/3rd level domains, subdomains, IPs inside or outside the Fpweb.net Hosting Network, to any folder, subfolder, subWeb or content outside the root of the domain on record, is prohibited.  Subwebs within SharePoint sites not related to the site (for example, another company) are expressly prohibited.  Each unique SharePoint site must have its own hosting plan.

Overages

Plan Overages
Clients exceeding their monthly hard disk space usage or transfer quota will be notified via email and will have 2 options.

1. Pay the overage
2. Move to the next highest hosting plan meeting their current quota demands.
   If client does not respond within 5 business days of notice, the second option will be exercised on their behalf.

Foreign Countries
Fpweb.net welcomes orders from any country. All payments are in US Dollars. Any ordered products or services cannot be started until full payment has been received and cleared by Fpweb.net’s bank.

Support

Free Technical Support is provided via phone, 24/7 online help desk, and email for all paying customers.  Technical support emails will be answered within 1 business day. Most support issues are resolved the same day reported.  Billing inquiries will be answered within one business day. Client agrees not to spam or abuse support.

Our Technical Support representatives are always willing to diagnose issues related to server connectivity, user ID and passwords.  Diagnosing or correcting issues with unsupported third-party software or scripts is beyond the scope of free support.

If you are experiencing problems that are a result of third-party software applications, we recommend that you either contact the manufacturer directly, or contact one of our Consulting Service representatives, who are billed out at a reasonable hourly rate. Instead of calling, you may prefer to email support@fpweb.net and have one of our representatives contact you.

Technical Support Parameters
Our Technical Support staff is available to assist you with troubleshooting all of the areas listed below. For services extending beyond those listed, you can speak with one of our Consulting Services representatives, who are billed out at a reasonable hourly rate. Instead of calling, you may prefer to email support@fpweb.net and have one of our representatives contact you.

Support Parameters:

Server Connectivity

• Server not responding by domain or IP address
• Inability to connect with FTP or FrontPage via domain or IP address
• Inability to upload files via FTP
• Inability to connect to your mail server

Script Paths

• Verify the script was uploaded as a text file
• Verify that the path to the interpreter is correct
• Check that the path to your site is correct
• Verify that you can publish and import a Web page (including publishing to a local drive)
• Verify that our E-mail forms and confirmation forms are working properly on your server

Frontpage

• Check that FrontPage Search Engine is functioning
• Check that the FrontPage Counter is working
• Re-install FrontPage Server extensions
• Verify that the functions necessary for uploading your content (host name, user ID and password) will authenticate and allow you to build your Web site
• Check the permissions on directories to allow scripts to run

Sharepoint

• Connectivity to the SharePoint Service
  talking/instructing the end-user logging into to the SharePoint server(s)
• Connectivity of FrontPage or SharePoint tools to modify SharePoint Sites
• Creation of SharePoint sub-sites and users
• Installation of SharePoint templates

Exchange

• Connectivity to the Fpweb.net service
  talking/instructing the end-user through configuring and connecting to the Fpweb.net email server(s) and receiving/sending email
• Configuration of Microsoft Outlook® Software
  talking/instructing the end-user through configuring Microsoft Outlook® and higher for Windows PCs
• Creation of additional mailboxes, distribution lists, and user aliases
• Issues related to Public Folders
• Issues related to security settings within the exchange (server-side) environment
• DNS related issues

SQL Server

• Verify that you can log on to your SQL account
• Verify you have administrator access to your SQL database
• Set MIME types on NT servers only

Mail Server

• Verify that your domain can send and receive mail
• Verify the mail server is up
• Verify you can log on and administer your mail server
• Verify the mail server is functioning properly

Domain

• Verify your domain is on our DNS servers
• Verify that your domain registrar has your domain pointed to our DNS server

Support Expectations
In order that you may be better able to plan the implementation of your Shared Hosting account, here are examples of time frames you may expect.

