Terms of Service

All services provided by FWX Company (“FWX Company”) may 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, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless FWX Company from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to FWX Company’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $25.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, FWX COMPANY WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

 

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $0.50 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.

IRC
If you wish to host an IRC Server you must complie by purchasing a ddos protected server to protect the network of FWX Company. Otherwise, IRC servers are not allowed. 
However, IRC Clients are allowed. 

Camfrog
We do not allow camfrog servers to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of FWX Company is strictly prohibited. As our customer you are responsible for all your accounts. This includes abuse of the server’s CPU and RAM resources to a degree that effects the performance of other customers on your node. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. If you abuse system resources, you will be contacted and offered options for accomodating or reducing usage prior to having your service terminated. Abusive processes, however, will be shut down prior to our attempts to contact you.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of FWX Company must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Backups
All shared hosting will be backed up daily to a secondary hard drive, monthly to a remote location. All VPS containers will be securely backed up via automated script every week to a remote location. Access to these backups is not guaranteed and is left to the discretion of FWX Company.

Removal or exclusion from backups may be requested at any time by opening a support ticket at http://clients.fwx.co

Billing
By the Account Activation Date of each month, FWX Company shall either:

(1) charge the client’s chosen billing method through the associated PayPal subscription;
or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to FWX Company by no later than the specified payment due date. FWX Company shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All PayPal subscriptions are automatically processed through PayPal and charged to the default or backup payment method that you selected upon signup. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient funding, we will send an e-mail notification, at which point the client must resolve the issue with PayPal within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, may be suspended.

Service Fees
Certain services carry a setup fee charged by FWX Company to client, which must be paid by client in order to have use of said services. These fees will be specified on the order form prior to choosing your product. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to FWX Company and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit. If you feel that a refund is warranted we encourage you to contact us at info@fwx.co.

Account Deactivations
Any account deactivated due to non-payment will be required to pay the previously unpaid invoice or invoices prior to reactivation, unless otherwise specified.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. Account cancellations may take up to 24 hours to process and we encourage you to plan accordingly.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
FWX Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from FWX Company ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, FWX Company 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 FWX Company ‘ servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to legal@fwx.co. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
FWX Company cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by FWX Company are resold. Thus, certain equipment, routing, software and programming used by FWX Company are not directly owned or written by FWX Company. Moreover, FWX Company holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as FWX Company sees fit.

Account Activation
By activating your account with FWX Company, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
FWX Company guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

FWX Company reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy
Revision date: May 14, 2012

FWX Company has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, no third party receives any type of information from us.

Contact information from the order form is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the client for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH AS BILLING INFORMATION, ETC.

Contacting FWX Company

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: legal@fwx.co

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