Terms and Policies

The boring (but important) legal stuff.

Terms of Service

(Updated: 2/20/16)

By obtaining a service or product with Frixel Solutions LLC. (We, Us, Our, Frixel Solutions), you (Client, User) agree to all the terms listed here. The interpretation of these guidelines is at the sole discretion of Frixel Solutions.

ACCOUNT INFORMATION

It is your responsibility to ensure your account information (including all contact information) on file is current or up to date at all times. Providing false information of any kind may result in the termination of your account along with the inability to use any of our services or products now or in the future.

CLIENT DATA AND BACKUPS

You agree to take full responsibility for files transferred and maintain proper backups of all data. We back up contents of all hosting accounts offsite on a daily basis with one week retention, however we do not guarantee our backup systems and all backup services are provided on a best effort basis.

PROMOTIONS

1. Refunds are not given for services purchased using a promo code.
2. Promotion codes may be limited by the number of uses and/or have an expiry date.
3. Promotions are not guaranteed for all users and may be removed or altered by us at any time if we feel that the promotion was received in error or used for any reason other than its intended purpose.
6. Violation of any Terms of Service at any time will result in a voided entry and inability to participate in any promotions now or in the future.

WEBSITE DESIGN AND DEVELOPMENT

Any website design and development services are not refundable. Once client agrees to a service and/or signs a contract, the deposit is due. Any deposits made are not refundable. After service is compete, payment is due within 14 days or the amount agreed up in via email or contract.

SELF MANAGED SERVICES

For “self managed” or “unmanaged” servers and services, support is limited to critical issues regarding our hardware, software, network, etc.
We may assist you with other issues but such support is not guaranteed and may incur a charge for Managed Services (upon the clients approval). In the event of a charge, payment is required prior to any work being performed.
Repeated support requests for tasks that can be performed by the client in the Client Area or any provided control panel or management system may incur a fee.

UPTIME SLA GUARANTEE

99.9% Uptime SLA translates to no more than 44 minutes of downtime a month*.
Please open a ticket with our Billing department for all SLAs and guarantees to be honored for up to a 100% credit for the month towards your next billing cycle. Credit is based on calculation for the period of the outage.
*Maintenance and security patches, as well as outages caused by circumstance outside our control or “Acts of God” are not included in the SLA.

MONEY BACK GUARANTEE

Money Back Guarantee is only for the first 7 days of an active client’s first Web Hosting account account (excluding any additional fees such as domain and license add-ons) and cannot be used if a client leaves Frixel Solutions and returns at a later date without prior approval.

There is no money back guarantee on any other services including Cloud Servers, Domain Names, SSL Certificates, Email Hosting, and Website Design & Development.
Guarantee is not applicable if you have used significant amounts of resources or if you have used more than 10GB of bandwidth, you are found in violation of our Terms of Service at any time, or your IP is nullrouted for any reason. The Money Back Guarantee is at the sole discretion of Frixel Solutions.
Use of any promo code or discount when ordering your service removes your eligibility for our Money Back Guarantee, though if our service isn’t right for you we will work with you on a resolution that is fair to everybody, which might include a full or partial refund.
For security purposes we do not allow automated cancellation of services for some services. If you don’t see a Request Cancellation option in your client area for the service you no longer need or want, you must open a ticket to our billing department to submit a cancellation request. We can not provide you a refund for unused time, however for some services we can issue a prorated account credit for clients in good standing.

SUSPENSION, CANCELLATION, AND TERMINATION

Frixel Solutions may suspend or block access to any services without notice for any of the following reasons:
1. To comply with any law, regulation, court order, government request, or any order requiring immediate action.
2. To prevent interference with, damage to, or degradation of Frixel Solutions’s network or infrastructure.
3. To eliminate a hazardous condition to staff, users, or visitors.
4. Service misuse, fraudulent activity, agreement violation, or any other action that can negatively impact Frixel Solutions’s network, staff, clients, or visitors.

Accounts suspended or terminated by Frixel Solutions are not able to redeem any SLAs or guarantees, and are not eligible for refund or credit.

Accounts in good standing may cancel their accounts at any time. No advance notice is required.

We will suspend service after three (3) days overdue. We reserve the right to delete any data belonging to an inactive account anytime after seven (7) days of non-payment. Once an account is deleted, all backups associated with said account are deleted as well. We are not responsible for lost data due to unpaid overdue invoices. Remember that if you’re having a problem taking care of your invoice, we’re just a ticket or phone call away – we don’t want to suspend your service any more than you want your site to be down!

Termination of any service due a breach of our terms of service may result in termination of all other services with Frixel Solutions.

RESOURCE USAGE

You agree not to misuse or abuse the resources provided to you. We reserve the right to alter our plans and services at any time.

PAYMENTS AND REFUNDS

All payments made are non-refundable, excluding some payments within our Money Back Guarantee (see above).

You must pay the required amount owed on the date your invoice is due. On the third day of an invoice not paid by the due date, your service will be automatically suspended. On the seventh day, your service will be automatically terminated by our system. We can not recover data removed after your account is terminated. Overdue invoices will have a 10% late fee automatically applied.

