Number one rule, we never liked hidden charges so we don't have any. You host
with us you will be happy. Do not do anything wrong and you will be happy with
the FM Live web hosting community!
FM Live ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of FM Live Service constitutes acceptance and agreement to FM Live AUP as
well as FM Live TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
FM Live, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time
to time at the discretion of the Company. Subscriber understands that change
to the AUP by the Company shall not be grounds for early contract termination
or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of California, county of Volusia applicable to contracts enforceable
in that state. Venue will be Los Angeles, California.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our
service for illegal activities. Therefore, Subscriber agrees that the Company
may disclose any and all subscriber 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 the Subscriber. In addition
FM Live shall have the right to terminate all service set forth in this Agreement.
Adult hosting is allowed, no “warez” no child pornography will be tolerated!!
Anything that is legal can be hosted.
Payments and Fees: Service will be interrupted on accounts that reach 5 days
past due. Service interrupted for nonpayment is subject to a $10 reconnect charge
(individual hosting accounts). Accounts not paid by due date are subject to
a $15.00 late fee after 3 days and $5 after each day after Accounts that are
not collectable by FM Live may be turned over to an outside collection agency
for collection. If your account is turned over for collection, you agree to pay
the company a "Processing
and Collection" Fee of not less than $50 nor more than $150. If you desire to
cancel your account, please follow the proper procedure to do this as outlined
in this TOS.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
Account Cancellation: All requests for canceling accounts must be made in writing
with at least 30 days notice but not more than 60 days prior written notice and
e-mail sent to Director@FMLive.net .
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that service
can be interrupted for many reasons other than the negligence of the company
and that damages resulting from any interruption of service are difficult to
ascertain. Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the company's 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 the company be liable for any special or consequential damages, loss
or injury.
Support Boundaries: FM Live, provides 24 x 7 e-mail, online technical support
to our subscribers. We limit our technical support to our area of expertise.
The following is our guidelines when providing support: FM Live provides support
related to your server or virtual site physical functioning. FM Live does not
offer tech support for application specific issues such as CGI programming, html
or any other such issue. FM Live does not provide technical support for YOUR
customers. If you can e-mail, we encourage you to emailsupport@FMLive.net ,
or post in our discussion forums for assistance. If you are able to get online
and have other questions, the answers may be on our home page at http://www.fmlive.net/support/
- we encourage you to check there first. Lastly, the Help files in the program
you are using may have the answer to your question so please do investigate these
resources before contacting tech support.
SPAM and Unsolicited Commercial E-mail (UCE): FM Live takes a zero tolerance
approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our
network. Very simply this means that customers of FM Live may not use or permit
others to use our network to transact in UCE. Customers of FM Live may not host,
or permit hosting of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties, including termination
of service.
Violation of FM Live SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, FM Live will initiate an immediate
investigation (within 48 hours of notification). During the investigation, FM
Live may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, FM Live may, at
its sole discretion, restrict, suspend or terminate customer's account. Further,
FM Live reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. FM Live will notify
law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $50
and your account will be reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $100 and immediate termination
of your account. Users who violate this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $75 per hour that FM Live personnel
must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients
over the FM Live network, it is advisable that Customers develop a similar, or
stricter, policy for their clients.
* Network *
IP Address Ownership: If FM Live assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol address shall
belong only to FM Live, and Customer shall have no right to use that Internet
Protocol address except as permitted by FM Live in its sole discretion in connection
with the Services, during the term of this Agreement. FM Live shall maintain
and control ownership of all Internet Protocol numbers and addresses that may
be assigned to Customer by FM Live, and FM Live reserves the right to change
or remove any and all such Internet Protocol numbers and addresses, in its sole
and absolute discretion. Our allocation of IP addresses is limited by ARIN's
new policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses. What
this means to you is that you MUST use name-based hosting where possible. We
will periodically review IP address usage, and if we find that clients are using
IP addresses where name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall
not exceed the number of megabytes per month for the Services ordered by Customer
on the Order Form. FM Live will monitor Customer's bandwidth and disk usage.
FM Live shall have the right to take corrective action if Customer's 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 FM Live sole and absolute discretion. If FM Live takes any corrective action
under this section, Customer shall not be entitled to a refund of any fees paid
in advance prior to such action. In the event that a customer exceeds the included
allocation, FM Live may, at its sole discretion, collect a deposit, in an amount
determined by FM Live, against customer's credit card on file with FM Live.
System and Network Security: Users are prohibited from violating or attempting
to violate the security of the FM Live Network. Violations of system or network
security may result in civil or criminal liability. FM Live will investigate
occurrences, which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any
e-mail or forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Attempting to couple many hosting packages together to take advantage of massive
space or bandwidth allocations. Each hosting package purchased is unique to a
domain name and use - please do not purchase multiple "plan 1's" for instance
to get the combined bandwidth & space. FM Live will stop such transactions
and label them as deceptive. We have an upgrade path for all services and we
can often times work out special deals for users if they ask us for the assistance.
Suspension of Service or Cancellation: FM Live reserves the right to suspend
network access to any customer if in the judgment of the FM Live network administrators
the customer's server is the source or target of the violation of any of the
other terms of the AUP or for any other reason which FM Live chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. We offer a 30 day money back providing we
failed to provide you with the service as outlined for each individual hosting
plan. However setup fee's are non refundable under any cicumstances. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the time the customer's
machines were suspended.
In the Max Plan - Unlimited is referring to MAX of 5GB. Space
Miscellaneous Provisions: You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts are used, in that order
of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber
shall not operate as or be construed as a continuing or subsequent waiver thereof
or as a waiver of any breach of any other provision thereof. No chat rooms are
to be used on our servers.
Subscriber shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers rights
under this contract at anytime without further obligation.
FM Live takes no responsibility for any material input by others and not posted
to the FM Live Network by FM Live. FM Live is not responsible for the content
of any other websites linked to the FM Live Network; links are provided as Internet
navigation tools only. FM Live disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person or party's
violation of this policy.
FM Live is not responsible for any damages your business may suffer. FM Live
does not make implied or written warranties for any of our services. FM Live
denies any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by FM Live.
Responsibility for Content: You, as FM Live customer, are solely responsible
for the content stored on and served by your FM Live server.
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