1. Introduction
First Productions, Inc. is a
reseller of high-quality web hosting service. In order to
maximize the efficiency with which we serve our customers and to
protect the best interests of both First Productions, Inc. and
our customers, we require all customers to agree to the terms of
this document before beginning service with us. By placing
information on our hosting provider's servers, you acknowledge
that you have read and understand this agreement, and agree to be
bound by the terms and conditions contained herein.
2. Definitions
A. "First Productions, Inc."
refers to the the corporation First Productions, Inc.
B. "FirstProductions Web Hosting"
refers to the web hosting service provided through First Productions, Inc.,
to First Productions, Inc.'s web hosting provider, and to First Productions,
Inc.
C. "Customer" refers to
you, the party requesting service from First Productions, Inc.
and using services provided through First Productions, Inc.
D. "The Service" refers
to the service(s) provided through First Productions, Inc. to its
customers, including, but not limited to, the use of space on the
internet servers for the purpose of storing data to be
transmitted across the Internet, the use of the internet servers
to process data and return information to visitors at customer
web site(s), the use of the domain name servers to answer domain
name queries for customer domain name(s), and the use of the mail
servers for sending and/or receiving electronic mail to and/or
from others on the Internet or other data networks worldwide.
E. "Annual Renewal Fee" refers
to the current (subject to change) annual account renewal fee that
each web hosting client must pay to First Productions, Inc. in order
to maintain web hosting service. The Annual Renewal Fee is NON REFUNDABLE.
The Annual Renewal Fee covers the costs associated with registering and
maintaining your domain name, as well as administrative costs.
3. Scope of our Services
FirstProductions Web Hosting will provide
you with services as detailed on our website at
http://www.firstproductions.com/hosting
4. Term of This Agreement
This agreement has a termination
date of one year after accepted by the Customer, and services
requested by you will continue to be provided until that date,
unless terminated by you or by us as provided for in
section 6 of this document. When the Customer decides to renew
their web hosting account, and the Customer pays the Annual Renewal Fee,
then the Customer must agree to the current Service Agreement in place at
that time.
5. Your responsibilities
A. You MUST supply appropriate
payment for FirstProductions Web Hosting service before starting
use of the service.
B. You MUST maintain a separate current copy of all data stored
on FirstProductions Web Hosting servers on your own computer.
Backups of new/changed data and full backups are made bi-
weekly. 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. The
client is responsible for keeping a complete and current
copy of their web site files as backup on a remote system
(not on FirstProductions Web Hosting servers).
First Productions, Inc. is not responsible for any lost files,
information, or data. First Productions, Inc. does not
guarantee to possess the most current copy of a client's
website. If loss of data occurs due to an error of First
Productions, Inc., First Productions, Inc. will attempt to
recover the data at no charge to the client. If data loss
occurs due to negligence of client in securing their account
or by an action of the client, First Productions, Inc. will
attempt to recover the data from the most recent archive for a
$50.00 fee.
C.
1. You MUST retrieve your E-Mail from our servers within 7 days
and keep your e-mail accounts clean. Any E-Mail Accounts
containing e-mail that is stored on our servers for more than 7
days may be deleted without notice. Any E-Mail Account found to
contain a virus will be deleted without notice.
2. You MUST retrieve your Anon-FTP files in your incoming
directory from our servers within 24 hours. Any Anon-FTP files
that is stored on our servers for more than 24 hours may be
deleted without notice. Any Anon-FTP files Account found to
contain a virus, stolen or illegal file will be deleted without
notice.
D. You MUST use the service only for lawful purposes.
E. You MUST comply at all times with our policies. In agreeing,
you understand that the policies can and will change periodically
without notice. A complete and updated list or our policies is
located publicly at:
http://www.firstproductions.com/hosting/policy.html
F. You MUST NOT use or install any type of script that does any
of the following: Enable Chat, Enable Telnet Access, Redirect
visitors to different parts of your site based upon the domain
name (better known as redirection scripts, intended to enable
users to give people their own domain names by detecting the
domain name they are typing in, and then redirecting them into
another section of the site... usually a directory), spamming,
smurfing, sniffing, hacking, or any other illegal act.
G. You MUST allow us to contact you in any way shape or form for
purposes that we deem appropriate within the constructs of US
Law. First Productions, Inc. may contact you via email in the
form of a newsletter, a notification, an advertisement, a survey,
a question, an update, and any other form of email contact that
First Productions, Inc. deems necessary.
H. You MUST download to your home computer and keep any necessary
backup of all raw access logs each month. In order to conserve
webspace, any and all access log files from the previous month
will be deleted on the first of each month.
I. You MUST not slander, libel, or publish defamatory information
against us in any way or manner.
J. You MUST NOT abuse the server in any way shape or form. Abuse
of the system will result in a $100 fine, and/or termination of
service. Abuse is anything that causes harm to the servers or the
service provided by FirstProductions Web Hosting or First
Productions, Inc.
K. You MUST PRE-PAY for any and all Traffic that goes over your
monthly allowance.