REQUEST TYPE	ACTUAL TIME	STIPULATION
Zone file changes (DNS)	24 hours	Please allow 72 hours for propagation before changes are effective.
Domain name registration	24 hours	Please plan on 2-3 days for your domain name to become active on your account. Before your domain transfers, you may use the numeric IP address to publish your files and set up your mail accounts. Transfers are normally processed within 3 days
"SSL certificate" requests	24 hours	Request and SSL certificate installation is handled within 24 hours The customer is required to work with the company providing the SSL certificate, therefore the entire process may take up to 1 week.
Plan changes upgrades, downgrades	24 hours	Allow 24 hours for DNS update before new hosting account can be accessed via IP #.
Account cancellations	24 hours	Accounts with open billing items may require extra time

System Updates
The client understands that system updates occur in real-time and as queued batch processes. For example, account passwords are currently updated as queued batch processes, therefore the update does not occur in the system instantaneously. Fpweb.net reserves the right to modify the processing times at any time without notice. If a client or Fpweb.net support personnel (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occurred in our system.

Security and Reliability

The security and reliability of the Fpweb.net Hosting and services is our highest priority. Fpweb.net works to maintain a fast, secure network and offer easy, hassle-free services. However, there are times when we cannot guarantee 100% reliability:

• Unusual Internet (pipe) congestion
• Automatic System Updates
  • Fpweb.net’s servers regularly update themselves with patches and bug fixes.
    Occasionally, these patches/fixes can affect our servers in an unexpected, detrimental way.
    Many of these patches/fixes are installed automatically and cannot always be tested prior to their implementation.
• Terrorist Attack
• "Acts of God"
  e.g. Tornado, Hurricane, Earthquake, etc...
• Virus/Worm/Denial of Service Attack

You specifically agree that Fpweb.net cannot be held liable for any missing data, corrupted data, incorrect transmission of data, failure to provide service, delay of service provision or anything in any way connected to the Fpweb.net service in excess of the cost of service provided.  Cumulative liability of Fpweb.net to a customer shall not exceed the total monthly service fee of the immediate prior one month of service.

Transmission of Data
You agree that Fpweb.net is not responsible for any unauthorized access or modification of your data stored by or transmitted via the Fpweb.net services. You also agree that Fpweb.net is not responsible or liable for any content sent using, or received from, the Fpweb.net services including that which may be illegal, obscene, defamatory, threatening or that may violate any trademark or copyright.

Virus Policy
The Fpweb.net service provides virus protection against incoming email viruses sent to your Fpweb.net addresses. All incoming messages to your Fpweb.net domain are scanned. It is our policy to delete affected attachments prior to delivery to your Fpweb.net mailbox. Fpweb.net virus protection uses the latest technologies to help ensure your protection. Our server software (virus patterns) is updated nightly.

Virus protection is an ongoing process and it’s impossible to protect against 100% of the virus threats and unfortunately we cannot be held responsible for new viruses that are not detected by our scanning software. End-users are responsible for protecting their computers and ensuring they are virus-free. We recommend that each end-user run a local anti-virus software package on their PC for additional protection. Fpweb.net will not be held responsible if your domain name is blocked by internet service providers (ISPs) for sending virus-infected emails. Most viruses are transmitted by email, but not all. If your email software is connected to another email service other than Fpweb.net , it is possible that virus-infected email could be pulled into your Fpweb.net account from another service. Fpweb.net cannot be held responsible for virus-infected email originally sent to email services outside of Fpweb.net.

Passwords
It is the end-user’s responsibility to keep his/her password confidential, and to change the password on a regular basis. Fpweb.net is not responsible for any data losses or security issues due to stolen passwords. Fpweb.net recommends that you use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.). Fpweb.net support does not have access to viewing existing passwords. For security reasons, Fpweb.net support can only reset passwords.

