Terms of Service - Web Hosting
The terms below are an important part of the
service contract between you and NetWorks Technology Solutions. By
applying for our web hosting service, you have agreed to these terms and
These terms and conditions may be updated or changed at any time without
prior notice. It is the responsibility of the client to check back here
often. First Choice suggests checking for updates every 30 days.
The following words used in context of the Service Contract are defined
"Provider" - NetWorks Technology Solutions
"Client" - The person or entity who is applying for Web hosting
All fees are due in advance of service(s) being performed, unless
otherwise agreed to in writing.
All web hosting fees are pre paid by credit card and are billed
quarterly. For details on our billing procedures, please click here.
The Provider agrees to provide, and Client agrees to receive, web
hosting services according to the following terms and conditions:
Client will use NetWorks Technology Solutions' web hosting packages and
all other provided services in a manner consistent with any and all
applicable laws of all US States and the US Federal Government.
Client authorizes Provider to charge all fees due to the submitted
credit card or checking account prior to services being provided. Credit
cards are charged up to 6 days in advance of following billing period.
Provider reserves the right, in its sole discretion, to deactivate the
Client's Web hosting account(s) upon an
indication of credit problems including delinquent payments, or if this
service contract is violated. In the event that a client's bill is past
due by an amount greater than 30 days, First Choice may suspend the
clients services until the past due amount has been paid.
The provider service is provided on an "as is, as available" basis. The
provider gives no warranty, expressed or implied, for NetWorks
Technology Solutions' web hosting packages and all other services
provided, including, without limitation, warranty or merchant ability
and warranty of fitness for a particular purpose. This no warranty
expressly includes any reimbursement for losses of income due to
disruption of service by provider or its providers beyond fees paid by
client to provider for services.
Provider is not responsible for any damages arising from Client's use of
Provider or by Client's inability to use the Web hosting packages and
any other services for any reason.
While Provider shall make every reasonable effort to protect and backup
data for Client on a regular basis, Provider is not responsible for
Client's files residing on Provider's servers. Client is solely
responsible for independent backup of data stored on Providers server
and network. If Provider needs and is able to restore client's files due
to a file lost provider is not responsible for, provider may charge an
additional fee for this service.
Client hereby agrees that all domain names and any material submitted
for publication on provider through Client's account(s) will not violate
or infringe any copyright, trademark, patent, statutory, common law or
proprietary rights of others, or contain anything libelous or harmful.
Any potentially illegal activity may be deactivated without warning by
the Provider. Client hereby agrees to indemnify and hold harmless the
Provider for any claim resulting from the submission of illegal
Client hereby agrees that all domain names and any material submitted
for publication on Provider through Client's account(s) will not contain
anything leading to an abusive or unethical use of the web hosting
product(s). Abusive and unethical materials and uses include, but are
not limited to pornography, obscenity, nudity, violations of privacy,
computer viruses, hacking, Warez, MP3s and any harassing and harmful
materials or uses. Client here agrees to indemnify and hold harmless the
Provider from any claim resulting from your publication of materials or
your use of those materials. Provider may or may not give notice before
deactivating the use of an account(s) which the Provider decides is an
abusive or unethical use of the host server(s).
ELECTRONIC MAIL ABUSE POLICY
A. Harassment, whether through language, frequency, or size of messages,
B. Customers may not send e-mail to any person who does not wish to
receive it. If a recipient asks to stop receiving e-mail, the Customer
must not send that person any further e-mail.
C. Customers are explicitly prohibited from sending unsolicited bulk
mail messages ("junk mail" or "spam"). This includes, but is not limited
to, bulk-mailing of commercial advertising, informational announcements,
and political tracts. Such material may only be sent to those who have
explicitly requested it.
D. Customers may not forward or otherwise propagate chain letters,
whether or not the recipient wishes to receive such mailings.
E. Malicious e-mail, including but not limited to "mailbombing"
(flooding a user or site with very large or numerous pieces of e-mail)
and "trolling" (posting outrageous messages to generate numerous
responses) is prohibited.
F. Forging of header or any other information is not permitted.
G. Subscribing someone else to a mail list or removing someone else from
a mail list without that person's permission is prohibited.
H. NetWorks Technology Solutions accounts or services may not be used to
collect replies to messages sent from another Internet Service Provider,
where those messages violate this Usage Policy or the usage policy of
that other provider.
I. These rules apply to other types of Internet-based distribution
mediums as well, such as RLG's Ariel system (a system for sending
FAX-like documents over the Internet). USENET postings have their own
regulations; see below.
Due to the public nature of the Internet, all information should be
considered publicly accessible, and important or private information
should be treated carefully. Provider is not liable for protection or
privacy of electronic mail or other information transferred through the
Internet or any other network provider that customers may utilize.
Use of distribution lists via unsolicited electronic mail is strictly
prohibited. Provider reserves the right to deactivate the Client's Web
hosting account(s) upon any indication of such activity without notice.
Client hereby agrees to indemnify and hold harmless the Provider from
any claim resulting from the Client's or any other party's use of
electronic mail service(s) on the Client's Web hosting account(s).
In the event it is necessary to refer any dispute to an attorney, a
collection agency, or resolve it in a court of law, the prevailing party
will be entitled to an award of reasonable attorney's fees, collection
fees, and all costs associated with any legal action, whether or not a
suit shall actually be filed.
Provider maintains control and any ownership of any and all I.P. numbers
and addresses that may be assigned to Client and reserves in its sole
discretion the right to change or remove any and all IP numbers and
addresses. Client shall keep the right to use the domain name even if
client changes providers.