In this Agreement, "We," "Us," and "Our"
refer to Fr33WebHost.com; "You," "Your," and "Yourself"
refer to the entity utilizing the Fr33WebHost/Fr33WebHosting free web
hosting service; "Our Site" refers to the websites located
at the URLs: http://www.fr33webhost.com and http://www.fr33webhosting.com.
Fr33WebHost.com provides its service to You, subject to the following Terms
of Service ("TOS"). We may amend this Agreement at any time
by posting the amended terms on Our Site (please see Paragraph 22 for
more details). The amendment shall automatically become effective three
(3) days after they are initially posted on Our Site. In addition, when
using particular Fr33WebHost.com services, You shall be subject to any posted
guidelines or rules applicable to such services, which may be posted
from time to time. All such guidelines or rules are hereby incorporated
by reference into this TOS.
1. SERVICE DESCRIPTION
Fr33WebHost.com currently provides users with access to a selection of resources,
including free web hosting, use of our nameservers, free server space,
free data transfer, free email and personalized content, through its
network (the "System"). Unless explicitly stated otherwise,
any new features that enhance the current System, including the release
of new Fr33WebHost.com features, shall be subject to the TOS. You understand
and agree that the System is provided "AS-IS," and that Fr33WebHost.com
assumes no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communications or personalization settings.
2. REGISTRATION OBLIGATIONS
In consideration of Your use of the System, You agree: (a) that You
are at least 13 years of age; (b) to provide true, accurate, current
and complete information about Yourself as prompted by the forum registration
form (this information will comprise the "Database"); (c)
to receive any Fr33WebHost.com newsletters; and (d) to maintain and promptly
update the Database to keep it true, accurate, current and complete.
Non-compliance with any of these obligations during the maintenance
of Your account may result in the suspension or termination of Your
account, and may result in the refusal of any and all current or future
use of the System, or any portion thereof at the sole discretion of
Us.
3. MEMBER ACCOUNT INFORMATION
You will receive a password and account designation upon completing
the System's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under Your password or account. You agree
to (a) immediately notify Fr33WebHost.com of any unauthorized use of Your
password or account or any other breach of security, and (b) ensure
that You exit from Your account at the end of each session. We will
not be liable for any loss or damage arising from Your failure to comply
with this Section.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the entity from which such Content originated. This means that You,
and not Fr33WebHost.com, are solely responsible for all Content that You
upload, post, email or otherwise transmit via the System. We do not
control the Content posted via the System and as such, do not guarantee
the accuracy, integrity or quality of such Content. You understand that
by using the System, You may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will We be liable
in any way for any Content, including but not limited to, any errors
or omissions in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise transmitted
via the System.
You agree to not use the System to:
a. Upload, post, email or otherwise transmit any Content that is directed
to inciting or producing imminent conduct that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable and is likely to produce such conduct;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to,
a Fr33WebHost.com official, forum leader, guide or host, or falsely state
or otherwise misrepresent Your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the System;
e. Upload, post, email or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," or "pyramid schemes;"
h. Upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the System are able to type, or otherwise
act in a manner that negatively affects other user's ability to engage
in real time exchanges;
j. Interfere with or disrupt the System or servers or networks connected
to the System, or disobey any requirements, procedures, policies or
regulations of networks connected to the System;
k. Intentionally or unintentionally violate any applicable local, state,
national or international law;
l. "stalk" or otherwise harass another;
m. Collect or store personal data about other users without their knowledge;
n. Promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or
promote any act of cruelty to animals.
o. If you are using email forwarding, you agree that we reserve the
right at our sole discretion to filter and delete all spam emails.
5. ADVERTISING BANNERS
Our free hosting services require you to diaplay any or our advertising
banners but although not required we would be grateful if you had a
link back to Fr33WebHost.com.
6. INTELLECTUAL PROPERTY INFRINGEMENT
As a condition for your use of our services offered and defined by our
System, you represent and warrant that your registered domain name does
not violate the intellectual property rights of any third party. In
the event you are found to have breached your obligation pursuant to
this section and your domain name is using any of our services offered
and defined by our System, you agree to pay us liquidated damages in
the amount of USD$500.00 per day per each instance of a violation until
remedied by you. You further agree that we may demand at any time proof
of any intellectual property ownership or licensing, as the case may
be, to ensure your compliance with this section.
7. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
You agree to comply with all local rules regarding online conduct and
acceptable Content. Specifically, You agree to comply with all applicable
laws regarding the transmission of technical data exported from the
the country in which You reside.
8. CONTENT SUBMITTED TO Fr33WebHost.com
You agree that Fr33WebHost.com and its designees have the right to refuse
or move any Content that is available through the System. Additionally,
Fr33WebHost.com and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that
You must evaluate and bear all risks associated with the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, You acknowledge that You may not rely
on any Content created by Fr33WebHost.com or submitted to Fr33WebHost.com. You
acknowledge and agree that We may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Fr33WebHost.com, its users and the
public. You understand that the technical processing and transmission
of the System, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
9. PUBLIC CONTENT POSTED TO Fr33WebHost.com
9 (a) For purposes of the TOS, "publicly accessible areas of the
System" are those accessible by the general public.
(b) With respect to Content You elect to post for inclusion in publicly
accessible areas of Fr33WebHost.com or that consists of photos or other
graphics You elect to post to any other publicly accessible area of
the System, You grant Fr33WebHost.com the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content on the
System solely for the purpose of displaying, distributing and promoting
the specific Fr33WebHost.com site to which such Content was submitted, or,
in the case of photos or graphics, solely for the purpose for which
such photo or graphic was submitted to the System. This license exists
only for as long as You elect to continue to include such Content on
the System and shall be terminated at the time You delete such Content
from the System.
