This User Agreement ("Agreement") is an agreement between FSW.biz, and the party set forth in the related Registration ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration or other online Ssignup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User upon Registration (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, customers, subscribers, affiliates (including without limitations Users or non-Users to whom FSW.biz provides links or banners to promote the services or products of FSW.biz or any third party the services or products of which are offered by or obtained through or in connection with FSW.biz), resellers or others (i) who sign up for, use or obtain services or products from FSW.biz or from any third party services or products of which are offered by or obtained through or in connection with FSW.biz, or (ii) who visit the Web sites of FSW.biz or of any such third party.
PLEASE READ THIS AGREEMENT CAREFULLY.
SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
- User's Representations and Warranties.
- User hereby represents and warrants to FSW.biz, and agrees that during the Initial Term and any Term thereafter User will ensure that:
- User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by FSW.biz to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
- User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
- User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
- User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
- User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation
- the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,
- ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
- ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.
- User grants FSW.biz the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services
- In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf
- User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
- User will cooperate fully with FSW.biz in connection with FSW.biz's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for FSW.biz's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify FSW.biz of any change in User's mailing address, telephone, electronic mail or other contact information.
- User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
- Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by FSW.biz to provide the Services, as the same may be changed by FSW.biz from time to time. FSW.biz shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by FSW.biz to provide the Services.
- User is solely responsible for making back-up copies of the User Web site and User Content.
- FSW.biz does not maintain backup copies of User Web sites or e-mail. FSW.biz cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and FSW.biz strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
- User is responsible for maintaining the confidentiality of login and billing information. FSW.biz is not liable for any account disputes that may arise between various parties holding account login information. FSW.biz is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the control panel. User is responsible for updating and maintaining contact and billing information with FSW.biz. Any changes to the User contact information must be made using the account control panel or by contacting our Support Team. User is responsible for ensuring that FSW.biz is able to notify the User for technical, billing or other issues or purposes deemed necessary by FSW.biz to maintain the account.
- Payment Policies - General
- Accounts will not be activated or reactivated without prior payment.
- All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
- Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
- Any losses or expenses experienced by the User, due to actions taken by FSW.biz in response to Users non-payment, are not the responsibility of FSW.biz.
- Payment Policies - Payment Processing
- By purchasing our hosting services, you are agreeing to allow FSW.biz to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
- You grant FSW.biz permission to charge you for any and all services you request, including, but not limited to, hosting and/or domain name renewals.
- If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
- When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
- If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
- If we make any refunds due to charges you dispute FSW.biz, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by FSW.biz as a result of your dispute. We cannot guarantee any files or e-mail will be available upon reactivation.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
Internet Protocol (IP) Address Ownership. If FSW.biz assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to HyperMart, and User shall have no right to use that IP address except as permitted by FSW.biz in its sole and absolute discretion in connection with the Services, during the term of this Agreement. HyperMart shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by FSW.biz, and FSW.biz reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- Bandwidth and Disk Usage. FSW.biz shall provide User with a certain volume of bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts as described in FSW.biz web pages related to such Services. The Services are intended for normal use only. Any activity that results in excessive usage inconsistent with normal usage patterns is strictly prohibited. User agrees that such bandwidth and disk usage shall not exceed the amounts set by FSW.biz for the Services (the "Agreed Usage"). These allotments are optimized and dedicated towards serving the Content and User's electronic mail services related solely to User's web hosting account(s) with FSW.biz. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.FSW.biz will monitor User's bandwidth and disk usage. FSW.biz, in its sole discretion, shall have the right to take any corrective action if User's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in FSW.biz's sole and absolute discretion. If FSW.biz takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services and will each, including bandwidth, disk space and other resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If FSW.biz learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or Agreed Usage, FSW.biz may be obligated to inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail. User is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s) and otherwise complies with this Agreement. FSW.biz will use commercially reasonable efforts to e-mail Users who are at or near their bandwidth utilization limits, but FSW.biz does not take responsibility if e-mail notification(s) is not received by the User. FSW.biz reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the bandwidth allotment.
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