Please read our Terms of Service Agreement carefully. If, after reading the agreement, you have any questions, please contact us to answer any questions that you may have.
HostFrye believes in transparency of service & full disclosure of any & all terms of agreement. We are available to respond to any questions that you may have surrounding our Terms of Service agreement. Remember, no problem is too big or too small when we work together. Please contact us with any questions about our Terms of Service agreement & your questions will be promptly replied to.
Effective August 1, 2011
The use of services from Frye Solutions, LLC [hereafter referred to as "HostFrye"] constitutes agreement to these terms. You may view our Privacy Policy here.
1.)
Account Setup / Email on file
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is
your responsibility to ensure the email address on file is current or up to
date at all times. If you have a domain name registered with HostFrye, it is
your responsibility to ensure that the contact information for your domain
account and your actual domain name(s) is correct and up-to-date. HostFrye is
not responsible for a lapsed registration due to outdated contact information
being associated with the domain. If you need to verify or change this
information, you should contact our sales team via email. Providing false
contact information of any kind may result in the termination of your account.
In dedicated server purchases or high risk transactions, it will be necessary
to provide government issued identification and possibly a scan of the credit
card used for the purchase. If you fail to meet these requirements, the order
may be considered fraudulent in nature and be denied.
Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized
for payment on the account is designated as the authorized owner of the
account.
Transfers
Our transfers team will make every effort to help you move your site to us.
However, transfers are provided as a courtesy service, and we can not make
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured differently,
and some hosting platforms save data in an incompatible or proprietary format,
which may make it extremely difficult if not impossible to migrate some or all
account data. We will try our best, but in some cases we may be unable to
assist you in a transfer of data from an old host.
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may
be subject to IP Justification. Justification practices are subject to change
to remain in conformity with policies of American Registry for Internet Numbers
(ARIN). We reserve the right to deny any dedicated IP request based on
insufficient justification or current IP utilization.
Third Party Providers
All transactions with third party providers are solely between the visitor and
the individual provider. HostFrye is not the agent, representative, trustee or
fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
2.)
Content
All services provided by HostFrye may only be used for lawful purposes. The
laws of the State of Florida, the State of Texas, and the United States of
America apply.
The customer agrees to indemnify and hold harmless HostFrye from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@HostFrye.com with the information required. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
HostFrye services, including all related equipment, networks and network devices are provided only for authorized customer use. HostFrye systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of HostFrye system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. HostFrye may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on HostFrye.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. HostFrye.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like HostFrye.com and many of HostFrye.com's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, HostFrye.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under HostFrye.com's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at abuse@HostFrye.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero
Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists", purchased lists, and selling of
lists will be treated as spam. Any user who sends out spam will have their
account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
HostFrye reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
HostFrye reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of HostFrye.
4.)
Payment Information
You agree to supply appropriate payment for the services received from HostFrye,
in advance of the time period during which such services are provided. You
agree that until and unless you notify HostFrye of your desire to cancel any or
all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of HostFrye, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify HostFrye of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by HostFrye. HostFrye reserves the right to bill your credit card or billing information on file with us. HostFrye provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to HostFrye for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@HostFrye.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and HostFrye cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@HostFrye.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@HostFrye.com
HostFrye reserves the right to change the monthly payment amount and any other charges at anytime.
5.)
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a
week, overwrites any of our previous backups made, and only one week of backups
are kept. This service is provided to you as a courtesy. HostFrye is not
responsible for files and/or data residing on your account. You agree to take
full responsibility for files and data transferred and to maintain all appropriate
backup of files and data stored on HostFrye servers.
6.)
Cancellations and Refunds
HostFrye reserves the right to cancel, suspend, or otherwise restrict access to
the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostFrye is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time. HostFrye gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 30 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 30 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names will have the common market value subtracted for those tld's, these domains will then become HostFrye property for the duration of their registration term. Any ccTLD's domain name purchases are non-refundable. Refund requests for shared and reseller accounts after the initial 45 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal
torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed
appropriately.
10) When using PHP include functions for including a local file, include the
local file rather than the URL. Instead of include("http://yourdomain.com/include.php")
use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like
php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted
communications.
7b.)
INODES
The use of more than 250,000 inodes on any shared account may potentially
result in a warning first, and if no action is taken future suspension.
Accounts found to be exceeding the 100,000 inode limit will automatically be
removed from our backup system to avoid over-usage, however databases will
still be backed up. Every file (a webpage, image file, email, etc) on your
account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.)
Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from
our off site weekly backup with the exception of Databases continuing to be
backed up. All data will continue to be mirrored to a secondary drive which
helps protect against data loss in the event of a drive failure.
8.)
