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ForgedNetwork.com Terms of
Service
Terms of Service
Revision date: 1/9/2007
By submitting the online order form, or by using Forged
Network's service, Customer hereby agrees to Forged Network’s
Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam
Policy (NSP), and Privacy Policy.
Customer agrees that it shall comply with this TOS, Forged
Network’s Acceptable Use Policy (AUP), and Forged Network’s
No-Spam Policy (NSP). Customer further agrees that it has read
Forged Network’s Privacy Policy and agrees to all the terms and
conditions in the Privacy Policy. In this document, the word
“Agreement,” with a capital “A,” refers to the TOS, the AUP, the
NSP, and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting services to be delivered, Customer
agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly
service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term
selected on the online order form or via applicable promotional
codes that may require Customer to order Forged Network's
service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup
fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice
of disconnection. All payment failures must be cured within 5
business days from invoice due date or account will be
suspended. Account termination will result from invoices overdue
for 30 days.
1.5. Forged Network is not and shall not responsible for
data integrity for any accounts that are terminated,
disconnected, or interrupted because of Customer’s failure to
pay for Forged Network’s services.
1.6. Customers agree to pay all taxes applicable to your
account.
2. Agreement for Services.
2.1. Forged Network will provide, and Customer will purchase
and pay for, the Web hosting services (the “Services”),
according to the service fees specified in the Order for the
applicable Service Description. Customer acknowledges that the
service, and service fees have been communicated to the
Customer, and that Customer is aware of all applicable charges
as per the Agreement. Customer also understands that no
promotional offers will apply to their individual service unless
said promotional offers are specified in this Agreement.
3. Payment.
3.1. Establishment and provision of service is contingent
upon receipt of payment from Customer to Forged Network.
3.1.1. Customer must pay in full for the Services before
Forged Network begins to provide the Services to Customer.
Invoices are generated 5 days before renewal and customer agree
that if paying by credit card, recurring billing will be billed
and charged automatically on the date the invoice is generated
and that Forged Network may apply the amount due at any time to
the credit card listed on file.
3.1.2. Setup fees will be charged and are due at the
time of the Customer’s initial request of the Services requiring
setup.
3.2. Payment is due on the defined monthly recurring billing
date of each month. All returned checks will be charged a $20.00
service fee. Service will be interrupted on accounts that reach
5 days past due. Accounts that are not collectable by Forged
Network will be turned over to an outside agency for collection.
If your account is turned over for collection, you agree to pay
to Forged Network a “Processing and Collection” Fee of not less
than Fifty ($50.00) Dollars nor more than One Hundred Fifty
($150.00) Dollars.
4. Delinquent Accounts.
Forged Network may temporarily deny service or terminate this
Agreement upon failure of Customer to pay charges when due. Such
termination or denial will not relieve Customer of
responsibility for the payment of all accrued service fees, and
any collection fees to which Forged Network may be entitled
under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for
any reason or for no reason, by filling out the “Cancellation
Request Form” which is provided on the Forged Network Web site.
You can find the “Cancellation Request Form” at the following
Web page: http://www.forgednetwork.com/web/cancellation.html
Once a Customer has cancelled their account before the renewal
date, no more charges will be billed to the account.
Cancellations on or after renewal will be charged renewal fees.
Paypal paying customers canceling their paypal subscription
payment does not warrant cancellation of service. All
cancellations must go through the cancellation form.
Customer can terminate their account for any reason or for no
reason. However, Customer understands and agrees that Forged
Network does not provide pro-rated or any other kinds of refunds
on cancellations. All fees Customer has paid shall be
nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS
SECTION 6, ALL PAYMENTS TO Forged Network ARE NONREFUNDABLE.
All payments to Forged Network are nonrefundable. This includes
any setup fees and monthly fees regardless of usage. All billing
disputes must be reported within thirty (30) days of the time
the dispute occurred. Disputed charges to your credit card
issuer, also known as chargeback's, which, in Forged Network’s
sole discretion, are invalid under the terms and conditions of
this Agreement, will result in service interruption, and
reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement,
Forged Network offers to its Customers a 30-day money-back
guarantee on fees for hosting services only (the “30-Day
Guarantee”). If for any reason you cancel your account by
filling in the account cancellation form and submitting it to
Forged Network, within thirty (30) days of the beginning of your
service, Forged Network will refund your money with no questions
asked; provided, however, that you have never previously
obtained a refund under the 30-Day Guarantee. If you have ever
previously obtained a refund under the 30-Day Guarantee, your
account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount
you paid for hosting services only, and will not include any of
the following fees:
Setup fees,
Fees for domain name registrations,
Fees charged for exceeding your allotted disk storage space or
bandwidth,
SSL certificate fees,
Web design fees,
Web site marketing fees,
Any add-on services, features, software, and
Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following
limitations:
You are entitled to a maximum of one (1) 30-Day Guarantee.