You MUST pay any and all Traffic Violation Fees as soon as you
have been notified of a Traffic Violation. Traffic Violations are
subject to the following policy:
TRAFFIC VIOLATION POLICY: All accounts are provided with a
generous 5 gigs of traffic. Traffic means website hits, uploads,
downloads, anonFTP, normal FTP, E-Mail, Autoreponses, Returned
E-Mail processing, Mailing Lists, FrontPage use, etc. Basically,
anything and EVERYTHING that ever runs through your site counts
towards your Traffic allowance of 5 gigs per month. Traffic is
metered via INTERNAL software and is extremely accurate. Client
does not see or use or have access to the same internal software
that is used to meter Traffic. Client is provided with a THIRD
PARTY Site Statistics programs that is to be used for
entertainment purposes only, and is has no warranty or guarantee
of any kind. The client is responsible to notify First
Productions, Inc. of any problems found with the Traffic Meter
using THIS FORM. The Traffic Meter can be viewed 24 hours a day on
the left hand side of the client Online Control Panel. Client is
required to check Traffic Meter every 24 hours and to notify
First Productions, Inc. as soon as a problem is detected using THIS FORM. Once a problem is brought to First Productions,
Inc.'s attention, the problem will be investigated and the
findings will be reported back to the client. The findings are
considered FINAL, and if an amount is due, client will be
expected to pay it immediately.
6. Service at Will
We reserve the right to refuse or
discontinue service to anyone at our sole discretion. We may deny
you access to all or part of The Service if you engage in any
conduct or activities that we believe violates any of the terms
and conditions in this document, and/or our policies page. We
shall have no responsibility to notify any third-party providers
of services, merchandise or information, nor any responsibility
for any consequences resulting from such discontinuance or lack
of notification. You agree that we have the right to monitor the
service electronically from time to time and to disclose any
information that is necessary to satisfy the law, or to protect
ourselves or our customers. We reserve the right to refuse to
post or to remove any information or materials, in whole or in
part, that, in our sole opinion, are unacceptable, undesirable,
or in violation of this agreement or our policies.
You have the right to terminate
your relationship with First Productions, Inc. at any time for
any reason. You may notify us of your desire to cancel your
service, in writing via US Mail to First Productions, Inc., P.O. Box 195512, Winter
Springs, FL, 32719 . Refunds
for unused portions of your service, if applicable, will be
issued as provided for in section 7 of this document.
7. Refunds
Should First Productions, Inc.
cancel service, refunds will be prorated for the charges that the
customer incurred for the customer's current year of hosting
services. Should the customer cancel hosting service, the charges
incurred for the current year of hosting services minus $35 will
be prorated and refunded, however setup fees are not refundable.
Accounts terminated due to policy violations will not be
refunded. In any case, InterNIC fees are not refundable.
In addition, ANY AND ALL FINES or
Additional Fees that you incur while using our service including
but not limited to spamming fines, traffic overage charges, and
abuse fines are NOT REFUNDABLE and CAN NOT BE CANCELLED in ANY
WAY. If you request and receive a refund for your purchase, and
you have not paid ALL of your fines, fees and additional charges,
you will leave with a BALANCE DUE. Until these fines, fees, and
additional charges have been paid, you will NOT be given access
to files stored on the servers provided through FirstProductions Web Hosting
Refunds resulting in OUR decision
to terminate your service (as per section 6 of this document)
will be issued or not, at our sole discretion.
8. Indemnification
You agree to indemnify, defend,
and hold harmless First Productions, Inc. from any and all
liabilities, penalties, losses, damages, costs, expenses,
attorney's fees, causes of action or claims caused by or
resulting directly or indirectly from your use of The Service
which is damaging either you, First Productions, Inc., or any
other party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all issues
associated with your account, including but not limited to domain
name selection, site content, site data, email, files, and any
other web site content of any kind.
9. Warranties
First Productions, Inc. makes no
warranties or representations of any kind for The Services being
offered. The service is provided on an "as is" and
"as available" basis without warranties of any kind,
either expressed or implied, including but not limited to
warranties of title, non infringement, or implied warranties of
merchantability or fitness for a particular purpose. No advice or
information given by First Productions, Inc. or its agents or
employees shall create a warranty. First Productions, Inc.
provides no warranty that The Service will be uninterrupted or
error free or that any information, software or other material
accessible on The Service is free from viruses or other harmful
components. Under no circumstances shall First Productions, Inc.
be liable for any direct, indirect, special, punitive or
consequential damages that result in any way from your use of or
inability to use The Service, or for third parties use of the
service to access your Web space, or to access the Internet or
any part thereof, or your or any third parties' reliance on or use
of information, services, or merchandise provided on or through
The Service, or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance. If you
are dissatisfied with The Service or any of its terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using The Service.
10. Notice Under the Electronic
Communications Privacy Act (ECPA)
FirstProductions Web Hosting reserves
the right to monitor any and all communications
through or with our facilities. You agree that FirstProductions Web Hosting
is not considered a secure communications
medium for the purposes of the ECPA, and that no expectation of
privacy is afforded.
11. Prior Agreements
This agreement supersedes any
written, electronic or oral communication you may have had with
FirstProductions Web Hosting or any agent or
representative thereof, and constitutes the complete and total
agreement between the parties.
12. Severability
If any provision of this agreement
is determined to be invalid or unenforceable, all other
provisions shall remain in full force and effect and said
provision shall be reformed only to the extent required to make
it enforceable.
13. Acknowledgement
By placing and continuing to
maintain or place information on the servers provided through
FirstProductions Web Hosting, you are stating and acknowledging that
you have read and understand the terms and conditions of this
document and agree to be bound by them.
