Acceptable
Use Policy, Billing Terms & Service Agreement
1.
GENERAL USE
1.1
Articulate Fx Hosting does not allow
adult-oriented sites or the solicitation of any illegal
activities on any of its servers.
1.2
Customer understands that Articulate Fx Hosting equipment
and property is to be used only for lawful purposes.
Customer takes full responsibility for any wrongful actions
he or she commits or allows being committed using Articulate
Fx Hosting equipment or property. Articulate Fx
Hosting or other relevant authorities may determine
inappropriate usage of this service and your user account
may be revoked at Articulate FX Hosting discretion.
1.3
Customer shall indemnify Articulate FX Hosting against any
and all damages, losses, costs, and expenses (including
reasonable attorneys' fees) arising from any negligent act
or omission or misconduct of customer, or its employees,
agents or sub-contractors, and for any breach by customer of
any term or condition of this agreement.
1.4
In no event shall Articulate FX Hosting be liable for loss
of profits, indirect, incidental, special, consequential, or
other similar damages, arising out of the performance of
this agreement. In the event any remedy fails of its
essential purpose, or in any other event, Articulate Fx
Hosting liability shall not exceed the amount of monthly fee
paid to Articulate Fx Hosting by customer under this
agreement.
1.5
Articulate Fx Hosting service is provided on an
"as-is", "as-available" basis without
warranties of any kind, either express or implied.
Articulate Fx Hosting expressly disclaims any representation
or warranty that the Articulate Fx Hosting service will be
error-free, secure or uninterrupted. No oral advice or
written information given by Articulate Fx Hosting, it's
employees, licensors or the like, will create a warranty;
nor may you rely on any such information or advice.
1.6
Limitation of liability. Under no circumstances,
including negligence, will Articulate Fx Hosting, or one of
its affiliates be liable for any direct, indirect,
incidental, special or consequential damages that result
from the use of or inability to use Articulate Fx Hosting or
the Internet, including but not limited to reliance on any
information obtained via the Articulate Fx Hosting service
or obtained from the Internet; or that result from mistakes,
omissions, interruptions, deletion of files or e-mail, loss
of or damage to data, errors, defects, viruses, delays in
operation, or transmission, or any failure of performance,
whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to
Articulate Fx Hosting records, programs or services.
You hereby acknowledge that this provision will apply
whether or not Articulate Fx Hosting is given notice of the
possibility of such damages and that the provision will
apply to all content, merchandise or services available from
Articulate Fx Hosting.
1.6
Articulate Fx Hosting performs daily incremental and full
weekly web site backups. However, all hosting customers are
ultimately responsible for data housed on our servers.
Articulate Fx Hosting assumes no legal or monetary liability
for website content or database materials housed on our
servers that is lost during a system failure or catastrophic
event unless the individual client contract specifies
otherwise. We strongly suggest that all clients or their
webmasters keep current backups of their site(s) - especially
their databases.
1.7
Articulate Fx Hosting strongly recommends that customers
practice common-sense security procedures by refraining from
storing credit card information or any proprietary data
within their web/ftp space without the use of very strong
encryption software. The Internet is a shared public network
with access by tens of millions of people - therefore we
assume no responsibility for the loss or theft of credit
card or propriety information unless otherwise specified in
your service contract.
2.
BILLING AND PAYMENTS
2.1
One-time account activation and/or new domain registration
set up fees are non-refundable. Additional service upgrades
and options are assessed a nominal one-time activation
(ranging from $5-$250) where applicable. In some cases, the
activation fee(s) may be waived as part of your hosting plan
ONLY IF this service option is requested at the time initial
service is activated. Please contact us with any questions.
2.2
Billing for services begins at the time
your request for service is activated on our servers and not
when you decide to upload content. We send out
confirmation messages via e-mail, fax or phone immediately
after the account is established notifying the client that
the account is now active. It is the clients
responsibility to begin uploading content to your web site
at their earliest convenience.
2.3
Payment is due at the time service is requested. Your
username and password will be issued when payment is
received and confirmed. Payment can be made via credit
card, personal or business check.
2.4
All new accounts will be billed monthly, quarterly or
annually.
Longer-term pricing plans are also available. Preference
is given to credit card billing. If
needed, we can arrange a billing cycle for customers
who pay via check or money order, but they are subject to an
additional $10.00 administrative processing fee. Please
contact us.
2.5
For existing customers who pay by check or money order, payment in full is due on the date indicated on the
invoice. Since invoicing is sent out after services have
been rendered, payments must be received on or before the
due date or they will be considered late and are subject to
a minimum $10 service fee or 1.75% of the total outstanding
monthly balance (whichever is higher). Accounts that
go past due 30 days will be automatically placed on
administrative hold. Your web site will be
re-activated only after we receive payment in full plus a
$50 re-activation fee. Your prompt payment is
sincerely appreciated and helps us maintain our low prices.
Please contact
us with questions.
2.6
Customer is responsible for any and all bank charges
incurred by ArticulateFx Hosting - plus a $20
handling/processing fee - as a result of lack of funds in
your bank/credit card account. Your web and mail account(s)
will be immediately de-activated until we receive payment
via cashiers check.
