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Terms & Conditions

1) GENERAL 1. Customer is hereby defined as any person or entity utilizing any service from FreeWithHosting.com. 2. Customer's use of Freewithhosting.com services constitutes Customer's acceptance of all Terms and conditions. Customer also agrees to be bound by any change in these terms which may be published via Freewithhosting.com services while you are a customer of Freewithhosting.com services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact Freewithhosting.com immediately so that we may close your account. Freewithhosting.com reserves the right to change the Terms of Service without prior notice or warning. 3. Freewithhosting.com reserves the right to refuse, cancel, or suspend service at our sole discretion. 4. Freewithhosting.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. 5. Freewithhosting.com has the right to delete all content and files upon termination. Freewithhosting.com reserves the right to withhold any prepaid funds for any site removed for violations of these policies.   6. All orders are subject to acceptance by FreeWithHosting.com. 7. The customer must be 18 years of age to obtain our service.   8. Failure to follow any term or condition will be grounds for immediate account deactivation.   9. Failure by either you or Freewithhosting.com to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement. 10. If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether. 11. It is expressly understood that there are no oral agreements or understandings between you and Freewithhosting.com which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via Freewithhosting.com service, constitutes the entire agreement 2) BILLING/CANCELLATION 1. Freewithhosting.com may cancel specials at any time. Prices are subject to change at any time, and prices are only guaranteed for the initial period of your order. 2. All hosting plans require a 24 month commitment starting on the day of purchase. There is a $299 cancellation fee if you cancel before the end of the 24 month term. This fee will be automatically bill to the credit card on file with your account. Failure to pay these fees will result in your account being sent to collections. 3. Freewithhosting.com currently accepts credit cards (Visa, MasterCard, American Express, Discover). Freewithhosting.com also accepts personal/business checks, money orders, or International money orders in US currency, drawn from a US Bank but we do require the full hosting amount paid up front if you chose to pay by check or money order. 4. All fees are payable in advance for the upcoming month (unless prepaid) on a anniversary date billing cycle. Although you may cancel your service at any time, you remain responsible for any outstanding moneys due and payable at the time of cancellation. You are responsible for notifying us when you wish to cancel your service. You may email billing@freewithhosting.com or fax to 423-843-5170. 5.Credit cards are charged automatically on the anniversary date of the payment period, unless we receive instructions indicating otherwise. 6. All prices are US dollars. 7. Sales and use taxes and all other applicable taxes which are applicable to the provision of services shall be incurred by Customer regardless of whom the taxes are or were imposed upon. 8. It is the sole responsibility of the customer to insure their payment information is maintained current and available for payment of incurred fees. If you default, you agree to pay Freewithhosting.com its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions. 9. Freewithhosting.com does not offer refunds on accounts once a domain name has been transferred to the customers account. Email billing@freewithhosting.com or send a fax to 423-843-5170 if you would like to cancel prior to the transfer of the domain name. 10. No Refunds will be issued if FTP access has been given to any website. 11. Accounts that are past due in payment of balances due will be given 7 days notice (via email to the address we have on file - it is CUSTOMERS RESPONSIBILITY TO UPDATE THEIR EMAIL ADDRESSES IN THE CONTROL PANEL). If no response is received in that period, the account may be temporarily deactivated, and a $10 reactivation fee will apply to have the account reactivated. If after 14 days of suspension, payment is still not received the account may be deleted, including all stored email. In the event that an account is canceled due to late payment within the 24 month contract period you will be charged a $299 cancellation fee. Failure to pay this fee will result in the account being turned over to a collection agency and the possibility that the information will be turned over to all major credit bureaus. 12. On any account where we have paid your domain registration fee, if you should cancel your account before you have paid us a total of $299.00, we reserve the right to charge you the difference between $299.00 and the total you paid us. For example, if you cancel your account with us in the second month, and have paid us $199.00 total, you would owe us an additional $100.00 upon cancellation. Any setup fees paid DO count toward the total you have paid to us. 13. Credits and free month(s) of hosting do not have a cash value, and as such, are not refundable. 14. Setup fees, if applicable, are nonrefundable. 15. If your check is returned to Freewithhosting.com unpaid, you agree to pay a returned check charge of $25.00. 16. If we must deal with a credit card chargeback on your account, you will be charged a $50 administrative fee for our time in dealing with this. Should your account be turned over to a collection agency, you are responsible for collection and legal fees. 17. If you default, you agree to pay Freewithhosting.com reasonable collection expenses, including attorney and collection agency fees. 18. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Freewithhosting.com in writing for a request for cancellation of services. All cancellations are subject to a $299 cancellation fee if canceled during the contract period. 19. Freewithhosting.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Freewithhosting.com if Freewithhosting.com institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) 20. Phone requests will not constitute acceptance of any cancellation. 21. Written notification of cancellation must be received at least five days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. 3) PROHIBITED USES 1. Accounts used as a backup facility, or which negatively impact other customers, are prohibited. Due to the unique resource characteristics and traffic patterns associated with certain types of sites, we reserve the right to restrict · Subhosting - any domain housing additional users · Shareware, sound, video, image and multimedia archives · Mirror sites · Distribution points · Any site whose primary purpose is file distribution 2. We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. 3. Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to immediately disable any CGI script that effects normal server operation. 4. Chat Rooms: We do not allow customers to install their own chat rooms, without approving it with the Freewithhosting.com Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. 5. IRC: We currently do not allow IRC or IRC bots to be operated on our servers. 6. Any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. 7. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. 8. Any attempt to undermine or cause harm to a server, or customer, of Freewithhosting.com is strictly prohibited. There shall be no attempt to gain unauthorized access to Freewithhosting.com systems or accounts, disrupt service or network connectivity, misuse Freewithhosting.com facilities, or create fraudulent accounts. 9. Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour. Customer shall be held liable for any and all costs incurred by Freewithhosting.com as a result of customer violation of these terms and conditions; including but not limited to attorney fees 10. Abuse of the legal rights of others. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. 11. Violations of the Freewithhosting.com system or network security are prohibited, and may result in criminal and civil liability. Freewithhosting.com will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Freewithhosting.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. Examples of system or network security violations include, but not limited to, the following: - Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Unauthorized use of accounts or computers, whether or not the attacked account or computer belongs to FreeWithHosting.com, including "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Unauthorized access to, monitoring or use of data, traffic, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Interference with service to any user including, but not limited to, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message. Mailbombing (inundating a user with email without any serious intent to correspond) Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources), Subscribing someone else to an electronic mailing list without that person's permission. 4) CONTENT 1. All services provided by Freewithhosting.commay be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. You agree that Freewithhosting.com may remove objectionable materials residing on the Freewithhosting.com server. Such removal shall be at FreeWithHosting.com's sole discretion and Freewithhosting.com shall be the sole judge of what constitutes objectionable material. 2. Abuse of the law. FreeWithHosting.com’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating US export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Freewithhosting.com reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary. 3. Freewithhosting.com accounts may not host or handle material that contain the following content or links to content elsewhere. Freewithhosting.com will be the sole arbiter in determining violations of this provision:  Pirated software Hackers programs or archives Warez Sites, material which promotes the illegal distribution of software IRC Bots MP3 Nudity, pornography, adult material and sex-related merchandising. This includes sites that may infer sexual content, or links to adult content elsewhere. Obscenity Discriminatory/hate propaganda Any material that results in reasonable complaints from other customers or third parties. Sites that promote any illegal activity or present content that may be damaging to Freewithhosting.com servers or any other server on the Internet. In addition any site selling or promoting Bulk email services or software is not allowed 5) SPAM 1. FreeWithHosting.com's mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list. 2. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. 3. Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. If you are found to have spammed, then we will immediately, without warning, disable your domain. As such, Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Freewithhosting.com will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site's mail server to relay mail without the express permission of the site. 4. We consider spam, without limitation, to be any of the following: any mass unsolicited message in the mediums of Newsgroups and Email. (sending unsolicited advertising to those with which the customer has no existing business relationship Posting off-topic advertising in newsgroups Posting the same or similar message to one or more news groups (excessive cross-posting or multiple-posting) Passive spamming (promoting a web site hosted by Freewithhosting.comby spamming from some other source) Trolling (posting controversial messages in newsgroups to generate responses) A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. 6) CUSTOMER RESPONSIBILITY The customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The customer is responsible for securing their username/password. The customer assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of FreeWithHosting.com's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the customer. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail customers to receive and send mail, etc. The customer agrees that he or she has the necessary knowledge to create and maintain their web space. customer agrees that it is not the responsibility of Freewithhosting.comto provide this knowledge or support outside matter specific to FreeWithHosting.com's servers. 7) BACKUPS Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the customers’ responsibility to maintain local copies of their web content and any information. If loss of data occurs due to an error of FreeWithHosting.com, Freewithhosting.com will attempt to recover the date for no charge to the customer. If data loss occurs due to negligence of customer in securing their account or by an action of the customer, Freewithhosting.com will attempt to recover the data from the most recent archive for a $100.00 fee. 8) IP NUMBERS Freewithhosting.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. 9) LIABILITY ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Freewithhosting.commakes absolutely no warranties whatsoever, express or implied, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Freewithhosting.com shall not be responsible for any claimed damages, including incidental and consequential damages, including lost profits which may arise from FreeWithHosting.com’s servers going off-line or being unavailable for any reason whatsoever. Further, Freewithhosting.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of FreeWithHosting.com’s servers. IN THE EVENT FREEWITH HOSTING.COM IS FOUND LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL FREEWITHHOSTING.COM BE LIABLE FOR AN AMOUNT IN EXCESS OF THE AMOUNTS PAID TO FREEWITHHOSTING.COM UNDER THIS AGREEMENT. 10) NON ASSIGNABILITY Customer 's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Freewithhosting.com which consent shall not be unreasonably refused. 11) INDEMNIFICATION Customer will take all necessary measures to preclude Freewithhosting.com from being made a party to any lawsuit or claim regarding Freewithhosting.com services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless Freewithhosting.com from any and all claims of whatever nature, expenses, demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FreeWithHosting.com, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. 12) GOVERNING LAW & JURISDICTION Notwithstanding that you, your web site or your server may reside outside the State of Tennessee, including outside of the United States of America, you agree that this Agreement shall be governed by the laws of the State of Tennessee. You and Freewithhosting.com agree that the law of the State of Tennessee, USA will apply to all matters relating to this Agreement and to Freewithhosting.com services. In addition, you and Freewithhosting.com agree and consent that the courts of Tennessee, will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. 13) NOTICES Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, 5 days after the date of mailing. 14) DISCLAIMER Freewithhosting.com will not be responsible for any damages your business may suffer. Freewithhosting.com makes no warranties of any kind, expressed or implied for services we provide. Freewithhosting.com disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Freewithhosting.com and its employees. Freewithhosting.com reserves the right to revise its policies at any time.