FMB Web Hosting's primary objective is to value and support our subscribers wherever, whenever and however possible. We will provide the highest level of attention and dedication to all of our subscribers.
In pursuit of our primary objective, FMB Web Hosting agrees to deliver the agreed upon services, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of FMB Web Hosting's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to FMB Web Hosting's TOS. FMB Web Hosting reserves the right to change or modify the TOS at any time without notice.
I. 100% Money-Back Guarantees
A. 30-Day Money Back Guarantee
FMB Web Hosting proudly offers its subscribers a "30-Day Money Back Guarantee. This guarantee allows subscriber to purchase FMB Web Hostings services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (costs of free domain registrations are calculated at the regular cost of the domain registrations). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with FMB Web Hostings services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via FMB Web Hostings e-mail www.webmaster.fmbwebhosting.com requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how FMB Web Hosting could improve service.
Refunds - After 30 days, the setup fee ,domain , e-commerce and used maintenance fees are non-refundable regardless of the reason of cancellation of the hosted website. Any paid monthly maintenance fees that have not been used may be refunded at the descretion of FMB.
II. Price-Freeze Guarantee
FMB Web Hosting proudly offers its subscribers a "Price-Freeze Guarantee." This guarantee allows subscriber to use FMB Web Hostings services with full confidence and zero-risk. FMB Web Hosting guarantees that it will never increase monthly fees for existing subscribers of any service plans. This guarantee is effective upon the start of a subscription. Immediately after the order-process is completed, a price-lock will be established on the subscription and the price cannot increase for the existing subscription with the existing service plan.
Subscriber is aware that FMB Web Hosting may proactively change the specified rates and charges from time to time, with any new rate or changed pricing be exclusively effective for new subscribers or service plan changes. Subscriber is aware that rates and offers can change upon service plan modification or new account subscription and may or may not be available for purchase at any time in the future. However, existing subscriptions will establish a price-lock for their service plan upon sign-up and will not be affected by changed pricing or offers.
III. 99.9% Uptime Guarantee
FMB Web Hosting guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where FMB Web Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscribers domain name, routing issues between subscriber location and FMB Web Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that FMB Web Hosting cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via FMB Web Hostings email: www.webmaster.fmbwebhosting.com If requesting a service credit we ask that subscriber briefly explains the reasons for doing so.
IV. Prohibition of Adult Content
Subscribers of FMB Web Hostings services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
V. SPAM and Unsolicited Commercial Email (UCE)
FMB Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of FMB Web Hosting may not use, or permit others to use, our network to partake in UCE distribution. Customers of FMB Web Hosting may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, FMB Web Hosting will initiate an immediate investigation. During the investigation, FMB Web Hosting may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, FMB Web Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, FMB Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FMB Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
VII. Payment
Establishment of this service is dependent upon receipt of payment of stated charges by FMB Web Hosting. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
VIII. Failure to Pay
FMB Web Hosting may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
FMB. Account Cancellation
A subscriber may cancel his account at any time online via e-mail If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how FMB Web Hosting could improve service. The cancellation will take effect immediately and the subscribers account will remain active until the end of the subscription. Account resumption is possible in case you should redecide.
X. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of FMB Web Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that FMB Web Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of FMB Web Hosting. Subscriber further acknowledges that the FMB Web Hostings liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall FMB Web Hosting be liable for any special or consequential damages, loss or injury.
XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to FMB Web Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by FMB Web Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registrations registrar.
XII. Support Boundaries
FMB Web Hosting provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: FMB Web Hosting provides support related to your service plans features physical functioning. FMB Web Hosting does not provide technical support for the subscribers customers. The only way to request technical support is to utilize the technical support helpdesk located in your FMB Web Hosting control panel.
XIII. Network
A. IP Address Ownership
If FMB Web Hosting assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to IX Web Hosting and the subscriber shall have no right to use that IP address except as permitted by IX Web Hosting. IX Web Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by IX Web Hosting. IX Web Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (Agreed Usage). FMB Web Hosting will monitor subscribers bandwidth and disk usage. IX Web Hosting shall have the right to take corrective action if subscribers bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in IX Web Hosting's sole and absolute discretion, at any time deemed necessary by IX Web Hosting. If IX Web Hosting takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by IX Web Hostings automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of IX Web Hostings network or any and all components there in. Violations of system or network security may result in civil or criminal liability. IX Web Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
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1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled. |
XIV. Notification of Violation
IX Web Hosting is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. IX Web Hosting will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:
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1. First violation: Any Subscriber, which IX Web Hosting determines to have violated any element of this TOS shall receive an email warning them of the violation. Subscribers service is subject to a temporary suspension at IX Web Hosting's discretion pending a subscriber's agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom IX Web Hosting determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice. |
NOTE: IX Web hosting reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. FMB Web Hosting will contact the subscriber as soon as it is feasible.
XV. Suspension of Service or Cancellation
FMB Web Hosting reserves the right to suspend network access to any subscriber if in the judgment of FMB Web Hosting, the subscribers account is the source or target of a violation of any of the terms of the TOS, or for any other reason which FMB Web Hosting deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscribers machines were suspended if the subscriber is found to be at fault.
XVI. Miscellaneous Provisions
Subscriber must provide FMB Web Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
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1. FMB Web Hosting takes no responsibility for any material placed on its network by others. FMB Web Hosting is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. FMB Web Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
2. FMB Web Hostings subscribers are not permitted to run IRC servers |
XVII. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that FMB Web Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
XVIII. Indemnification
Each party (the Indemnifying Party) hereby indemnifies the other party (the Indemnified Party), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Partys representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
XFMB. Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
XX. Applicable Law
This TOS is subject to the governing laws of the State of Illinois. Courts of competent jurisdiction in Peoria, Illinois shall hear and decide any disputes.
