Web Hosting Provider FirstCMS for windows hosting,web hosting service

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Terms of Service

Terms of Services This service agreement is between FirstCMS Limited (hereinafter "Company," "we," "our," or "us") and you, our customer (hereinafter "Customer," "you" or "your"). Any questions regarding our policies should be directed to hosting@firstcms.net By using our hosting services, you agree to comply with our policies set for FirstCMS Limited. You are expected to use our servers and service with respect and responsibility. You must be at least 18 years old to use our services. All services provided by FirstCMS Limited may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, Trademarks, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless FirstCMS Limited from any claims resulting from the use of the service which damages the subscriber or any other party. The terms of this agreement shall survive the termination of your account with FirstCMS Limited All pornographic content and sex-related merchandising is prohibited on all FirstCMS Limited servers. This includes sites that links to adult content elsewhere. FirstCMS Limited will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to FirstCMS Limited servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites Pornographic material of any kind. Download only sites Commercial MP3 Sites Copyrighted material MLM Websites Refunds/Billing Customer understands and agrees that they will be billed by FirstCMS Limited for the the account services provided. You also agree to authorize all recurring charges to the account, and to be bound to the terms of this Agreement. We will notify you before we charge you for incurred expenses resulting from bandwidth or add-on's. * Customer agrees that they are signing up for a subscription and that you will be billed for the next billing period unless you cancel your account by the cancellation form on our website CancelAccount.asp . We have no way of knowing that you would like to cancel your services if you don't tell us. Not renewing your domain name or transferring your domain name from our servers is not considered a cancellation. If you are unhappy with our services and cancel your account If you have a credit for hosting months you have paid for but have not used you will receive a credit for those un-used months within 30 days from the cancellation date. You will not receive a credit for the initial one time setup fee, optional add ons, optional domain registrations, any discounts received, excess traffic and disk space or free months given during our special if applicable. Customers canceling during their first billing invoice will forfeit all free months given during signup special. Cancellations are effective at the end of the calendar month that your request for cancellation is received. There is a £25 cancellation fee applied to your account if your billing subscription has not expired. All credits will be applied to the credit card we have on file or if you have submitted your payment via paypal.com or Company check the credit will be applied there. It is your responsibility to ensure that we have received your request for cancellation. All claims of cancellation will not be honored. Customer must notify of the cancellation request a minimum of 15 days prior to the billing renewal date. If you notify FirstCMS Limited Host less then 15 days prior to the billing renewal date and you cancel your account there will be a charge for the next month. Resellers are required to give 30 day notice of cancellation. Customer will not receive a refund for the following reasons; account termination due to violation of policies. Your account will be prorated from the date you signup with us. Resellers or customers with multiple accounts because of the free months specials your discount is applied to your next billing invoice. Your account will be billed by the 1st day of the billing month until you cancel your account. Billing for your account is due and payable no latter than the 1st of the month when payment is due unless prior arrangements have been made with our billing department in advance. Customer agrees to keep up to date billing and contact information with our company. Reconnection Fee: If your account is disabled due to non-payment we will keep the website on our servers for a maximum of 30 days from the due date. Within that 30 day period if you would like to reactivate the account there will be a £25 reconnection fee. After the 30 days we will delete your account from our servers. If your account has already been deleted we can try and restore the website for an additional £50. Customers that cancel an account cannot re-signup and receive the free discounts that are for new customers only. Customers will need to wait 6 months before signing up again or forfeit the free hosting and free setup promotions. Promotions: All promotions of 3 months free ect. are for new customers only unless otherwise noted. Charge back's: All customers wishing to dispute any charges must contact us before issuing a charge back with their credit card provider. Once a charge back is issued we will investigate the matter and take the appropriate action however we will no longer host this account since fraudulent charge backs is a crime. Charge backs are considered theft and will be reported to the credit bureau's and the Charge back databases. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount according to our policies. Privacy We will not sell, share or rent your information to others unless it is required by any law enforcement or government agency. We will protect the confidentiality of our customers account information and personal communications to the fullest extent possible and consistent with the law. When calling or emailing our company you MUST be a contact for the account. If you are not a contact we cannot assist you. System and Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Failure to notify us of suspected or known security issues which effect the integrity of the network. Your site may be disabled during our investigation of the violations. Misuse of System Resources It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time, bandwidth or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account. Customer may not resell, share or give away Web space or any part of their individual hosting account, nor may Customer build Websites that house "sub domains" Websites on behalf of other companies, groups, individuals or for personal use. You may not redirect URL's that point to different Websites/Sub Directories within your website. When we become aware of the violation immediate suspension of account will occur. Customers who wish to resell the Company's Web space should contact us for more information on reselling our services. Conduct Our Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email or any other means will result in immediate account termination. (Host Concepts Inc.) has the right to refuse service to anyone for any reason at anytime. Security The customer shall protect the security of its information and data, and Our Services. The customer shall not disclose any password, for access to any of Our Services, to any third party. Spamming Sending unsolicited mail messages, including, without limitation, informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. It is against our policy for customers to use our servers to effect or participate in any of the following activities: 1. To send unsolicited mass e-mailings. 2. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a FirstCMS Limited provided server, or using a FirstCMS Limited provided server as a mail drop for responses. 3. To falsify user information provided to FirstCMS Limited or to other users of the service in connection with use of our service. You cannot use our servers for mass outgoing automated mailings. You must also use your ISP for outgoing mail for your regular email application excluding forms on your site or web based email we provide you. We are aware of all of the incoming and outgoing mail from our servers at all times. Limitation of Liability Customer agrees that it shall defend, indemnify, save and hold FirstCMS Limited.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FirstCMS Limited, its agents, its customers, officers and employees or any 3rd parties we do business with, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless /Host Concepts Inc. against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with FirstCMS Limited.com/Host Concepts Inc. server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from FirstCMS Limited/Host Concepts Inc. server. Any disputes will be filed in the state of California in the county of Riverside at customers expense. FirstCMS Limited.com/Host Concepts Inc. will not be responsible for any damages your business may suffer. FirstCMS Limited.com/Host Concepts Inc. makes no warranties of any kind, expressed or implied for services or software that we provide. FirstCMS Limited.com/Host Concepts Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lost data and any and all service interruptions caused by FirstCMS Limited and its employees and any 3rd parties. Although we maintain a 99.9% uptime FirstCMS Limited does not issue service credits for any outages. Consequences of Violation: When becomes aware of an alleged violation of its Acceptable Use Policy, We will initiate an investigation. During the investigation We may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, We may, at our sole discretion, restrict, suspend, or terminate Customer's account with or without notice and/or pursue other civil remedies. If such violation is a criminal offense, We will notify the appropriate law enforcement departments of such violation. Modification FirstCMS Limited reserves the right to add, delete, or modify any provision of this Policy or Hosting services at any time without notice. We pride ourselves in providing the best customer service to our clients. We welcome all questions you may have regarding your account. Log Files For customers that recieve log files and or stats please be aware that all log files will be deleted every 30 days therefore you should make sure that print your reports from your control panel before the deletion. Reporting Network Abuse: Any party seeking to report any violations of FirstCMS Limited policy may contact us via e-mail: at abuse@firstcms.net or call us at +44(0)1554778215. W e thank you for your consideration and respect to other internet users.

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