Customer
Use of Services
- Disk
Space and Client Content: 123-FamilyTree offers 200 MB, 500 MB, and 1500 MB of space in our
PhpMyFamily Hosting Plans. We reserve the right to not
host any website that consumes over 1500 MB of disk space.
Each plan has a 15,000 file limit. Accounts are to be
used by the primary owner only. Single domain account
holders are not permitted to resell web-hosting services
of their website to other parties. Client agrees that
webpages and files uploaded to our servers will not violate
any state, federal or foreign laws or regulations; infringe
on any intellectual property rights of 123-FamilyTree
or any third party; be defamatory, slanderous or trade
libelous; be threatening or harassing; be discriminatory
based on gender, race, age; promote hate; or contain viruses
or other computer programming defects which result in
damage to 123-FamilyTree or any third party. Customers
may not run IRC bots or clients. Unacceptable uses of
our service also include: Bulk emailing, unsolicited emailings,
newsgroup spamming, pornographic content or links to adult
websites, nudity, copyrighted MP3s, illegal content, copyright
infringement, trademark infringement, warez, cracks, or
software serial numbers. 123-FamilyTree will be the sole
and final arbiter as to what constitutes a violation of
this policy.
- Bandwidth
Usage: 123-FamilyTree offers up to 20 GB of data transfer
per month with a 2 GB daily limit for the largest Hosting Plan. Bandwidth
is calculated on a recurring 30 days. Sites that use over
2 GB per day or 10 resp. 5 GB or 3 GB in 30 days will
automatically be disabled. Bandwidth cannot be combined
with multiple plans. We reserve the right to not host
any website that consumes over 20 GB per month.
- Excessive
Resource User Policy: Resources are defined as bandwidth and/or processor utilization.
A website is considered to be using "Excessive amounts
of resources" when it monopolizes the resources available
by using 10% or more of system resources for longer than
60 seconds. There are numerous activities that could cause
such problems; these include: CGI scripts, PHP, FTP, HTTP,
etc. A site that consumes over 2GB/day or 10 resp./month
of bandwidth is also considered "excessive resources."
This policy is only implemented in extreme circumstances
and is intended to prevent the misuse of our servers.
We reserve the rights to suspend or terminate any hosting
account that we feel is jeopardizing our network. 123-FamilyTree
will be the sole and final arbiter as to what constitutes
a violation of this policy.
- MySQL: Each database has a 3 user limit, 36,000 queries/user per hour and
3,600 connections per hour.
- No
"Spam": UCE/UBE or "Spam" originating
from a 123-FamilyTree account, or associated with a 123-FamilyTree
account, is not tolerated. This includes any e-mail that
promotes web sites hosted on a 123-FamilyTree account
but is sent from an e-mail address not associated with
that 123-FamilyTree account. Client shall not use their
123-FamilyTree services for chain letters, junk mail,
bulk-email, or any use of distribution lists to any person
who has not given specific permission to be included in
such a process. 123-FamilyTree reserves the right to deactivate
or terminate any account(s) upon any indication of such
activity without notice. There will be a $140 clean up
fee if an account was suspended for policy violation.
There is a 1000 Email limit that can be sent out within
a 24 hour period.
- False
Information: False Information. Client agrees not
to post false or inaccurate information to news groups
in violation of the news groups' rules and regulations.
If any news groups or service providers contact 123-FamilyTree
concerning unethical, false or unlawful activities by
you, 123-FamilyTree reserves the right to terminate your
service without notice.
- Licensed
Software Only: Client agrees to use only properly
licensed third party software in connection with Client's
use of the Services.
- Back-Up
Files: 123-FamilyTree will make every reasonable effort
to protect and backup data for Client on a regular basis,
however 123-FamilyTree does not guarantee the existence,
accuracy, or regularity of its backup services and, therefore,
client is solely responsible for independent backup of
data stored on Providers server and network. There is
a one time fee of $100 for our Administrator to retreive
client's individual back-up files.