Size of Mailbox (e-mail)
Each mailbox has a storage capacity or limit. This is done to protect your account and others from potentially large volumes of email sent to a single address that could disable or halt the email system server. Additional storage can be purchased by emailing or calling the Sales Team.  It is the end-user’s responsibility to ensure that his/her mailbox does not reach capacity. Fpweb.net is not responsible for email lost due to full mailboxes. 

Legal & Disclaimer

Use of Microsoft Outlook® Software
Fpweb.net hosted exchange service includes the licensing for Microsoft Outlook® Software. The license fee is included with the monthly Fpweb.net service fee; however we may charge a nominal fee to ship the media to you. End-users are allowed to install the software one time and only on one PC for each Fpweb.net mailbox. Each end-user/individual using the Fpweb.net service must purchase an individual Subscriber Access License (SAL) – otherwise know as a “mailbox” for this service. Unfortunately, sharing of a single mailbox is not allowed unless additional licenses are purchased on a monthly basis for each user.  If you cancel your Fpweb.net account you acknowledge that you are responsible for uninstalling any Microsoft Outlook® client software that is licensed as part of the Fpweb.net service.

License to Fpweb.net
Customer hereby grants to Fpweb.net a non-exclusive, royalty-free, worldwide right and license during the Term to do the following to the extent necessary in the performance of Services under the Order: digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and make archival or back-up copies of the Customer Content and the Customer Web site. Except for the rights expressly granted above, Fpweb.net is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.

Disputes: Governing Law
This agreement will be governed and construed in accordance with the laws of the State of Missouri, without regard to conflict of laws provisions.  You and Fpweb.net agree that the Missouri Circuit Court for the County of St. Louis, Missouri, USA, shall have exclusive jurisdiction over any dispute between you and Fpweb.net relating in any way to the Fpweb.net service or Web site or these Terms and Conditions. You and Fpweb.net expressly and irrevocably consent to personal jurisdiction and venue in such court.  You and Fpweb.net agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, nonrepresentative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.

Marketing
Customer agrees that during the term of this Agreement Fpweb.net may publicly refer to Customer, orally and in writing, as a customer of Fpweb.net. Any other public reference to Customer by Fpweb.net requires the written consent of Customer.

Intellectual Property
Fpweb.net hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use applicable Fpweb.net Technology solely for the purpose of accessing and using the Services. Customer may not use the Fpweb.net Technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Fpweb.net to Customer any Fpweb.net Technology, and all rights, titles and interests in and to the Fpweb.net Technology shall remain solely with Fpweb.net. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Fpweb.net Technology.

Fpweb.net’s trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of Fpweb.net. Customer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of Fpweb.net. Fpweb.net shall maintain and control ownership of all Internet protocol numbers and addresses that may be assigned by Fpweb.net to Customer. Fpweb.net may, in its sole discretion, change or remove any and all such Internet protocol numbers and addresses.

Any feedback, data, answers, questions, comments, suggestions, ideas or the like which Customer sends to Fpweb.net relating to the Services will be treated as being non-confidential and non-proprietary. Fpweb.net may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Indemnification

Client agrees to defend, indemnify and hold harmless Fpweb.net against any liabilities arising out of defective products sold to customers from Fpweb.net servers, personal injury or property damage caused by products or services sold or distributed from Fpweb.net servers, any material that infringes or allegedly infringes on the rights of a third party available from Fpweb.net servers, and any material that libels or allegedly libels a third party available from Fpweb.net servers.

Disclaimer

Fpweb.net is not responsible for any damages to any client's business. Fpweb.net makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of Fpweb.net’s Internet services is at the client's sole risk. Fpweb.net’s services are provided on an "as is, as available" basis.

Fpweb.net does not guarantee that our services will be uninterrupted or error free. Fpweb.net will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will Fpweb.net be liable for any claims resulting from the use or inability to use Fpweb.net’s services - including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to Fpweb.net servers, InterNIC problems, DNS caching, Internet bandwidth congestion, power failures, vandalism, and natural disasters.