Client Service Agreement
Last Updated: December 24th, 2023
By accepting this agreement, you also accept to the Hosting Service Terms
- All services provided by Felware ("Felware") 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, county, 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. You agree to indemnify and hold harmless Felware from any claims resulting from the use of service which damages the you and any other party.
- Access to Service: To access and make use of Felware Services, customers must establish an account through our portal systems. During this account creation process, customers are obligated to provide precise and complete information, including but not limited to their First Name, Last Name, and Address. It is the customer's responsibility to promptly update this information to ensure its accuracy. Felware reserves the right to request documentation for the purpose of verifying a customer's identity and payment details as a measure to prevent fraudulent activities. Failure to provide accurate information in response to such requests may result in the cancellation of customer orders and the immediate termination of the customer's account, with no entitlement to a refund.
- Content Restrictions: Felware strictly prohibits the hosting of sites that engage in or promote illegal activities or distribute content that may harm Felware's servers, or any server or users on the Internet. This includes, but is not limited to, pirated software, hacker programs, Warez sites, and Torrent Sites / .torrent Files. Additionally, activities such as spamming and scamming are expressly forbidden. As a precautionary measure to protect our network and our clients, all SMTP traffic across port 25 is restricted. Any links to materials that fall under these prohibited categories are also not allowed. Violation of these content restrictions may result in immediate suspension or termination of service, alongside other potential legal actions.
- Server Abuse: Any attempt to undermine or cause harm to a server or customer of Felware is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Client Service Agreement outlined within, your account will be cancelled without chance of refund.
- 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 Felware must adhere to this Client Service Agreement and the Hosting Service Terms.
- Billing: By the Account Activation Date of each month, Felware shall either:
- debit the client's credit card (when such information has been provided by the client); or
- 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 Felware by no later than the specified payment due date. Felware 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 credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
- Service Fees: Certain services carry a setup fee charged by Felware to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Felware 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.
- Account Deactivations: Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
- Refunds: We do not issue refunds for partial monthly fees. To initiate a cancellation, clients must provide a 30-day notice. Following this notice, refunds are considered on a case-by-case basis, taking into account the duration and terms of the service agreement. This approach ensures fairness and alignment with the specific circumstances of each client's service engagement.
- Limitation of Liability: Felware shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Felware's equipment going offline or being unavailable for any reason whatsoever. Furthermore, Felware shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of Felware's servers. All damages shall be limited to the immediate termination of service.Violations of these policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
- Disclaimer: Felware 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 service was functioning. Moreover, Felware holds no responsibility for the use of our clients' accounts. Charge-backs or fee reversals are not allowed and will void any refund terms on the account. 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 Felware sees fit.
- By activating your account with Felware, 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: Felware 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 granted a pro-rated amount in the form of credit for the duration of excessive downtime, upon request.
- Felware 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.