In this Service Agreement (“Terms and Conditions”), “you” and “your” refer to each customer (“Customer”) and its agents, including each person listed in your account information as being associated with your account, and “we”, “us”, and “our” refer collectively to Falconics. This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) you purchase from us. By purchasing or otherwise applying for Falconics service(s), you agree to be bound by all terms stated herein and establish an account with us for provision such services. This agreement (“Terms and Conditions”), in addition to any other specific agreement(s) made between Falconics and the customer (“you”), represents the complete understanding and agreement between Falconics and Customer. Except when expressly agreed to the contrary in writing by Falconics, these Terms and Conditions supersede any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This agreement establishes your rights and obligations when using any of our services.
Falconics may change or discontinue any provision of these Terms and Conditions at any time, including, without limitation, services, pricing, equipment, and products. Any such change or discontinuance will legally bind Customer from the time Falconics publishes notice of the change or discontinuance on the Falconics Site, via email or letter in the mail. It is Customer’s sole responsibility to ensure that he/she stays up to date with the most current version of the Falconics Terms and Conditions of service. The latest applicable version is available online at www.falconics.com/terms
2. SERVICE AND EQUIPMENT USAGE.
Falconics services and equipment may not be used for any unlawful purposes. You (“Customer”) may not publish any racist, defamatory, illegal, abusive, terrorist, obscene, infringing, or threatening content on any of our servers. In addition, you (“Customer”) may not publish any content in violation of any US or Foreign Law. You (“Customer”) are solely responsible legally for all material posted on your website. Leased dedicated servers are the sole responsibility of the customer and Falconics cannot be held liable for any issues arising from the use or inability to use a leased dedicated server. We (“Falconics”) are not obligated to monitor Customer’s site content, this may be performed randomly, and any violations will be noted and customer notified. Depending on the severity your account may be suspended or revoked without refund. By accepting these terms you hereby acknowledge that if Falconics is made aware of content that is deemed to be: unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Falconics has the right to notify customer and suspend or otherwise revoke customer account. Falconics may disclose any content or records concerning customer’s account as required to satisfy any legal requirement, regulation, government request or court order.
Pornography and sex-related merchandising are expressly prohibited on Falconics servers. This includes implying sexual content, display of nudity, or any link to adult content. This is also true for sites that promote illegal activity of any type or content that may be damaging to Falconics servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services otherwise referred to as spamming are not allowed. Non-acceptable content or links include but are not necessarily limited to:
Adult Content Sites — Any pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software Sites (Warez) — Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
Copyright Violations — Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
Hacking/Phreaking — includes sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers.
The designation of any materials as described above is left entirely to the discretion of Falconics.
3. SYSTEM & NETWORK RESOURCES.
Resources are defined as utilization of bandwidth usage, server processor usage, server memory usage, and file storage. Falconics offers services in a shared system environment. Individual websites may not consume excessive resources at any time as this can affect other users on the shared system. Excessive resource use is defined as, but not limited to, use of more than 15% of a system resource for longer than 60 seconds. If a customer account is found to be using excessive resources on a shared system, or causes a system to operate in a non-optimal manner, the customer will be contacted to resolve the problem. If Falconics is unable to contact a customer regarding a resources related issue, we may, at our discretion, suspend or cancel the customer account. Falconics provides a service to host web sites and web pages. All images and files in a website directory must be linked to from web pages on the customer’s website. Web space is not to be used as an image, sound, or file library, repository, or any other backup or storage solution. Images, sound, and video files may not be linked to from outside sources or websites.
4. FEES, PAYMENT, REFUNDS AND TERM.
As consideration for the services you have selected, you agree to pay Falconics the applicable service fees as quoted or advertised on the Falconics website. All fees payable hereunder are non-refundable except those fees covered by Falconics’ “30 Day Money Back Guarantee” if explicitly stated on your invoice or web design agreement. We require 50% deposit for all web design projects and the balance due on or before the launch of the website also referred to as “Going Live”. As further consideration for the Services, you agree to:(1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information. You hereby grant us the right to disclose to third parties as needed to maintain your services such Account Information. By submitting to this Agreement, you represent that the statements you have made in our application are true and you will not use our Services for any unlawful purpose.
