The following Terms of Service and Legal Disclosure must be accepted by any party that uses
any of the ForgeHost.com services. Acceptance is gained by digitially signing this agreement
at the time of signup for services.
ForgeHost.com TERMS OF SERVICE (TOS)
These ForgeHost.com Terms of Service (this " Agreement ") and
ForgeHost.com's Acceptable Use Policy (" AUP ") govern your purchase and
use of all ForgeHost.com services (collectively, the " Services "), as
described in the Order Form(s) submitted by you and accepted by
ForgeHost.com. You must register and accept the terms of this Agreement
and the AUP in order to use the Services. BY CLICKING ON THE "I Agree to the Terms of Service"
CHECKBOX DURING SIGNUP, AND/OR REGISTERING FOR AND USING THE SERVICES OR BY ORDERING BY PHONE, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL
TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES
OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. ForgeHost.com may
modify any of the terms and conditions contained in this Agreement and the
AUP, at any time in its sole discretion. Any modifications are effective upon
posting of the revisions on the ForgeHost.com web site (the " Site ").
Your continued use of the Services following ForgeHost.com's posting of
any modifications constitutes your acceptance of the modifications. If you do
not agree to the terms of any modification, do not continue to use the
services and immediately notify ForgeHost.com of your termination of this
Agreement in the manner described in the "Cancellation" section below.
Term and Payment for Services.
Term
This Agreement will be for an " Term " of 1 month from the date the
Services are first provided by ForgeHost.com. This Agreement will be
automatically renewed (the " Renewal Term ") at the end of the Initial Term or
any Renewal Term for a period of thirty (30) days unless you provide
ForgeHost.com with written notice of termination at least 5 (five) business days before
the end of the Initial Term or Renewal Term, whichever is then applicable. To
schedule your account for cancellation, please use the following online cancellation form: http://www.ForgeHost.com/cancel.html This will ensure that your account is processed for
cancellation and will generate an email that will be sent to you regarding
full details of your request as well as the offline date of your server. We
cannot be held responsible for continued invoicing if the above method is not
followed. The cancellation process may take up to 2 (two) business days to complete.
Termination
This Agreement may be terminated: (i) by you or
ForgeHost.com during any Renewal Term, without cause, by giving the other
party five (5) business days prior to your renewal date by written notice;
(ii) by ForgeHost.com in the event of
nonpayment by you as provided in this agreement; and (iii) by
ForgeHost.com, at any time, without notice, if, in ForgeHost.com's
sole judgment, you are in violation of any terms or conditions of the AUP. If
you terminate this Agreement, or if ForgeHost.com terminates this
Agreement for your breach, before the end of the Initial Term or the Renewal
Term, whichever is then applicable, you will be required to pay immediately
all fees and costs accrued before the termination date, all monthly recurring
fees for each month remaining in the term and any other amounts you owe to
ForgeHost.com under this Agreement.
Charges
You will pay all charges for your use of the Services at the then
current ForgeHost.com prices. You are responsible for paying all federal,
state, and local sales, use, value added, excise duty and any other taxes
assessed with respect to the Services, other than taxes based on
ForgeHost.com's net income.
Payment
You will pay all charges for the first month of service in advance
on the first day of the Initial Term. You will pay all subsequent charges for
Services in advance on the aniversary day of each month according to the then
current price for the Services." You must pay for the Services by credit
card. You authorize ForgeHost.com to charge your credit or debit card to
pay for any charges that may apply to your account. You must notify
ForgeHost.com of any changes to your card account (including, applicable
account number or cancellation or expiration of the account), your billing
address, or any information that may prohibit ForgeHost.com from charging
your account. Your failure to fully pay any fees and taxes within 72 hours
from the applicable due date is a material breach of this Agreement,
justifying ForgeHost.com to suspend its performance and terminate this
Agreement. If ForgeHost.com terminates for your material breach, you will
be required to pay immediately all fees and costs accrued before the
termination date, all monthly recurring fees for each month remaining in the
term and any other amounts you owe to ForgeHost.com under this Agreement.
You are responsible for any costs ForgeHost.com incurs in enforcing
collection, including reasonable attorneys' fees, court costs and collection
agency fees. To reinstate Services, you must pay for 3 months of Service in
advance on the first day such Services are reinstated and any fees associated
with reinstating Services.
Requirements for using Microsoft software
Subscribers are prohibited from
allowing more than five (5) authenticated users of the Microsoft Windows
Server Operating Systems under Microsoft licensing terms and could create
liability issues with Microsoft if violated.
