Terms of Service   v. 2.8, Updated October 6, 2009
Fb-WebHost Ltd primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.
In pursuit of our primary objective, Fb-WebHost Ltd agrees to deliver the agreed upon services, as declared in the "New Account" confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of Fb-WebHost Ltd service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Fb-WebHost Ltd TOS. Fb-WebHost Ltd reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TOS regularly.
I.    100% Money-Back Guarantees
A.    30-Day Money Back Guarantee
B.    Any-Time Money Back Guarantee
C.    Notice for Customers Making Payment with Alipay
D.    Refunds for Domain Registrations
E.    Renewal Pricing Schedule for Shared Hosting Accounts
F.    Trial Hosting on Fb-WebHost Ltd
II.    99.9% Uptime Guarantee
III.    Use of Website
A.    Prohibition of Adult Content
B.    Prohibition of Offensive Behavior
C.    Age Requirements on Purchases
D.    Intellectual Property Provisions
IV.    "Fair-Use" Resource Assignment
V.    SPAM and Unsolicited Commercial Email (UCE)
VI.    Prohibited Scripts and Applications
VII.    Payment
VIII.    Failure to Pay
IX.    Account Cancellation
X.    Subscriber Acknowledgement
XI.    Change of Nameservers
XII.    Support Boundaries
XIII.    Network
A.    IP Address Ownership
B.    Data Transfer and Disk Usage
C.    System and Network Security
XIV.    Notification of Violation
XV.    Suspension of Service or Cancellation
XVI.    Miscellaneous Provisions
XVII.    Disclosure to Law Enforcement
XVIII.    Indemnification
XIX.    Severability
XX.    Applicable Law
XXI.    Data Integrity
XXII.    Non-Existing User Pages
XXIII.    Web Design Services
A.    Ordering and Planning Process
B.    Revision Process
C.    Approval Process
D.    Refund Policy
E.    Ownership and Copyright
XXIV.    Fb-WebHost Ltd - SiteDude Services
A.    Ordering Process
B.    Required Information
C.    The Transfer Process
D.    Non-disclosure of Confidential Information
E.    Refund Policy
F.    Limited Liability
XXV.    Fb-WebHost Ltd - Additional Services



I. 100% Money-Back Guarantees

http://www.fb-webhost.com.

http://www.fb-webhost.com.

A. IP Address Ownership
If Fb-WebHost Ltd assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Fb-WebHost Ltd and the subscriber shall have no right to use that IP address except as permitted by Fb-WebHost Ltd. Fb-WebHost Ltd shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Fb-WebHost Ltd. Fb-WebHost Ltd reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
B. Data Transfer and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer ("Agreed Usage"). Fb-WebHost Ltd will monitor subscriber's bandwidth and disk usage. Fb-WebHost Ltd shall have the right to take corrective action if subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Fb-WebHost Ltd sole and absolute discretion, at any time deemed necessary by Fb-WebHost Ltd. If Fb-WebHost Ltd takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any case, subscriber will be warned of approaching or exceeded resource limits via email by Fb-WebHost Ltd automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Fb-WebHost Ltd network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Fb-WebHost Ltd will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
1.    Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2.    Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3.    Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4.    Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5.    Taking any action in order to obtain services to which subscriber is not entitled.

XIV. Notification of Violation
Subscribers or any network users are prohibited from violating or attempting to violate the security of Fb-WebHost Ltd network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Fb-WebHost Ltd will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
1.    First violation: Any Subscriber, which Fb-WebHost Ltd determines to have violated any element of this TOS shall receive an email warning them of the violation. Subscriber's service is subject to a temporary suspension at Fb-WebHost Ltd discretion pending a subscriber's agreement in writing to refrain from any further violations.
2.    Second violation: Subscribers, whom Fb-WebHost Ltd determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: Fb-WebHost Ltd reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact the subscriber. Fb-WebHost Ltd will contact the subscriber as soon as it is feasible.

XV. Suspension of Service or Cancellation
Fb-WebHost Ltd reserves the right to suspend network access to any subscriber if in the judgment of Fb-WebHost Ltd, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Fb-WebHost Ltd deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent cancellation of the account without refund of any fee. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times. Upon the third violation of the terms of service no backups will be provided.

XVI. Miscellaneous Provisions
Subscriber must provide Fb-WebHost Ltd real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
1.    Fb-WebHost Ltd takes no responsibility for any material placed on its network by others. Fb-WebHost Ltd is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Fb-WebHost Ltd disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
2.    Fb-WebHost Ltd subscribers are not permitted to run IRC servers.
3.    Furthermore, Fb-WebHost Ltd reserves the right to, but is not obligated to, review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.

XVII. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Fb-WebHost Ltd may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.

XVIII. Indemnification
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XIX. Severability
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XX. Applicable Law
This TOS is subject to the governing laws of the State of Ohio. Courts of competent jurisdiction in Columbus, Ohio shall hear and decide any disputes.

XXI. Data Integrity
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Fb-WebHost Ltd servers).
Fb-WebHost Ltd is NOT RESPONSIBLE for any lost files, information or data.
Fb-WebHost Ltd makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although Fb-WebHost Ltd backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. Fb-WebHost Ltd does not guarantee to possess the most current copy of a subscriber's website in its own backups.

