THESE
ARE THE TERMS OF
which govern your hosting transaction.
They explain what we provide and what we do not provide. All
hosting accounts are covered by a 30-Day
Guarantee.
Unacceptable
or Socially Inappropriate Content: we reserve
the right to refuse Domain Hosting to Sites deemed "Unsuitable". Unsuitable
sites include, for example, sites that:
include,
promote, or link to SEXUALLY EXPLICIT material.
include,
promote, or link to violence or illegal activities.
include,
promote, or link to material that promotes or depicts discrimination
based on sexual orientation, race,
gender, religion, national origin, physical or mental disability,
or age.
include,
promote, or link to material which violate intellectual
property rights or material of such nature.
Right
of Refusal: We reserve the right to refuse/terminate hosting
to any individual, company, organization, or entity for
any reason. In such cases, Full Circle Hosting.com may issue a full
and immediate refund of all monies paid including setup fee's.
In the event that accounts are refused/terminated, no explanation
will be required.
Mail
Server Policy: Any sites that engage in excessive use of the Mail
Server are prone to immediate termination without notice. Excessive
use is defined as any process or procedure which overtaxes the
Mail Server resulting in other clients being unable to access
the Mail Server to send and receive normal email communications.
Prolonged and repeated mail abuse will result in a users SMTP
privileges being revoked without notice.
Spam
Policy: We do
not practice, participate in, nor condone SPAM of any sort.
Offenders of SPAM will be notified in writing by us to
cease and desist such activities. Failure to comply
will result in immediate termination of mail services without
refund. The negligence of a single domain residing
on our servers could result in us being placed on an anti-spam
list. Should we be placed on the anti-spam list, every domain
e-mail will be affected and blocked. We wish to protect
our customers of this problem and for this reason,
we will remain intolerant of SPAM.
Policies
and Pricing: Customers who purchase Full Circle Hosting.com
will be considered customers. All company rules, policies and
operating procedures concerning customer orders, customer service
and sales will apply to these customers. We reserve the
right to change our policies and operating procedures at any time.
For example, we will determine the pricing schedule for services sold
by us which may vary from time to time.
Payment
of services: Full Circle Hosting.com accepts
payment in the form of Credit Card (Mastercard, Visa, Discover, American Express), personal or company check, via PayPal.
NSF
checks will be charged a $50 US fee. Credit
Card numbers will be verified before transactions occur. Upon
receipt of payment, you will receive an order confirmation via
an e-mail message outlining other policies and procedures.
Agreement: We agree to process services
purchased by customers. We reserve the right to reject orders
that do not comply with the necessary requirements that we may
establish from time to time. We will be responsible for all aspects
of processing, customer support and payment processing
and we agree to handle all customer requests generated
at the order form. After the completion of the setup of your services,
ALL requests must be made via email to support@FullCircleHosting.com
This is necessary to be sure all requests for assistance
are met in a timely, efficient manner.
Affiliates: At such a time as an Affiliate Program is established, we will track sales made to customers who purchase services using link IDs from the Approved Site to our site and we will provide
you with reports of the sales at the time of Fee Payment.
Customer
Service and Our Warranty: We agree
to provide technical assistance for services you purchased where
there is a technical problem as the result of the setup or configuration
of your Internet services. We will resolve these problems
and provide e-mail response as to the solution within 1-2 business
days providing you follow the policies and procedures
outlined in your order confirmation document. We will provide
answers to frequently asked questions or problems which will be
posted on our site under the FAQ link. We will
not provide technical training other than the FAQ section, the
directions that come to you at the completion of your setup, or
training and/or consulting services you have or will purchase.
FULL CIRCLE HOSTIN stands behind all our services -- both
Internet and Customer Service. At all times, we want our customers
to feel satisfied. We will provide the best possible services to
you. Should you find a problem with the setup of your Internet
services as it is going on you are responsible to contact Full Circle Hosting as outlined in your order confirmation document.
Flame mail directed to Full Circle Hosting.com or any of its officers
or employees will not be tolerated. Should
you be unsatisfied with any of our services within the first 30
days (from the time payment and/or agreement is received),
where no mutual agreement can be met, Full Circle Hosting may provide
you a full refund minus 10% (required for labor fees on the setup
of your services). Refunds will not be issued past 30 days.
* We
disclaim all liability for development and maintenance of Your
Site that has not been directly purchased from Full Circle Hosting.com. You
will compensate and hold us harmless from all claims, damages
and expenses (including, without limitation, attorneys' fees)
relating to the development and maintenance and contents of Your
Site.
Should
error or distinctions occur with the operations of your site based
on development or maintenance provided by sources other than Full Circle Hosting, you will be held liable, and will be expected
to provide the necessary provisions for correction of this.
Relationship
Between You and Full Circle Hosting.com: This is an agreement between independent contractors -- You and Full Circle Hosting.com. This
Agreement does not imply any partnership, joint venture, agency,
franchise, sales representative or employment relationship between
you and Full Circle Hosting.com. You will not have, nor will you represent
that you have, any authority to make or accept any offers or representations
on our behalf. You will not do anything to disparage or
damage the reputation of Full Circle Hosting.com or any of its officers, employees,
products and/or s.
Misrepresentation:
You will not misrepresent Full Circle Hosting.com by expressed or implied
claims of success, warranties or obligations or there
of on our behalf. We disclaim any liability for such claims
or implications made on your part to prospects, potential customers,
and/or customer of Full Circle Hosting.com. You acknowledge this agreement
will be terminated with or without notice for misrepresenting
Full Circle Hosting.com, its officers, employees, distributors, assigns or
products or s.
Modification
of Terms & Conditions: We may modify any
of the terms and conditions of this Agreement, at any time and
in our sole discretion, by posting a change notice and the new
agreement on our site. Modifications may include but are not limited
to changes in available fee or payment schedules or procedures
and Program rules. YOUR ONLY RECOURSE TO CHANGES
UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
USE OF SERVICES FOLLOWING THE POSTING OF CHANGE ON OUR SITE
WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
Limitation
of Liability: We disclaim liability for any indirect, special
or consequential damages, arising in connection with this Agreement
or services, even if we have been advised of the possibility
of such damages.
Disclaimers:
We make
no expressed or implied warranties or representations with respect
to any services purchased at Full Circle Hosting (including, without
limitation, warranties of fitness, merchantability, non-infringement
or any implied warranties arising out of a course of performance,
dealing or trade usage). Further, we make no representation
that the operation of our network*, including our own Site, will
be uninterrupted or error free, and we will not be liable for
the consequences of any interruptions or errors.
Term
of this Agreement and Termination:The duration
of this Agreement will begin with our receipt of your signed Agreement
and will end when terminated by either party. Either party may
terminate this Agreement at any time, with just cause, by giving
the other party written notice of termination. Removal of all
Full Circle Hosting.com logos and all reference to association with Full Circle Hosting.com
must be removed from the Approved site immediately upon termination
of this Agreement.
Independent
Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PURCHASING FULL CIRCLE HOSTING (S)
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous:
This Agreement will be governed by the laws of the state of
Maryland, without reference to rules governing choice of laws.
Our failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of
this Agreement Any
action relating to this Agreement must be brought in the federal
or state courts located in the state of Maryland, and you irrevocably
consent to the jurisdiction of such courts with your acceptance
of this Agreement.