Refund and Disputes
All payments to ForgeHost.com are nonrefundable.
This includes any applicable setup fees and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within 60 days of
the time the dispute occurred. If you dispute a charge to your credit card
issuer that, in ForgeHost.com's sole discretion is a valid charge under
the provisions of this Agreement and/or AUP, you agree to pay
ForgeHost.com an "Investigation Fee" of $100.00.
Use of Services
Acceptable Use Policies
The AUP governs the general policies and procedures
for use of the Services. The AUP is posted on the site at http://www.ForgeHost.com.com/usage.html (or such other location as ForgeHost.com may specify) and may be updated from time to
time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP
AND ANY MODIFICATIONS TO THE TERMS. ForgeHost.com MAY TERMINATE YOUR
ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Domain Names
Upon registering your domain name, you are bound by the terms
of the registration service's then current domain name policy and the policies
of the national DNS registration authorities. ForgeHost.com will not
refund any fees you paid with respect to the registration of a domain name you
are unable to use. All new webhosting accounts involving new domains will be
set up and entered into our DNS servers within 3 to 5 business days. Due to
unforeseen complications, however, this process may sometimes require up to 7
business days. If the new domain is registered by you, there will be no
handling fee. If the domain is registered by ForgeHost.com on your behalf
a handling fee will be incurred. New webhosting accounts which involve the
transfer of a domain from another provider to ForgeHost.com will require a
minimum of seven (7) days to be set up and entered into our DNS servers. In
some cases, such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are made regarding
the amount of time a specific transfer may take. If the transfer of the
domain is done by ForgeHost.com on your behalf, a handling fee will be
incurred. If you cancel service during the transfer period for any reason,
all charges are considered earned.
Security
You are solely responsible for any security breaches affecting
servers or accounts under your control. If your server is responsible for or
involved in an attack on or unauthorized access into another server or system,
ForgeHost.com will shut it down immediately. You will pay any charges
resulting from the cost to correct security breaches affecting
ForgeHost.com or any of its other customers.
Backups
You are solely responsible for any and all backups of your data.
ForgeHost.com may not be held accountable for any loss of data due to
hardware or software failure. ForgeHost.com highly recommends daily
backups for your protection.
Intellectual Property Rights
Your Warranties and Representations to
ForgeHost.com. You warrant, represent, and covenant to ForgeHost.com
that: (a) you are at least 18 years of age if an individual, (b) you possess
the legal right and ability to enter into this Agreement; (c) you will use the
Services only for lawful purposes and in accordance with this Agreement and
all applicable policies and guidelines, including the AUP; and (d) your
content does not and will not infringe or violate any right of any third party
(including any intellectual property rights) or violate any applicable law,
regulation or ordinance.
IP Addresses
ForgeHost.com will maintain and control ownership of all
Internet protocol (" IP ") numbers and addresses that ForgeHost.com may
assign to you. ForgeHost.com may, in its sole discretion, change or
remove any and all IP numbers and addresses without notice at any time for any reason.
ForgeHost.com may provide you access to other third party software and/or
services ("Third Party Products ") through reseller relationships
ForgeHost.com has established with certain commercial vendors, including
without limitation, Microsoft Corporation ("Third Party Vendors"). Unless
otherwise notified, Customer understands that product support for Third Party
Products is provided by ForgeHost.com and not by the Third Party Vendor.
Neither ForgeHost.com nor any Third Party Vendor makes any representations
or warranties, express or implied, regarding any Third Party Products.
CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS
AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM ForgeHost.com OR ANY
THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY
OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER ForgeHost.com NOR ANY THIRD PARTY VENDOR WILL BE
LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR
CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY
PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE
END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL
BE FULLY LIABLE TO THIRD PARTY VENDORS AND ForgeHost.com WITH RESPECT TO
ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE
AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other
proprietary rights notices that appear on any Third Party Product or that
appear during use of any Third Party Product; or (ii) reverse engineer,
decompile, or disassemble any Third Party Product, except and only to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
Enforcement Actions
ForgeHost.com reserves the right to suspend or
terminate the Service immediately or take any other corrective action it deems
appropriate in its sole discretion if in the sole judgment of
ForgeHost.com your server is the source or target of any violation of the
AUP or for any other reason which ForgeHost.com chooses. If inappropriate
activity is detected, all of your accounts in question will be deactivated
until an investigation is complete. Prior notification to you is not assured.