PRICING AND FEES

Frixel Solutions reserves the right to alter pricing at any time.

INDEMNIFICATION

You agree that you shall defend, indemnify, save and hold Frixel Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Frixel Solutions, its agents, its clients, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. You agree to defend, indemnify and hold harmless Frixel Solutions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Frixel Solutions; (2) any material supplied by clients infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Frixel Solutions’s servers.

THIRD PARTY PRODUCTS

Any merchandise products or services available to users or members from links from this web site are provided by third parties who are not necessarily affiliated or connected with Frixel Solutions. To the fullest extent permissible by law, Frixel Solutions excludes all liability under any circumstances (including negligence) for any special or consequential damages that result from the use of, or the inability to use, the materials on this site. Applicable laws may not apply to all those who access the web site.

DISCLAIMER

Frixel Solutions will not be responsible for any damages you or your business may suffer. Frixel Solutions makes no warranties or guarantees of any kind, expressed or implied for services or products we provide. Frixel Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data, provisioning delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Frixel Solutions, its employees, or upstream providers.

This agreement will be construed and enforced in accordance with the laws of the State of Oregon.

Frixel Solutions reserves the right to take any action necessary to safeguard its staff, clients, property, and other investments.

COMMUNICATIONS

During the course of any communication with staff or other members, you must make all attempts to remain professional and respectful. Violation of this, regardless of the medium used, may result in termination of your account with no chance of refund.

ADDITIONAL TERMS

You agree to follow any guidelines, rules, requirements, or restrictions listed within our website, e-mails, or any other document or communication we provide and maintain. Also, since we apprecaite you actually taking the time to read our terms and policies, get $1 off any order with promo code “ThanksForReadingTheTermsOfService”.

CLIENT RESPONSIBILITY

Each Frixel Solutions client is responsible for all of the actions performed by their account and, by accepting service from Frixel Solutions, is agreeing to ensure that its customers, representatives, or end-users abide by this Terms of Service.

ALTERING TERMS OF SERVICE

Frixel Solutions reserves the right to alter the Terms of Service at any time without prior notice. Continuation of service or account usage after the revised Terms of Service has been available will constitute an agreement to follow the updated Terms of Service. If at any time you feel you are unable to agree to our terms, please contact us immediately.

Acceptable Use Policy

(Updated: 1/12/16)

PROHIBITED USAGE FOR ALL SERVICES

1. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited.
2. Sending or utilizing Unsolicited Bulk Email (“UBE”, “spam”) or running Unconfirmed Mailing Lists (must be “confirmed/double opt-in”).
3. Advertising or providing any product or service that is designed to violate the terms or licenses of any company.
4. Operating on behalf of or providing access to any entities listed in the Spamhaus Register of Known Spam Operations(ROKSO) database.
5. Unauthorized attempts by a user to gain access to any account or computer resource that is not their own.
6. Obtaining or attempting to obtain service by any means with intent to avoid payment.
7. Unauthorized access, alteration, destruction, or any attempt thereof, of any information or data of Frixel Solutions or end-users by any means.
8. Engage in any activities designed to harass or cause a denial-of-service to any other user regardless of network.
9. Using Frixel Solutions’s Services to interfere with the use of Frixel Solutions or any other network.
10. Containing or linking to content that Frixel Solutions considers illegal, obscene, insulting, distasteful, or that would make Frixel Solutions a target for attacks, threats, or any other form of negative action.
11. You may not run any process that Frixel Solutions deems excessive and impacts the other users on your server.
12. You may not run IRC (Internet Relay Chat) servers or clients.
13. You may not run any process that interfaces with peer-to-peer (P2P) protocols such as bit torrent, I2P, freenet, TOR, etc..
14. You may not run any public proxy or VPN services.
15. You may not run any scripts that “mine” or interface with crypto currency miners.
16. You may not run any process that utilizes “unused” CPU such as WorldCommunityGrid, [email protected], [email protected], etc…
17. You may not run any game servers (such as Minecraft).
18. You may not run CamFrog software.
19. You may not host or link to any Habbo material from our network.

REMEDIATION

If you exceed or abuse the resources provided for your service the following action may be taken, in no particular order:
1. Notifying client of AUP violation.
2. Throttling/limiting of resources.
3. An overage fee may be issued.
4. Suspension of service
5. Termination of service

Privacy Policy

(Updated: 6/20/14)

Your personal information will always remain private as long as all agreements (TOS, AUP, and this policy) remain valid. We will never sell or share your personal information with any other person or company for our benefit except where outlined below.

• We will always assist with government, law enforcement, and other legal requests.
• We utilize 3rd parties for payment processing, fraud checking and reporting, etc.

All files uploaded to our servers are subject to examination by our automated system and staff to ensure the safety and security of our staff, clients, and property, and to diagnose any problems you may be having – but let’s be serious – we have better things to do than browse through your stuff.

By ordering our services or products you agree to receive e-mails from us including, but not limited to, newsletters, announcements, specials, contests, and other information. You are unable to opt-out of announcements relating to your service or account related e-mails.

All communication between us and non-clients (those currently without an active, paid service) may be shared at our discretion.

We comply with the CAN-SPAM Act of 2003.