All Bank Disputes and Credit Card Charge Backs result in the complete cancellation of your account. Credit Card Charge Backs result in the forfeiture of all Falconics services AND the purchasers Domain Name. All accounts over 30 days in default will be automatically canceled without refund and forwarded to a collections agency and you will be legally liable to pay all fees associated with collections, the amount you owe, interest, including any accrued late fees, bounced check fees/other bank fees or interest on the balance. All deactivated, canceled or suspended accounts are subject to a $50 reactivation fee. All hosting accounts over 60 days past due will be automatically deleted from our servers. Falconics shall not be held liable for any data loss due to delinquent accounts. It is the sole responsibility of the client to migrate or move or back up website content. All web design project payments over 30 days past due are subject to $100 late fee per month up to an amount not exceeding $500. Web design projects in default will be automatically be removed until all payments including late fees are paid in full. All accounts in default over 90 days will be forwarded to a collection agency. Recurring hosting charges will be automatically billed monthly. Domains are registered annually and cannot be refunded but may be transferred to another ISP.
SERVICE SPECIFIC TERMS
· Web Design — We require 50% deposit and the balance is due before the site launches also referred to as “Going Live”. All scheduled payments must be paid strictly on the due dates, failure to which may lead to project suspension or cancellation without refund. All projects are allotted a time frame which cannot be exceeded by over 7 days unless project requirements change in the course of the design. You “the client” must provide all the material for the website within the allotted time to prevent delays in completing the project. You will be liable in the event of any delays caused by you.
All web design material and code with the exception of data or material (images, media, data feeds) provided by the client is considered property of Falconics until all payments have been made by the client. We “Falconics” reserve the right to copyright or limit the use of or distribution of custom software developed by Falconics which may be deemed as our Intellectual Property.
All third-party software implemented on behalf of the client is copyright of the owners and Falconics does not provide any warranty on security, stability or use.
· Site Manager — “Falconics Site manager” is copyright property of Falconics. It is provided as a hosted solution and may not be transferred or hosted on any server other than our own. All websites developed using the site manager may be exported as HTML for purposes of transfer to another ISP and is the sole responsibility of the client to save content and pages to be transferred.
· Web Hosting — See paragraphs 2 and 3
· Search Engine Marketing — Also referred to as SEO or SEM is an Internet Marketing service offered by Falconics to help boost traffic and rank of a website. Falconics does not have control over whether any search engines will or will not index your website. We do however guarantee improved traffic and search engine recognition within the period of service. Website traffic is determined by combined online and on the ground marketing strategies. Our search engine optimization methodology follows the strict stipulation set by the various search engines. We do not follow procedures that may cause your website to be black listed by search engines such as but not limited to “Link farming”. We do not offer any warranty or guarantee that traffic to your website traffic will be consistent nor that your website will appear in the top results with any keywords.
· Website Maintenance — All website maintenance requests must be submitted in clear and concise manner via fax or email. Website changes also referred to as “Change Requests” are processed in the order received. Depending on our current work load, changes may be started within 24–72 hrs and time spent will be based entirely on the task requirements on the clients to-do list.
5. SYSTEM SECURITY.
Customers may not use the Falconics Network to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Falconics will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security will be held accountable for any criminal or civil liability.
7. CANCELLATION 0F SERVICE.
Cancellation of any service must be done via email or via fax signed by the account holder. Falconics cannot accept cancellation requests in any other way. Transferring your domain to another provider does not constitute canceling your account with Falconics. Dedicated and VPS server cancellation requests must be submitted 10 days prior to your next billing cycle, otherwise a cancellation fee of $200 or a maximum of your monthly service fee may apply. You must notify Falconics as detailed above to formally cancel your account with Falconics to avoid further charges. Domain Name Registration CANNOT be canceled. As the purchaser of the Domain Name you are the Domain Name owner until the term of the Domain Names registration has expired. Falconics reserves the right to cancel service for any reason without prior notice.
8. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, accidental, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, accidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.
Customer agrees that it will protect, indemnify, save and hold Falconics, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against Falconics, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Falconics, harmless against liabilities arising out of;
1. Any injury to person or property caused by any products sold or distributed in association with Falconics Services;
2. Any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright violation and any defective products sold to a customer from Falconics’s Services.
Falconics, will not be responsible for any damages your business may suffer. Falconics makes no warranties of any kind, expressed or implied for services we provide. Falconics, disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Falconics, and its employees. Falconics, reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation or legal action. Falconics furthermore expects that its customers who resells our internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate this policy. Finally, Falconics wishes to emphasize that in accepting services, customers indemnify Falconics for the violation of any law or Falconics policy that results in loss to Falconics or the bringing of any claim against Falconics. If Falconics is sued because of activities of a customer that violate any law, or this policy, the customer will pay any damages awarded against Falconics, plus costs and reasonable attorneys’ fees. All Customer of Falconics must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.