In some cases, law enforcement will be contacted regarding the activity.
These rights of action, however, do not obligate ForgeHost.com to monitor
or exert editorial control over the information made available for
distribution via the Services. If ForgeHost.com takes corrective action
because of a possible violation, ForgeHost.com will not refund to you any
fees you paid in advance of the corrective action.
Disclosure Rights
The AUP specifically prohibits the use of our service for
illegal activities. Therefore, you agree that ForgeHost.com may disclose
any and all of your information including assigned IP numbers, account
history, account use, etc. to any law enforcement agent who makes a written
request without further consent or notification to you. In addition,
ForgeHost.com shall have the right to terminate all service set forth in
this Agreement.
Disclaimed Warranties
ForgeHost.com exercises no control over, and
accepts no responsibility for, the content of the information passing through
ForgeHost.com's host computers, network hubs and points of presence, or
the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED
THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE
INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
ForgeHost.com DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON,
ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE
SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE IN TRADE. ForgeHost.com DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability.
Limitations
IN NO EVENT WILL ForgeHost.com OR ITS SUPPLIERS HAVE ANY
LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF
INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES
THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER ForgeHost.com NOR
ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO ForgeHost.com'S
OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ForgeHost.com HAS BEEN
ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF
ForgeHost.com AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE
OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ForgeHost.com
UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON
WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN
THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE
SERVICES SET BY ForgeHost.com UNDER THIS AGREEMENT HAVE BEEN AND WILL
CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE
ForgeHost.com AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES,
AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS AGREEMENT.
Interruption of Service
ForgeHost.com and its suppliers are not liable
for any temporary delay, outages or interruptions of the Services. Further,
ForgeHost.com is not liable for any delay or failure to perform its
obligations under this Agreement, where the delay or failure results from any
act of God or other cause beyond its reasonable control (including, any
mechanical, electronic, communications or third-party supplier failure).
Indemnification
In agreeing to the ForgeHost.com AUP and this Agreement,
you agree to indemnify, defend and hold harmless ForgeHost.com, its
employees, directors, partners, representatives and affiliates, for any
violation by you or your customers of the AUP or this Agreement that results
either in loss to ForgeHost.com or the bringing of any claim against
ForgeHost.com by any third-party. For example, if ForgeHost.com is
sued because of your or your customer's activity related to the Services, you
will pay any damages awarded against ForgeHost.com, its employees,
directors, partners, representatives and affiliates, plus all costs and
attorney's fees.
MISCELLANEOUS PROVISIONS.
ForgeHost.com and you agree that, except as otherwise expressly provided
in this Agreement, the Order Form(s) or the terms and conditions of use of any
third party software products, there shall be no third party beneficiaries to
this Agreement, including but not limited to the insurance providers for
either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE
GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA
(EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY
EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED
NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR
ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE
AND FEDERAL COURTS IN FLORIDA, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH
PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any
provision of this Agreement is held by a tribunal of competent jurisdiction to
be contrary to the law, the remaining provisions of this Agreement will remain
in full force and effect. The waiver of any breach or default of this
Agreement will not constitute a waiver of any subsequent breach or default,
and will not act to amend or negate the rights of the waiving party. You may
not sell, assign or transfer its rights or delegate its duties under this
Agreement either in whole or in part without the prior written consent of
ForgeHost.com, and any attempted assignment or delegation without such
consent will be void. ForgeHost.com may assign this Agreement in whole or
part. ForgeHost.com also may delegate the performance of certain Services
to third parties. All notices, demands, requests or other communications
required or permitted under this Agreement shall be deemed given when
delivered personally, sent by facsimile upon confirmation, sent and received
by return receipt email, or upon receipt of delivery of overnight mail. You
and ForgeHost.com are independent contractors and this Agreement will not
establish any relationship of partnership, joint venture, employment,
franchise or agency between you and ForgeHost.com. This Agreement,
including all documents incorporated herein by reference, constitutes the
complete and exclusive agreement between the parties with respect to the
subject matter hereof, and supersedes and replaces any and all prior or
contemporaneous discussions, negotiations, understandings and agreements,
written and oral, regarding such subject matter.
Survival
All provisions of this Agreement relating to your warranties,
intellectual property rights, limitation and exclusion of liability, your
indemnification obligations and payment obligations will survive the
termination or expiration of the Agreement.