If you do not cancel your account within thirty (30) days of the
beginning of your service, your right to the 30-Day Guarantee
shall expire forever and may not be revived under any
circumstances, without the prior express written approval of
Forged Network.
You may not transfer or assign the 30-Day Guarantee to any third
party.
You agree that you will not circumvent the restrictions on the
30-Day Guarantee described in this document, or attempt to
circumvent those restrictions by any means, including, but not
limited to, the following actions:
Creating multiple accounts, using the same customer name or
different customer names;
Canceling your account for the sole purpose of obtaining a
refund and then registering for a new account;
Organizing multiple business entities or using assumed business
names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when you
register for your account; or
Requesting a refund under the 30-Day Guarantee at any time after
you have already received a refund under that guarantee.
If you violate any provision of any of the following policies of
Forged Network, you will not be eligible for the 30-Day
Guarantee:
Terms of Service (TOS);
Acceptable Use Policy (AUP); or
No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding
new services, removing services, or changing the type of hosting
plan you have do NOT make you eligible for an additional 30-Day
Guarantee. The 30-Day Guarantee applies to your first order of
Web hosting services from Forged Network and does not apply to
any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates
any international, foreign, federal, state, or local laws
applicable to the service terms described in this Agreement.
8. Forged Network reserves the right to discontinue service to
any Customer it deems, in its sole discretion, violates any
condition of service including, but not limited to, the
following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
9. Backups.
9.1. In order to allow us to provide the best service to
you, Forged Network accounts are backed up daily and weekly.
However, these backups are intended for Forged Network’s
administrative purposes only, to allow us to provide excellent
service to our customers. As part of its commitment to
first-rate customer service, Forged Network always seeks to
create complete and accurate backups of customer accounts.
9.2. Even the best and most complete and redundant backup
systems can and do fail for a variety of reasons, despite the
best efforts of the Web hosting service. THEREFORE, Forged
Network DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS,
CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY
CONTAIN. Consequently, you must not rely upon the availability,
completeness, currency, or integrity of these backups.
9.3. Customers are responsible for maintaining their own
backups on their own personal computers or other computers.
9.4. Forged Network does not provide any sort of
compensation for lost, inaccurate, incomplete, or outdated data
in the event that Forged Network’s backups do not function
properly, regardless of the reason(s) for any such malfunction,
even if the malfunction was due to the fault or negligence of
Forged Network or any of its employees or agents, and regardless
of whether Forged Network had been informed of the possibility
of such malfunction, or any fault or negligence that might cause
it.
9.5. In the event that you need to recover data from a
backup, Forged Network will use reasonable efforts to restore
data to your account from the appropriate backup. HOWEVER,
PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN
BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE
BACKUPS. AGAIN, Forged Network DOES NOT GUARANTEE THE
AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS
BACKUPS.
9.6. You understand and agree that Forged Network’s backup
policy does not create any warranties for whose breach Forged
Network can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless
Forged Network, and the parents, subsidiaries, successors,
assigns, employees and agents of Forged Network against any
losses, claims, damages, liabilities, penalties, actions,
proceedings or judgments (collectively, “Losses”) to which an
indemnified party may become subject and which Losses arise out
of, or relate to this Agreement or Customer’s use of the
Services, and to reimburse an indemnified party for all legal
and other expenses, including reasonable attorneys’ fees
incurred by such indemnified party in connection with
investigating, defending, or settling any Loss whether or not in
connection with pending or threatened litigation in which such
indemnified party is a party.
11. Forged Network SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES
FOR
11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF
PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING
FROM THE USE OF Forged Network’S SERVICES BY CUSTOMER OR ANY
THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF
LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES,
MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. Forged Network PROVIDES THE SERVICES AND PRODUCTS AS IS,
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Forged
Network DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY
THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER
SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND
SUITABILITY OF THE SERVICES AND Forged Network SHALL HAVE NO
LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Forged Network
DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER
ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION
ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH
PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR
NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. Forged Network DOES NOT ASSUME ANY LIABILITY FOR THE
COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION
DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS
SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15.No Waiver of Rights by Forged Network.
Any failure by Forged Network to enforce this Agreement in every
instance in which it might apply does not amount to a waiver of
any of Forged Network’s rights.
16. Arbitration.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS
CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE
SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL
ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND
JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE
ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
17. Notices.
17.1. From Forged Network to Customer.
Forged Network will notify you by e-mail of any notices that
Forged Network is required to provide to you under this
Agreement, at the most current e-mail address you have provided
to Forged Network.
By entering this Agreement, you consent to receive notices by
e-mail. You are solely responsible for ensuring that Forged
Network has your most current e-mail address, and Forged Network
shall not be responsible for any lost, misdirected, bounced,
forwarded, or undeliverable e-mail that Forged Network sends to
the most current e-mail address you have provided to Forged
Network.