- 99.9%
Uptime: 123-FamilyTree has a 99.9% average uptime
across our entire network at large, which includes webservers,
mailservers, and more - as a whole. If a single server
is temporarily offline, the rest of the 123-FamilyTree
servers remain unaffected and uninterrupted, thus contributing
to our overall uptime.
- Domain
Name Registration: 123-FamilyTree uses ItsYourDomain
for domain name registration. There is a $9.75/year fee
for new domain name registrations and $12 for transfers.
(Domains do not need to be transferred to our registrar
for the sites to be hosted with 123-FamilyTree.)
Right
to Refuse Service
At
its sole discretion, 123-FamilyTree has the right to refuse
any and all service or services to any applicant, customer,
client whether it be an individual or legal entity.
Payment Obligations, Renewals, and Cancellations
- Payment
Obligations: Full payment is required in advance,
before hosting service is established. You grant 123-FamilyTree
the right to debit the credit card or bank account via
our credit card merchant account or PayPal, depending
on the form or payment and currency you choose to pay
in. You will be billed until the service is cancelled
by you in writing (e-mail or FAX) or is cancelled by 123-FamilyTree
according to terms of this Agreement. You warrant and
represent that the information you supply in the Order
Form (or other information that 123-FamilyTree may require)
is accurate and truthful. All payment-due notices will
be send to Customer by electronic mail. No bills or invoices
will be sent by postal mail or FAX. If payment was not
received by the renewal date, your account will be suspended
within 7 days after payment due date. Any
suspended account will be terminated within 15
days after payment due date if no payment is received
within this time.
- Renewals:
Your account will be automatically renewed under the same
time and fee structure unless you give written notice
to 123-FamilyTree two (2) days before the renewal date
that you do not wish to renew such account.
- Cancellation:
You may cancel at anytime. If you cancel before the first
30 days, please refer to the details under "Limited
30-day Money Back Guarantee." If you cancel after
the first 30 days from the opening of your account, you
will be obligated to pay all fees and charges accrued
prior to the effectiveness of the cancellation. 123-FamilyTree
will refund to you the prepaid fees for basic hosting
for the full months remaining after effectiveness of cancellation,
less any prior fees and charges, and an early cancellation
fee of $25. All cancellations must be received in writing
as per the deadlines indicated by e-mail or FAX. Cancellations
will be processed by our staff on a daily basis.
Limited
30-day Money Back Guarantee
If
you are not completely satisfied with our services within
the first 30 days from the opening of the account, you will
be given a full refund on your hosting fee excluding setup
fees and additional services. If paid by credit card, refunds
will be issued to the original credit card provided at the
time of purchase. If your account has been cancelled by
us due to a breach of the terms and conditions on your part,
you will not be eligible for a refund. Domain name registration
is non-refundable.
Disclaimer
of Warranty
You agree to use the Services and any information obtained
through or from 123-FamilyTree at your own risk. You acknowledge
and agree that 123-FamilyTree exercises no control over,
and accepts no responsibility for, the content of information
passing through 123-FamilyTree's host computers, network
hubs, points of presence or the internet. THE SERVICES PROVIDED
UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
BASIS. 123-FamilyTree MAKES NO WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. 123-FamilyTree
MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED
OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE
OF SERVICES IS ACCURATE AND RELIABLE. 123-FamilyTree EXPRESSLY
DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY
OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY 123-FamilyTree.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY 123-FamilyTree
PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH
INFORMATION OR ADVICE. The terms of this Section will survive
any termination of this Agreement.
123-FamilyTree
is not responsible for any interruption in service or down
time that may occur, whether due to external network disruptions
or negligence of 123-FamilyTree. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, equipment
failure and any and all other service interruptions caused
by 123-FamilyTree.