10. INDEMNITY
You agree to indemnify and hold Fr33WebHost.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorney's fees, made
by any third party due to or arising out of Content You submit, post
to or transmit through the System, Your use of the System, Your connection
to the System, Your violation of the TOS, or Your violation of any rights
of another.
11. PROHIBITION AGAINST RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the System, use of the System,
or access to the System.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fr33WebHost.com may establish general practices and
limits concerning use of the System, including without limitation the
maximum number of days that email messages or other uploaded Content
will be retained by the System, the maximum number of email messages
that may be sent from or received by an account on the System, the maximum
size of any email message that may be sent from or received by an account
on the System, the maximum disk space that will be allotted on Fr33WebHost.com's
servers on Your behalf, and the maximum number of times (and the maximum
duration for which) You may access the System in a given period of time.
You agree that Fr33WebHost.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the System. You acknowledge
that Fr33WebHost.com reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Fr33WebHost.com
reserves the right to change these general practices and limits at any
time with or without prior notice.
13. MODIFICATIONS TO SYSTEM
Fr33WebHost.com reserves the right at any time to modify or discontinue,
temporarily or permanently, the System, or any part thereof with or
without prior notice. You agree that Fr33WebHost.com shall not be liable
to You or to any third party for any modification, suspension or discontinuance
of the System.
14. TERMINATION
You agree that Fr33WebHost.com may terminate Your password, account, Fr33WebHost.com
Site, use of the System, or use of any other Fr33WebHost.com service, and
remove and discard any Content within the System, for any reason, including,
without limitation, for lack of use or if Fr33WebHost.com believes that
You have violated or acted inconsistently with the provisions of the
TOS. Fr33WebHost.com may also, at any time, discontinue providing the System,
or any part thereof, with or without prior notice. You agree that any
termination of Your access to the System under any provision of this
TOS may be effected without prior notice, and acknowledge and agree
that Fr33WebHost.com may immediately deactivate or delete Your account and
Fr33WebHost.com Site and all related information and files in Your account
and Fr33WebHost.com Site and/or bar any further access to such files or
the System. Further, You agree that Fr33WebHost.com shall not be liable
to You or any third-party for any termination of Your access to the
System.
15. OTHER GROUNDS FOR TERMINATION
We reserve the right, in our sole discretion, to terminate your free
hosting service with respect to any domain name that you subsequently
transfer to another registrar. You understand and acknowledge that your
continued use of our free hosting service is conditioned on your domain
remaining registered with us and not violating our other stated conditions.
16. DEALINGS WITH ADVERTISERS
Fr33WebHost.com runs advertisements and promotions on Fr33WebHost.com Sites.
The manner, mode and extent of advertising by Fr33WebHost.com on Fr33WebHost.com
Site is subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through
the System, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between You and such advertiser. You
agree that Fr33WebHost.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the System.
17. LINKS
The System may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Fr33WebHost.com has no control
over such sites and resources, You acknowledge and agree that Fr33WebHost.com
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Fr33WebHost.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
18. Fr33WebHost.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the System and any necessary software
used in connection with the System ("Software") contains proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the System or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Fr33WebHost.com or advertisers, You agree not
to modify, rent, lease, loan, sell, distribute or create derivative
works based on the System or the Software, in whole or in part. Fr33WebHost.com
grants You a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that You do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the System. You
agree not to access the System by any means other than through the interface
that is provided by Fr33WebHost.com for use in accessing the System.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Fr33WebHost.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. Fr33WebHost.com MAKES NO WARRANTY THAT (i) THE SYSTEM WILL MEET YOUR
REQUIREMENTS, (ii) THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SYSTEM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SYSTEM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SYSTEM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Fr33WebHost.com OR THROUGH OR FROM THE SYSTEM SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fr33WebHost.com SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fr33WebHost.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SYSTEM; (iii) UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY OTHER MATTER RELATING TO
THE SYSTEM.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS PROVIDED IN SECTIONS 18 MAY NOT APPLY
TO YOU.
22. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The System is provided for informational purposes only, and no Content
included in the System is intended for trading or investing purposes.
Fr33WebHost.com shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted via the System, and shall
not be responsible or liable for any trading or investment decisions
made based on such information.
23. NOTICE
Notices to You may be made via either email or regular mail. The System
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to You generally on the System.
24. MODIFICATION
We may modify any of the terms and conditions contained in this TOS
at any time and in Our sole discretion. A change notice will be posted
on Our Site and shall be effective after three (3) days after they are
posted on Our Site.
25. GENERAL INFORMATION
This TOS constitutes the entire agreement between You and Fr33WebHost.com
and governs Your use of the System, superceding any prior agreements
between You and Fr33WebHost.com. You also may be subject to additional terms
and conditions that may apply when You use affiliate services, third-party
content or third-party software. The TOS and the relationship between
You and Fr33WebHost.com shall be governed by the laws of the United Kingdom
without regard to its conflict of law provisions. You and Fr33WebHost.com
agree to submit to the personal and exclusive jurisdiction of the courts
located in the United Kingdom. The failure of Fr33WebHost.com to exercise
or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties agree
that the court should proceed to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or
related to use of the System or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Terms of Service validation code: DISABLED. Due to excessive abuse of our service, we are not currently accepting new registrations.
26. VIOLATIONS
Any violations of the TOS should be reported to Us immediatly via support
ticket. In the event that You breach any of the above provisions of
this Agreement, You agree that We may terminate Your use of Our System.
In the event such a breach occurs by You, We will post a page from Your
domain name stating that You have violated Our terms and conditions
of service.
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