Terms of Service
Prohibited are sites that promote any illegal activity or present content that may be damaging to StaticFrost' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, StaticFrost WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Unlimited Features:
What do you mean by "unlimited disk space and bandwidth/data transfer"
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
No "Spam":
UCE/UBE or "Spam" originating from a server located on our network or associated with a StaticFrost server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the StaticFrost network but is sent from an e-mail address not associated with that StaticFrost account. Client shall not use their StaticFrost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. StaticFrost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Excessive Exploits
StaticFrost allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or StaticFrost.net reserves the right to terminate that clients' account and provide them with a prorated refund.
False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact StaticFrost concerning unethical, false or unlawful activities by you, StaticFrost reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files:
StaticFrost provides the tools needed to create back ups of account data. StaticFrost also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. StaticFrost does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of StaticFrost is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services 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 StaticFrost must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, StaticFrost shall either:
Full payment is required in advance before hosting service is established. StaticFrost sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that StaticFrost may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the clients responsibility to ensure that payment is made to StaticFrost prior to the renewal date and although StaticFrost sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying StaticFrost, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
Renewals:
It is the obligation of the StaticFrost customer to know when their account comes up for renewal and if their intention is to non renew their account they must sumbit a support ticket requesting to cancell their account 5 business days prior to their account's renewal date to ensure that StaticFrost billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. StaticFrost clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer's responsibility to ensure that StaticFrost has a valid email address for which we can send out renewal notices to our clients. If StaticFrost does not receive a cancellation request prior to the customer's renewal we will renew the clients' account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 10 day money back guarantee applies only to the start date of the clients' service with StaticFrost and does not apply to renewals of service.
Money back guarantee
StaticFrost offers an unconditional 10-day money back guarantee that covers cancellations of a web hosting account made during the first 10 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement.
Google AdWords Promotion
Promotional credit can be applied to an AdWords account anytime before December 15, 2010 and is valid only for new Google AdWords customers with self-managed signup accounts. Advertisers will be charged for advertising that exceeds the promotional credit. Advertisers will need to suspend their ads if they do not wish to receive additional charges beyond the free credit amount. Subject to ad approval, valid registration and acceptance of the Google AdWords Program standard terms and conditions. The promotional credit is non-transferable and may not be sold or bartered. Offer may be revoked at any time for any reason by Google Inc. One promotional credit per customer. Advertisers with self-managed signup accounts are subject to a $5 activation fee. Offer valid only for sign ups by customers with billing address and IP address in the US or Canada. Void where restricted or prohibited by law. Promotion ends 12/15/2010. the coupon is only valid for clients with a new account created under the Business Plan at StaticFrost. During the period of this giveaway the 10 day money back guarantee is not valid for the Business plan due to fraud, Aurora and Area-51 customers are still able ot receive the 10 day money back guarantee
Account Deactivations/Late Fees
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
Should you become dissatisfied with our services within the first 10 days of your account activation, StaticFrost will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after 10 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account.
Web site files are the responsibility of the StaticFrost customer and should a StaticFrosts customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the web site files and any emails from the StaticFrosts server prior to requesting that StaticFrost cancels their account. Once the cancelation request has been submitted to StaticFrost a cancelattion of the web site hosting service may occur anytime after the request is received by StaticFrost and when a cancelation request is completed the client's hosting account with StaticFrost and their web site files are permenantly removed from the StaticFrost servers. Therefore again it is the client's obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.
Refusal of Service
StaticFrost reserves the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
StaticFrost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from StaticFrost ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, StaticFrost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of StaticFrost ' servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to Abuse@StaticFrost.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
StaticFrost 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 site was functioning. Certain services provided by StaticFrost are resold. Thus, certain equipment, routing, software and programming used by StaticFrost are not directly owned or written by StaticFrost. Moreover, StaticFrost holds no responsibility for the use of our clients' accounts. 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 StaticFrost sees fit.
Account Activation
By activating your account with StaticFrost, 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
StaticFrost offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. StaticFrost will try to maintain maximum uptime. StaticFrost is not responsible for any downtime caused by the client.
StaticFrost 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.