XXII. Non-Existing User Pages
Fb-WebHost Ltd reserves the right to supply content-enriched pages, including but not limited to search engines, advertisements, directory links, etc., for non-existent user pages that are served by Fb-WebHost Ltd to requesting sources. These pages include error pages (i.e. 404 Not Found), new account place-holder pages, unused domains and suspended user sites.
All users of Fb-WebHost Ltd services have the option of creating their own error pages and content pages. Unless created by the user, such pages will default to the Fb-WebHost Ltd provided content.

XXIII. Web Design Services

A. Ordering and Planning Process
Immediately after the completion of the ordering process 100% payment is required before the commencement of the project. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website. The customer's quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Fb-WebHost Ltd as defined further below.
B. Revision Process
Each package comes with a certain number of total revisions. As soon as Fb-WebHost Ltd provides a design and project update the customer must respond within three business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.
C. Approval Process
During the project development process Fb-WebHost Ltd provides regular design and project updates. While Fb-WebHost Ltd performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website's final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.
D. Refund Policy
For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment Fb-WebHost Ltd may decide to consider the project inactive and not proceed with its implementation.
If an order is cancelled within 14 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances Fb-WebHost Ltd reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.
Fb-WebHost Ltd is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.
E. Ownership and Copyright
Upon final payment and approval of the completed website design project, our client becomes the owner of the website. He is free to take his site to another developer or host with another company. Please note that all the content on the customer's website is the sole responsibility of its respective owner. Fb-WebHost Ltd is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The customer agrees that Fb-WebHost Ltd may use the created website in its portfolio to showcase completed work to prospective customers and for its own marketing purposes such as, but not limited to, newsletters.

XXIV. Fb-WebHost Ltd - SiteDude Services

A. Ordering Process
Any Fb-WebHost Ltd customer who wishes to utilize the SiteDude Transfer Service must fill-out the appropriate order forms for the service, providing all information requested.
Payment is required before commencement of the moving process. Charges for all orders will be done by Fb-WebHost Ltd.
Fb-WebHost Ltd reserves the right to refuse any request for transfer service or to cancel the request if the project is deemed more complex than originally agreed to.
After completion of the ordering process, an Fb-WebHost Ltd SiteDude Representative will contact the customer within one business day to gather all the necessary information to start the moving process.
Orders will be considered inactive and will be deleted if the customer fails to give all the requested information within 30 days of order placement.
B. Required Information
The customer is responsible in providing all information necessary to complete the move (i.e. passwords, script lists, database information, etc.). Path-specific scripts or functions must be described to Fb-WebHost Ltd to ensure a proper update and transfer. Failure to provide all required information within the specified timeframes may result in a delay or cancellation of the project.
Fb-WebHost Ltd is not responsible for site functions or segments not listed or described by the customer. However, Fb-WebHost Ltd may see the oversight and make the correction automatically, but this is not guaranteed.
C. The Transfer Process
Segment by segment, we will transfer and modify site scripts, content, databases, and accounts to Fb-WebHost Ltd services. During the website transfer process, Fb-WebHost Ltd will provide regular updates and perform its own testing of the entire functionality of the website.
The end result of this service is to have the customer's web site transferred to Fb-WebHost Ltd services and working properly.
Final responsibility is with the customer to ensure and confirm that the website is working properly, tested for any deficiencies or errors, and is working as originally intended.
If the customer does not respond with any feedback and corrections within five business days (unless pre-agreed) upon the final stage of the moving process, it will be assumed that the work is accepted and the completion of the website moving process is approved. Any further changes or modifications will be solely the responsibility of the customer.
D. Non-disclosure of Confidential Information
Fb-WebHost Ltd agrees not to use any Confidential Information disclosed to it by the customer for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of, the moving process.
Confidential Information includes, but not limited to, login information, passwords, files, databases (including, but not limited to, products, services, and customers), web designs, configuration information, or financial information of the customer.
E. Refund Policy
Refunds may only be given provided that the customer's hosting account is in a financially good standing. No refund requests shall be granted otherwise.
If an order is cancelled within 5 days after making the payment and before any work has been done, we will refund 75% of the payment.
If the work has already begun, the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Fb-WebHost Ltd.
F. Limited Liability
Fb-WebHost Ltd is not liable for any damages or data loss that arise from the use of this service. Fb-WebHost Ltd is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data.
Under no circumstances shall the customer hold Fb-WebHost Ltd responsible for any loss of data or inability to properly configure complex scripts or programs. All customers should have dedicated recent data backups in the event data loss or corruption occurs.
The maximum liability of Fb-WebHost Ltd is limited to the amount paid for by the customer for the SiteDude Transfer Service and shall not exceed that amount.

XXV. Fb-WebHost Ltd - Additional Services
Fb-WebHost Ltd has partnered with third-party vendors to bring you special products and/or special deals. If you have purchased or subscribed to any of the products listed below, please visit the product's website to view their respective terms and conditions.

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