17.2. From Customer to Forged Network.
Unless otherwise specified in this Agreement, notices to Forged
Network shall be sent to the following address:
Forged Network
Attention: Legal Notices
7796 Buckwood Ct.
Las Vegas, NV 89149
18. Governing Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, without regard to choice of
law or conflicts of law provisions that would cause the
application of the law of another jurisdiction.
19. Currency.
All monetary amounts to which this Agreement refers shall be in
United States dollars.
20. Entire Agreement.
This Agreement, including all of its component parts, comprises
the entire agreement between you (the Customer) and Forged
Network, and supersedes any prior or previous agreements between
you and Forged Network with respect to the subject matter of
this Agreement; provided, however, that you agree that you shall
be subject to any additional terms and conditions of which
Forged Network notifies you from time to time, pursuant to this
Agreement.
21. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
22. Assignment.
22.1 Customer shall not assign or attempt to assign its
obligations under this Agreement without Forged Network’s prior
and express written consent to such assignment.
22.2. Forged Network may assign any or all of its rights and
obligations under this Agreement at any time without prior
notice to or consent of Customer.
23. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any
dispute, controversy, or claim arising out of, in connection
with, or in relation to this Agreement, or the breach thereof
shall be proper only in a venue determined Forged Network.
24. Choice of Law.
For all purposes, this Agreement shall be deemed to have been
made within the State of Texas, United States of America. This
Agreement shall be governed by the laws of the United States of
America and the laws of the State of Texas, without regard to
Texas’ choice of law and conflicts of law rules, and Forged
Network and Customer each submit to the exclusive jurisdiction
of the courts of Harris County, Texas, or to the United States
District Court for the Southern District of Texas, should any
claim or question arise under Federal law or federal
jurisdiction based upon diversity of citizenship.
25. Force Majeure.
Forged Network shall not be liable or deemed to be in default
for any delay or failure in performance under this Agreement or
interruption of service resulting directly or indirectly from
acts of God, civil or military authority, acts of public enemy,
war, terrorism, riots, civil disturbances, insurrections,
accidents, fire, explosions, earthquakes, floods, the elements,
strikes, labor disputes, shortages of suitable parts, materials,
labor or transportation, magnetic interference, interruptions of
electrical power or other utility service, unavailability of any
telecommunications or wireless service or connection to any
telecommunications or wireless service, or any cause beyond the
reasonable control of Forged Network.
26. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect
the original intentions of the parties hereto, and the remainder
of the provisions shall remain in full force and effect.
27. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Forged
Network’s performance or alleged non-performance of this
Agreement must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is
forever barred.
28. Denial of Service
Forged Network reserves the right to refuse or discontinue
service to anyone at our sole discretion.
29. Abuse of Forged Network Staff or Support Personnel.
29.1. At Forged Network, we take pride in providing
excellent service to all of our customers. It is our policy
always to treat our customers with the highest level of respect
and courtesy. In return, we expect the same respect and courtesy
from you.
29.2. If our staff feels that you are consistently engaging
in abusive content toward them, or addressing them in a
demeaning or rude manner, your account(s) may be suspended and
you may be asked to take your business elsewhere. In the event
that we terminate service for abusive conduct, customers will be
given five (5) days’ notice to find a new Web host. We will
issue a refund only for the unused portion of pre-paid service.
29.3. Abusive conduct includes, but is not limited to, the
following behaviors:
Repeatedly addressing members of our staff in a demeaning or
rude manner;
Using profanity in any oral or written communications with our
staff, by any medium of communication, including but not limited
to e-mail, instant messages, chat, text messaging, fax, postal
mail, telephone, voice over Internet Protocol (VoIP), or
in-person communication;
Yelling or shouting at our staff;
Deliberately using all capital (uppercase) letters in any
written communication to our staff;
Insulting our staff because of their personal characteristics,
or on the basis of their race, ethnicity, national origin, sex,
sexual orientation, religion, or housing or economic status; or
Deliberately providing false information to our staff for the
purpose of harassing them or wasting their time.
All services provided by Forged Network ("Forged Network")
may be used for lawful purposes only. Transmission, storage or
presentation of any information, data or material in violation
of any United States federal, state or city law is prohibited.
This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material
protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Forged Network from any
claims resulting from the use of service which damages the
subscriber or any other party.
Prohibited are sites that promote any illegal activity or
present content that may be damaging to Forged Network' servers,
or any other server on the Internet. Links to such materials are
also prohibited.
We hope this AUP is helpful in clarifying the obligations
of Internet users, including Forged Network and its subscribers,
as responsible members of the Internet. Any complaints about a
subscriber's violation of this AUP should be sent to
info@forgednetwork.com. |
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