Limitation
of Liability
You agree that 123-FamilyTree will not be responsible for
any losses that may incur where Services are accessed by
third-parties through illegal or otherwise unauthorized
means, including but not limited to situations where data
is accessed through the exploitation of security gaps, weaknesses
or flaws (whether known or unknown to 123-FamilyTree at
the time) which may exist in the Services or in 123-FamilyTree's
equipment used to provide the Services.
Under
no circumstances will 123-FamilyTree be liable for any consequential,
indirect, incidental, special or punitive damages, or loss
of profits, revenue, data or use by Customer, any of its
customers, or of any other third party, whether in an action
in contract or tort or strict liability or other legal theory.
123-FamilyTree will not be liable to Customer, any of its
customers, or any other third party, for any loss or damages
that result or are alleged to have resulted from the use
of or inability to use the Services, or that results from
mistakes, omissions, interruptions, deletion of files, loss
of data, errors, viruses, defects, delays in operations,
or transmission or any failure of performance, whether or
not limited to acts of God, communications failure, theft,
destruction or unauthorized access to 123-FamilyTree's records,
programs, equipment or services.
Notwithstanding
anything to the contrary in this Agreement, 123-FamilyTree's
maximum liability under this Agreement for all damages,
losses, costs and causes of actions from any and all claims
(whether in contract, tort, including negligence, quasi-contract,
statutory or otherwise) will not exceed the actual dollar
amount paid by Customer for the Services which gave rise
to such damages, losses and causes of actions during the
12-month period prior to the date the damage or loss occurred
or the cause of action arose.
This
limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown)
that may exist in connection with this Agreement. The terms
of this Section will survive any termination of this Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless 123-FamilyTree,
its officers, directors, employees, shareholders and agents
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 arising out of or relating to (i) Customer's use of
the Services, (ii) any breach by Customer of this Agreement,
or (iii) any acts or omissions of Customer. The terms of
this Section will survive any termination of this Agreement.
Force
Majeure
123-FamilyTree will not be liable for failure or delay in
performing it obligations if such failure or delay is due
to circumstances beyond its reasonable control, including
but not limited to acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability
of, interruption or delay in telecommunications or third
party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials,
supplies or power used in or equipment needed for provision
of the Services.
Disclosure
of Customer Information and Legal Process
Although 123-FamilyTree maintains strict confidentiality
on Customer's information, there are certain exceptions
in which 123-FamilyTree may disclose information in its
possession, including but not limited to information about
the Customer's internet transmissions and website activity
in order to comply with court order, subpoena, discovery
request, warrant, statute, regulation or official governmental
requests. 123-FamilyTree has no obligation to notify Customer
about whom the information is sought or that 123-FamilyTree
has provided the information. Customer acknowledges the
above exceptions and agrees to them without reservation.
Governing
Law; Jurisdiction; Arbitration
In the event of recourse to legal action, both parties agree
to submit to personal jurisdiction in the state of BASIC
Network Corp.'s incorporation, and the agreement shall be
governed by the law of that state. An award rendered in
connection with arbitration pursuant to this Section shall
be final and binding upon the parties. The parties agree
that the award of the arbitral tribunal will be the sole
and exclusive remedy between them regarding any and all
claims and counterclaims between them with respect to the
subject matter of the arbitrated dispute. The terms of this
Section will survive any termination of this Agreement.
Assignment
Customer will not have the right to assign this Agreement
without the prior written consent of 123-FamilyTree.
Entire
Agreement; Severability
This Agreement represents the entire agreement between the
parties, and supersedes all previous representations, understandings
or agreements. If any provision of this Agreement is held
by a court of competent jurisdiction to be invalid, unenforceable,
or void, the remainder of this Agreement will remain in
full force and effect.
Customer
hereby represents that he, she or it, is either an individual
entering this Agreement for his or her personal use and
is over 18 years of age, or is a corporation other legal
corporate entity, duly organized, validly existing and in
good standing under the laws of the state of its organization
and the person acting on behalf of Customer is duly authorized
to accept, execute and deliver this Agreement on behalf
of Customer.