2.7
Payments may be pro-rated during your first month of
service. All accounts are billed from the first to last
day of each billing cycle. For example, if your account was
activated on March 13, 1998 and you chose the quarterly
option - your first invoice would include charges for
service from March 13 - through June 1, plus any applicable
fees such as activation, web design, SSL, etc.
2.8
All plans are Pre-paid plans and can not be refunded for any reason. If
you sign an agreement with us in order to take advantage of
a special discounted or promotional rate, then decide to
switch providers or cancel service for any reason, we can
not refund any payments.
2.8b
In the event that ArticulateFx Hosting is ever acquired by
another ISP/Web Host provider (and we are not looking
to be bought out) - you will be entitled to a full cash
refund of any remaining account balance or we will make
sure the new owner honors your current service contract. You
will have the option to continue or cancel service which
should provide you with the peace of mind in today's
turbulent Internet industry.
2.9
Customers can upgrade their
account plans at any time. ArticulateFx Hosting will review
your current account balance, apply the new rate plan, and
will adjust the amount of pre-paid time remaining on your
service contract.
2.10
Additional Disk Storage Space per month is billed at per MB block (- (99% of our customers do not exceed their
monthly disk storage quotas)
2.11
If applicable, additional Monthly Data Transfers are billed at $75 per
500MB block - (99% of our customers do not exceed their
monthly data transfer - a.k.a. "bandwidth" quotas)
2.12
If applicable, additional E-mail Accounts are available @ $5 per mailbox
per month with a one-time $5 set up fee per mailbox.
Requests for FREE e-mail aliases should be made to support@ArticulateFx.com
Blocks of mail accounts may be purchased at a discounted
rate - please contact our sales
department.
2.13
There is no fee to activate auto-response messaging or mail
forwarding. Customers have access to a browser enabled
mail configuration page and can customize their mail
settings/options 24 hours a day. We will gladly assist
you in creating a mail auto-responder and training you how
make changes. There is a flat fee of $35/each.
2.14
Any additional services requested outside the scope of the
services offered as part of your hosting service plan are
available at a rate of $75-150/hour. These services
include, but are not limited to, training, consulting
services, file retrieval from tape backup
("archives"), uploading HTML or graphic files
which you provide on ZIP diskettes or CD-ROM to the Agir
Hosting server.
2.15
All service upgrades and options (add-ons) require a nominal
one-time activation fee. Refer to your specific plan for
options and applicable rates.
3.
SERVICE CANCELLATION
3.1
Customer agrees to notify ArticulateFx Hosting via e-mail or
fax 30 days prior to account cancellation and agrees to pay
any remaining account balances within 3 business days after
termination.
3.2
Service cancellation requests will be honored and considered
closed as soon as the account is paid in full. Web and mail
accounts will be cancelled according to the specific
instructions on your fax or e-mail. Account cancellations
are subject to a $50 administrative processing fee per site.
Any remaining balances will be paid to you via check within
30 days.
3.3
Accounts will not be considered closed when you change the
DNS records to another ISP/Host without notifying Articulate
Fx Hosting first as described in section 3.1. Your account
will remain open and billing will continue. All deadbeat
accounts are turned over to collections and/or reported to
the IRS.
4.
CGI SCRIPTS, WEB STATS AND OTHER TECHNICAL ISSUES
4.1
Unless you are managing your own server, all CGI scripts must be pre-approved by
Articulate Fx Hosting prior to use on our servers. Customer
agrees to send all CGI scripts to: support@ArticulateFx.com
and should include short description of what the script
actually does in the body of the message. As a courtesy,
once the script is approved we will upload it to the server
for immediate use. Bad scripts will be returned to you
for repair by your webmaster. Failure to have your script
pre-approved before upload may result in account
termination.
4.2
Customer understands that Articulate Fx Hosting is a web
hosting provider and that we are not responsible for
technical support issues relating to your Internet Service
Provider (i.e.: slow access speeds, old software, connection
issues, etc.)
4.3
Web site maintenance can be performed 24 hours a day via SSH,
FTP
or the FrontPage Publishing Wizard. Articulate Fx
Hosting is not responsible for poorly written source code or
scripts which result in broken links, inaccessible areas or
slow server response times on your web site. Please
consult directly with your webmaster to ensure the accuracy
and efficiency of your files before uploading them to the
server.
4.4
Upon request, Articulate FX Hosting will set up real-time
site statistics viewing as a FREE value-added service to our
Virtual Private Server clients. If you would like
Articulate FX Hosting to configure web site statistic
viewing, you must contact
us via e-mail to request it. Articulate Fx Hosting
provides online archives for all customer site stats for a maximum
of 90 days. Customers
can review their site statistics anytime, 24 hours a day and
have the option of downloading the results directly to their
computer for future review and manipulation. Upon
special request and for a one-time set up fee of $200,
Articulate Fx Hosting can configure your web stats for up to
365 days of continuous viewing. The 365-day stat
feature MUST be requested at the time of initial service
request or you will incur additional hourly fees ($75-$150)
in order to retrieve raw log data from server tape archives.
