Terms and Conditions
At Fremor Designz (www.fremorfiji.com)., we value our
customers and wish to provide them with a positive experience. To offer you the
best service possible, all customers need to follow the same rules and
guidelines. These policies are intended to make Fremor Designz (www.fremorfiji.com) Service available to
all our customers as consistently and efficiently as possible.
User-Supplied Content
All services may be
used for lawful purposes only. Through Fremor Designz (www.fremorfiji.com) Service, you may have
access to chat areas, bulletin boards, web pages, email, or other services that
enable you to send or post materials (“content”) and make that content
available to others. You must not submit, publish, or display on the Network
any defamatory, inaccurate, abusive, obscene, infringing, or threatening
content. In addition, you may not submit, publish, or display any content that
violates any US Federal, State, or Local law. You are solely responsible for
the content you make accessible through the Fremor Designz (www.fremorfiji.com). Network. You may not
use the Service to assist any other person or entity to violate any Federal,
State, or Local laws, ordinances, or regulations.
Fremor Designz (www.fremorfiji.com). is not obligated to
monitor the network to examine available content. You hereby acknowledge that
if we are made aware of content that is determined to be, in its sole
discretion, unacceptable, undesirable, offensive, indecent, obscene,
excessively violent or otherwise objectionable, Fremor Designz (www.fremorfiji.com). has the right, but
not the obligation, to edit, remove or deny access to such content. Fremor
Designz (www.fremorfiji.com). may disclose any content or records concerning
customer’s account as required to satisfy any law, regulation, governmental
request or court order.
Sites that promote any
illegal activity or content that may be damaging o Fremor Designz (www.fremorfiji.com) servers or any other server
on the Internet are strictly prohibited. Links to such materials are also
prohibited. In addition, any site selling or promoting bulk email service is
not allowed. Below are some examples of non-acceptable content or links:
” Pirated Software
(Warez) – Any software that is copyrighted and not freely available for
distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files
(MP3).
” Copyright Violations
– Violation of copyrights held by individuals and corporations or other
entities can result in civil and criminal liability for the infringer.
” Hacking/Phreaking –
Includes sites with material, links, or resources for hacking, phreaking,
viruses, anarchy, or any type of site that promotes or participates in willful
harm to Internet sites or providers.
Network Security
Customers may not use
the Fremor Designz (www.fremorfiji.com). Network with an attempt to circumvent user
authentication or security of any host, network, or account. This includes, but
is not limited to, accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to access, password
cracking, probing the security of other networks in search of weakness, or
violation of any other organization’s security policy. Customers may not
attempt to interfere or deny service to any user, host, or network. This
includes, but is not limited to, flooding, mail bombing, or other deliberate
attempts to overload or crash a host or network. Fremor Designz (www.fremorfiji.com). will cooperate fully
with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who violate system or
network security may incur criminal or civil liability.
CGI Scripts
Each Fremor Designz (www.fremorfiji.com). account comes fully
equipped with its own pre-configured CGI-Bin. Customers are free to use any
CGI-scripts provided with their account or add any additional ones they
require. Any CGI-scripts deemed to be adversely affecting the server
performance or the network integrity may be shut down without prior notice.
CGI-script sharing with domains not hosted by Fremor Designz (www.fremorfiji.com). is not allowed.
Chat Rooms
Fremor Designz (www.fremorfiji.com).
prohibits its customers from installing outside chat rooms on their domain, as
these tend to be a resource problem. Fremor Designz (www.fremorfiji.com). does provide its
customers a choice of Java chat rooms to choose from for a nominal monthly
charge. These chat rooms were designed to meet the growing needs of customers
and function without hindering the performance of the servers for others.
Server Resources
Any account that uses a
high amount or unfair amount of server resources (such as, but not limited to
CPU time, memory usage, and network resources) will be given an option of
either upgrading their service level or reducing the resource used to an
acceptable or fair level. Fair/unfair will be based on the plan price compared
to the percentage of the server the account is consuming.
Background Running Programs
Background daemons in
general are prohibited. Fremor Designz (www.fremorfiji.com). will consider requests on a
per-application basis. If allowed, extra charges will be assessed based on
resource requirements for system maintenance.