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start of
the next allocation, suspend the account until more bandwidth is purchased at
an additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next
month.
9a.) Money
back Guarantee
On dedicated servers no full refund will be honored -- the 30 day money back
guarantee does not apply. We reserve the right to refund a prorated amount or
no refund at all.
Each of HostFrye's managed shared, VPS, and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
HostFrye will not activate new orders or activate new packages for customers who have an outstanding balance with HostFrye. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by HostFrye in writing.
9b.)
Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the
99% uptime you may receive one month of credit on your account. Approval of the
credit is at the discretion of HostFrye dependent upon justification provided.
Third party monitoring service reports may not be used for justification due to
a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime from
the operating system and the Apache Web Server which may differ from the uptime
reported by other individual services. To request a credit, please contact
sales@HostFrye.com with justification. All requests must be made in writing via
email. Uptime guarantees only apply to shared / reseller solutions. Dedicated
servers are covered by a network guarantee in which the credit is prorated for
the amount of time the server is down which is not related to our uptime
guarantee.
10.)
Reseller: Client Responsibility
Resellers are responsible for supporting their clients. HostFrye does not provide
support to our Reseller's Clients. If a reseller's client contacts us, we
reserve the right to place the client account on hold until the reseller can
assume their responsibility for their client. All support requests must be made
by the reseller on their clients' behalf for security purposes. Resellers are
also responsible for all content stored or transmitted under their reseller
account and the actions of their clients'. HostFrye will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.)
Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semi-dedicated servers are not
backed up. You must maintain your own backups.
The Business plan provides a free toll-free number for your web site and business. Minutes Included Per Month: 100 -- Additional Minutes: 4.9 Cents. Included minutes are based on a calendar month. By default, you'll be able to receive calls from US callers only. You can enable calls from Canada in your control panel, but will be billed 6.9 cents per minute for all calls from Canada due to the increased costs of providing service there. This service is provided and supported by Voipo for new HostFrye clients.
*Please note: Toll-Free numbers issued must be called at least once every 30 days. Toll-free numbers with 0 calls in a 30 day period will be considered inactive and disconnected. If you cancel your hosting package with HostFrye or switch to a plan other than the business plan, your toll-free number will be disconnected unless you contact VOIPo to change to a paid service plan prior to the HostFrye cancellation.
12.)
Dedicated Servers
HostFrye reserves the right to reset the password on a dedicated server if the
password on file is not current so that we may do security audits as required
by our datacenter. It is the responsibility of the client to ensure that there
is a valid email address and current root password on file for their dedicated
server on file to prevent downtime from forced password resets. HostFrye
reserves the right to audit servers as needed and to perform administrative
actions at the request of our datacenter. Dedicated servers are NOT backed up
by us and it is the responsibility of the client to maintain backups or have a
solution for this. You may purchase an additional hard drive and maintain
backups to it as the simplest solution. Please contact sales@HostFrye.com if
you wish to obtain a secondary hard drive. It is your responsibility to
maintain backups.
13.) Price
Change
The amount you pay for hosting will never increase from the date of purchase.
We reserve the right to change prices listed on HostFrye.com, and the right to
increase the amount of resources given to plans at any time.
14.)
Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time
customers* only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have signed up using a
particular domain, you may not resign up for that domain using another coupon
at a later date. Any account found in violation of these policies will be
reviewed by our sales department and the appropriate invoices will be added to
the account. Coupon abuse will not be tolerated and may result in the
suspension or termination of the account. Coupons or discounts are only valid
towards the initial purchase, and do not affect the renewal or recurring price.
15a.)
Indemnification
Customer agrees that it shall defend, indemnify, save and hold HostFrye
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against HostFrye, its agents, its
customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by
customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless HostFrye against liabilities arising out of; (1)
any injury to person or property caused by any products sold or otherwise
distributed in connection with HostFrye; (2) any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective products sold to customers
from HostFrye's server.
15b.) Arbitration By using any HostFrye services, you agree to submit to binding arbitration. If any disputes or claims arise against HostFrye or its subsidiaries, such disputes will be handled by an arbitrator of HostFrye's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
16.)
Disclaimer
HostFrye shall not be responsible for any damages your business may suffer. HostFrye
makes no warranties of any kind, expressed or implied for services we provide. HostFrye
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries, wrong
delivery, and any and all service interruptions caused by HostFrye and its
employees.
17.)
Disclosure to law enforcement
HostFrye may disclose any subscriber information to law enforcement agencies
without further consent or notification to the subscriber upon lawful request
from such agencies. We will cooperate fully with law enforcement agencies.
18.)
Changes to the TOS
HostFrye reserves the right to revise its policies at any time without notice.