Additionally, we can provide archived stat databases (raw
server logs) on CD ROM or Zip Disk for up to one year for
existing customers only for a $200 one-time fee.
4.5
Articulate Fx Hosting strongly urges clients to download
(export) and save your web stats on a regular basis.
Although our web stat policy only guarantees access to your
web site statistical data for a maximum
of 90 days, Articulate Fx
Hosting may often times offer stats for longer periods of
time as disk storage space and personnel resources allow.
If it is absolutely essential that you have statistical data
for a full calendar year, please contact us immediately at
(716)
732-3518 and we will work with you to set this up. There is
a one-time set up fee of $200 and will start from the time
the request is made.
4.6
Articulate Fx Hosting can provide support for third party
software cgi-enabled products like bulletin boards, shopping
carts, guest-books, hit counters, etc. However, there is a
nominal set up fee to set these up.
4.7
Articulate FX Hosting is not responsible for providing
technical support for any third party cgi/perl scripts or
programs you wish to use in your site. You should be
familiar with general scripting and programming languages
before implementing such features. Support for these add-on
programs should be obtained from the software company
directly. If you require troubleshooting support from us, an
$75/hr system fee (2hr min.) will be incurred.
5.
DOMAIN NAMES & REGISTRATION
5.1
If requesting the registration of a domain name, you certify
that to the best of your knowledge the use of this name does
not violate the trademark, service mark, or other
proprietary name or mark of any other person or entity.
Registering a domain name does not infer any legal rights to
that name and any disputes between parties over the rights
to use a particular name are to be settled between the
contending parties.
5.2
Additional domain "pointers" in excess of your
account package may be purchased. Please refer to our
Domain Name "pointing" service for specific
details.
5.3
Domain Name Parking only customers are not allocated an IP
address. All "parked" domain names will be
temporarily pointed at our root-level domain (ArticulateFx.com)
until the customer signs up for a VP hosting package or our
DNS Plus service.
5.4
Articulate FX Hosting will not acknowledge domain name
modification requests until the customer notifies us in
writing or by phone that they are canceling service.
Upon receiving the cancellation notice, we will request
payment of any outstanding account balance via credit card,
then we will submit or acknowledge the request on your
behalf.
6.
SSL
6.1
Customers can request a Private SSL certificate (required
for secure server-browser communications). First year fee is
$350 and includes a one year certificate from Thawte
Consulting/Verisign). SSL certificate requires an annual
renewal fee of $175.
6.2
The SSL certification application process involves the
completion and submission of a lot of paperwork. This
paperwork is required to authenticate your business and is
mandatory before a certificate will be issued. The normal
process can take up to three weeks - but can be expedited if
you have a Dunn & Bradstreet number (DUNN).
6.3
Unless otherwise requested, all SSL certificates are regular
strength. If you require 128k strong encryption strength,
the certificate authority (CA) does charge a bit more -
please call (716)-732-3518.
7.
WEB HOSTING SPACE RESELLING
7.1
We do offer web space reseller opportunities to
webmasters. You are able to lease server space from us and resell it according to your own
price plans. We offer a discounted contracted rate
because you will invoice your own clients. Contact
us for additional information or keep checking our
RESELLERS section for the latest information.
8.
PROMOTIONAL OFFERS OR SPECIALS
8.1
Articulate FX Hosting does not allow clients to combine
advertised or non-advertised specials, promotions or
discounts with any other special, discount
or promotion.
8.2
Customer understands that pre-paid offers are
non-refundable.
9.
WEB SITE DESIGN / DEVELOPMENT
9.1
Articulate FX Hosting does not allow clients to combine
advertised or non-advertised specials, promotions or
discounts with any other special, discount
or promotion.
9.2
Customer will be billed at an hourly rate of $75 per hour
for any web design services above and beyond the contracted
project or proposal.
9.3
Photo scanning and Image Manipulation is billed at a flat
rate of $15 and $35 per item respectively.
9.4
Once a web site has been approved by the customer and is
uploaded to our servers, customer shall retain full
ownership of the source code and are fully responsible for
keeping it current. We can provide ongoing site
maintenance on a per project basis or on a flat per month
rate - please call.
9.5
Customer acknowledges the current rate plans and understands
that they are responsible for any and all charges incurred
beyond the original proposal.
9.6
As a value-added service, Articulate FX Hosting will ONLY
provide web design services to clients who host their site
with us. If you only require web design services, we
will be happy to refer you to one of our strategic
design-only partners.
Articulate Fx
Hosting
reserves the right to modify this agreement and/or hosting
packages at any time and without notice. It is your
responsibility to review and agree to the terms and
conditions set forth above prior to initiating service. All
current customers are typically notified of any changes and
have the right to continue service. It's important to note
that we have never increased prices for any customer
for any reason. We mention this as a matter of policy and to
avoid any possible misunderstandings that may arise. Most
matters can be resolved quickly via telephone. Please call
(716)-732-3518 with any questions.
After
you have read, understand and agreed to the above terms and
conditions, then you may: SIGN
UP
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