IRC
Fremor Designz (www.fremorfiji.com).
currently prohibits its customers from operating IRC or IRC Bots on any of the
servers in the Fremor Designz (www.fremorfiji.com). Network.
Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the Fremor
Designz (www.fremorfiji.com). Network, Fremor Designz (www.fremorfiji.com). equipment or any Fremor Designz (www.fremorfiji.com). email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar, unsolicited email messages. Your
domain may not be referenced as originator, intermediary, or reply-to address
in any of the above. This prohibition extends to the sending of unsolicited
mass mailings from another service that in any way implicates the use of the Fremor
Designz (www.fremorfiji.com). Network, Fremor Designz (www.fremorfiji.com). equipment or any Fremor Designz (www.fremorfiji.com). email address. A message is considered unsolicited if it is
posted in violation of a newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. For purposes of this provision,
merely making one’s email address accessible to the public will not constitute
a request or invitation to receive messages. If you are found to have spammed,
without warning, Fremor Designz (www.fremorfiji.com). reserves the right
to disable your domain/terminate your account. In addition, Fremor Designz (www.fremorfiji.com). may impose a FJD$500
penalty for each spam policy violation. Fremor Designz (www.fremorfiji.com). solely reserves the
right to refuse or cancel service to known spammers. Lastly, Fremor Designz (www.fremorfiji.com). reserves the right
to determine what violates this policy. As such, any violation may result in
cancellation of services without refund.
Distribution and/or
Transmission of Obscene or Indecent Speech or Materials
Violation of indecency
and obscenity laws can result in criminal penalties.
Technical Support Boundaries
Fremor Designz (www.fremorfiji.com). does provide
24/7/365 Technical Support to all its direct clients. However, we do not
provide support to you. Fremor Designz (www.fremorfiji.com). does not provide
Technical Support or help with programming, HTML code, custom programming and 3rd
Party Software, whether installed or pre-installed on your computer or our
server.
Intellectual Property Rights
Material accessible to
you through Fremor Designz (www.fremorfiji.com) Services may be subject to protection under the United
States or other copyright laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the owner of such
rights, you must not use the Fremor Designz (www.fremorfiji.com). Service in a manner
that would infringe, violate, dilute or misappropriate any such rights, with
respect to any material, which you access or receive through the Fremor Designz
(www.fremorfiji.com).Network. If you use a
domain name in connection with the Fremor Designz (www.fremorfiji.com). Service or similar
service, you must not use that domain name in violation of any trademark, service
mark, or similar rights of any third party.
Defamation
Defamatory speech
distributed over the Internet can result in civil liability for the defamer.
Domain name
Domain
registration/renewal for domains we register on your behalf. Discounts or free
promotions for domain registrations/renewals are extended during your hosting
period with us only. Once your hosting account is cancelled or expires, if you
choose to change domain registrars or hosting providers, the difference between
the amount paid for your domain to us and the actual full cost for the domain
at the full price since the original registration date is due before we will
release the domain.
You can
find registrant rights and responsibilities here
Refusal of Service
Fremor Designz (www.fremorfiji.com). reserves the right
at its sole discretion to refuse or cancel service. Violation of any of Fremor
Designz (www.fremorfiji.com) Rules and Regulations could result in a warning,
suspension, or possible account termination. Accounts may be terminated for any
or no reason at all without any prior notice to the customer. Accounts
terminated due to policy violations will not be refunded.
Indemnification
Customer agrees that it
will protect, indemnify, save and hold Fremor Designz (www.fremorfiji.com). harmless from any
and all stipulations, liabilities, losses, expenses and claims, including but
not limited to reasonable attorney’s fees assessed against Fremor Designz (www.fremorfiji.com)., its agents,
customers, officers, employees, officers, shareholders, directors and
administration that may arise or result from any service provided or performed
or agreed to be performed or any product sold by it’s customers, agents,
employees, officers, shareholders, directors, or assigns. Customer agrees to
defend, indemnify and hold Fremor Designz (www.fremorfiji.com). harmless against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or distributed in association with Fremor Designz (www.fremorfiji.com) Services; (2) any
material furnished by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright, trademark patent, or other
intelluctual property violation and any defective products sold to a customer
from Fremor Designz (www.fremorfiji.com) Services.
Waiver
Customer agrees that
the waiver of any breach, or the failure to enforce these terms and conditions,
at any time, shall not in any way affect, limit, or waive the right of Fremor
Designz (www.fremorfiji.com). to thereafter to enforce and compel strict compliance by
the other party regarding any of these terms and conditions.
Severance
If any one or more
sections of these terms and conditions should ever be determined to be illegal,
invalid, or otherwise unenforceable by reason of any law, statute, regulation,
or public policy, then, to the extent and within the jurisdiction in which the
section is illegal, invalid, or otherwise unenforceable, the section shall be
limited or severed and deleted from these terms and conditions, and the
remaining sections of these terms and conditions shall survive, remain in full
force and effect and continue to be binding, and shall not be affected except
as may be necessary to make sense of these terms and conditions, and shall be
interpreted to give effect to these terms and conditions to retain validity of
these terms and conditions.
Governing Law, Jurisdiction, and Venue
The validity,
interpretation, construction and performance of this agreement shall be
governed by the laws of the State of New Jersey. The New Jersey state courts of
Hudson County, New Jersey (or, if there is exclusive federal jurisdiction, the
United States District Court for the District of New Jersey) shall have
exclusive jurisdiction and venue over any dispute arising out of this
agreement, and customers hereby consent to the jurisdiction of such courts.
Customer’s Sole Remedy
Fremor Designz (www.fremorfiji.com) entire liability and
Customer’s exclusive remedy shall be the refund of up to thirty (30) days of
service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES
AND AGREES THAT THE CONSIDERATION WHICH Fremor Designz (www.fremorfiji.com). IS CHARGING
HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY Fremor Designz (www.fremorfiji.com).
OF THE RISK OF CUSTOMER’S CONSEQUENTIAL, PUNITIVIE, SPECIAL OR INCIDENTAL
DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER’S USE OF THE SOFTWARE AND
DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT Fremor Designz (www.fremorfiji.com). SHALL NOT BE
RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR
DOCUMENTATION. Any provision herein to the contrary notwithstanding, the
maximum liability of Fremor Designz (www.fremorfiji.com). to any person, firm
or corporation whatsoever arising out of or in the connection with any license,
use or other employment of any service delivered to Customer hereunder, whether
such liability arises from any claim based on breach or repudiation of
contract, warranty, tort or otherwise, shall in no case exceed the actual price
paid to Fremor Designz (www.fremorfiji.com). by Customer for thirty (30) days of service whose
license, use, or other employment gives rise to the liability. The essential
purpose of this provision is to limit the potential liability of Fremor Designz
(www.fremorfiji.com). arising out of this
agreement. The parties acknowledge that the limitations set forth in this
agreement are integral to the amount of consideration levied in connection with
the license of the services and documentation and any services rendered
hereunder and that, were Fremor Designz (www.fremorfiji.com). to assume any
further liability other than as set forth herein, such consideration would of
necessity be set substantially higher.
Satisfaction Guaranteed:
Fremor Designz (www.fremorfiji.com). offers a money back
guarantee on our web hosting services for the first 30 days of service. If you
are not completely satisfied with our web hosting services within the first 30
days of service provided, you will be given a full refund of the hosting amount
excluding setup fees, domain registration fees and overages.
Disputes:
All payments after the
first 30 days of service to Fremor Designz (www.fremorfiji.com). are nonrefundable regardless of
reason or usage. Any incorrect, overcharges or billing disputes must be
reported within 60 days of the time the charge occurred. If you dispute a
charge to your credit card issuer that, at Fremor Designz (www.fremorfiji.com) sole discretion is a
valid charge under the provisions of the TOS, you agree to pay Fremor Designz (www.fremorfiji.com). an “Administrative
Fee” of FJD$200 per dispute.
Customer Requested Cancellation:
Customer agrees to
notify us of request to cancel at least 15 days prior to the next bill date.
When canceling two (2) or more dedicated servers within any given 30 day
period, customer agrees to notify us of request to cancel at least 30 days
prior to the next bill date. When canceling ten (10) or more dedicated servers
within any given 30 day period, customer agrees to notify us of request to
cancel at least 60 days prior to the next bill date.
Customer Abuse
We have zero tolerance
for abusive language and/or abusive behavior towards our company and/or service
we provide and/or our employees. Any customer deemed at our sole discretion to
be abusive to our company and/or service we provide and/or our employees will
result in immediate irrevocable account termination without any refund.
Furthermore, posting negative feedback on any public forum about our company
and/or our employees before submitting a ticket to our ‘Feedback’ department to
discuss your issue will result in immediate account termination without any
refund. Although it is your right to post feedback without discussing your
issue with us first, it is undoubtedly unfair and unprofessional not to, which
is not the type of client we want to deal with. We have the utmost respect for
all of our clients, and are more than fair with all of our clients. We will do
anything and everything possible to keep all of our clients satisfied. But in
the unlikely event you are not satisfied, all that we ask is to discuss your
issue with our ‘Feedback’ department first.
Backups
Backups are not
included as part of any service. It is the customer’s sole responsibility to
make backups and save them elsewhere off server. Availability of server backups
is not guaranteed and we are not responsible for loss of customer data.
Customers are advised to make backups of the information they store on our
servers on a regular basis. Our Control Panel provides tools that allow
customers’ to make data backups, download data, download backups, etc.
Force Majeure
If either Party shall
be prevented from performing any portion of this Agreement (except the payment
of money) by causes beyond its control, including labor disputes, civil
commotion, war, governmental regulations or controls, casualty, inability to
obtain materials or Service(s) or acts of God, such Party shall be excused from
performance for the period of the delay and the time for such Party’s
performance shall be extended for a period of time equal to the duration of
such delay. Notwithstanding anything to the contrary contained in these terms
of service and policies, Fremor Designz (www.fremorfiji.com). shall not be liable
in any manner to the extent its performance is delayed by any event or cause
beyond the control of Fremor Designz (www.fremorfiji.com). including without
limitation, fire, explosion, storm, flood, electrical blackout, heat or col,
war, rebellion, terrorist act, insurrection, riot, strike, breakdown or
accident to machinry, or compliance with the order of any governmental
authority.
Disclaimer
Fremor Designz (www.fremorfiji.com). WILL NOT
BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Fremor Designz (www.fremorfiji.com). MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Fremor Designz (www.fremorfiji.com). DISLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES
LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED
HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Fremor
Designz (www.fremorfiji.com). AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. Fremor
Designz (www.fremorfiji.com). RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES
WITHOUT NOTICE. Failure to follow any terms and conditions may result in
account deactivation or termination without notice. Fremor Designz (www.fremorfiji.com). furthermore expects
that its customers who provide Internet services to others will fully comply
with all applicable laws concerning the privacy of online communications. A
customer’s failure to comply with those laws will violate this policy. Finally,
Fremor Designz (www.fremorfiji.com). wishes to emphasize that in accepting services,
customers indemnify Fremor Designz (www.fremorfiji.com). for the violation of
any law or Fremor Designz (www.fremorfiji.com). policy, that results in loss to Fremor Designz (www.fremorfiji.com). or the bringing of
any claim against Fremor Designz (www.fremorfiji.com).. This means that if Fremor
Designz (www.fremorfiji.com). is sued because of activities of the customer that
violate any law, or this policy, the customer will pay any damages awarded
against Fremor Designz (www.fremorfiji.com)., plus costs and reasonable attorneys’ fees.
Confidentiality Statement
We at Fremor Designz (www.fremorfiji.com). insure that all
personal information submitted to us in processing your order and for billing
purposes, etc., including but not limited credit card information, will be kept
strictly confidential and used solely by Fremor Designz (www.fremorfiji.com)., its
representatives, independant contractors, and employees, for the purposes for
which it was intended, for the benefit of the subscriber and which comlpy with
all safeguards under federal and applicable state law. We agree not to share or
release such information to any individual, entity, or third party, without the
consent of the subscriber, except as required by law, regulation or
governmental authority. All information provided to us by the subscriber is
properly stored and handled at all times by authorized Fremor Designz (www.fremorfiji.com). staff members only.
Although we try to
maintain a very high service availability, the services provided are not
designed for mission critical use, and should not be used for such purposes.
Our services should only be used for fault-tolerant purposes which allow for
failure. If any terms or conditions are failed to be followed it will result in
grounds for immediate account deactivation.