Terms of Service

These Terms of Service (this “Agreement”) is between Fresh Roasted Hosting, a web hosting company formed under the laws of the Commonwealth of Pennsylvania (“FRH”), and the individual or entity who orders service from FRH (“Customer”). This Agreement governs Customer’s use of all services provided by FRH.

This agreement may be found at http://freshroastedhosting.com/tos

The Acceptable Use Policy may be found at http://freshroastedhosting.com/aup

The Domain Registrant Agreement may be found at http://freshroastedhosting.com/dra

1 – Services
2 – Provisioning
3 – Term
4 – Payments, Fees, and Tax
5 – Refunds
6 – Suspension and Termination
7 – Right of Refusal
8 – Promotions
9 – Affiliate Program
10 – Customer Information
11 – Changes to Infrastructure
12 – Permissible Use of Service
13 – Backups
14 – Service Level Agreement (SLA)
15 – Management Services
16 – Account Migrations
17 – IP Addresses
18 – Co-Location
19 – Domain Names
20 – Notices
21 – Miscellaneous
22 – Force Majeure
23 – Disputes and Governing Law
24 – Indemnification
25 – Disclaimer of Warranties
26 – Limitation of Damages

 

1 – Services

Customer agrees to abide by the terms and limitations set forth in their plan description, this Agreement, and the Acceptable Use Policy (“AUP”). Customer agrees to abide by the Domain Registrant Agreement (“DRA”) if Customer purchases, transfers, renews, sells, or receives any domain name or domain-related service, including all domain names or domain-related services included as part of a promotion.

Subject to the terms of this Agreement, the AUP, the DRA if applicable, and contingent on Customer’s satisfaction of FRH’s payment processing, fraud check(s), and invoicing, FRH agrees to provide the services described in the Order for the fees stated in the Order.

The use of all web hosting services is subject to the terms of this Agreement and the AUP. The use of all domain management services is subject to the terms of the DRA. If Customer is a commercial or non-profit entity, these terms apply to all of Customer’s employees, agents, and customers who have access to Customer’s account or who make use of Customer’s reseller account. If Customer is an individual, these terms apply to all persons who have access to Customer’s account or who make use of Customer’s reseller account. In either case, a violation of these terms by anyone accessing or using Customer’s account shall be considered a violation by Customer.

Customers exceeding the limitations set forth in their plan description will be notified by FRH and given three (3) calendar days to either upgrade to the next higher rate plan or, in the case of excessive disk or CPU usage, reduce their excessive disk or CPU usage. FRH reserves the right to take immediate action to protect its network or Services by deleting files, terminating applications, deleting databases, optimizing services, suspending accounts, or taking any other steps FRH deems necessary.

Customer shall submit all support requests through the FRH help desk at https://freshroastedhosting.com/support. FRH shall not be obligated to honor any support requests submitted by any other means.

2 – Provisioning

Subject to the conditions described in this section, FRH agrees to make every reasonable effort to provide Customer with the services described on the Order within the timeframe described in this section:

  • Shared hosting, reseller accounts, and virtual private servers (VPSes) are normally provisioned instantly, but may take up to 24 hours if an account is selected for review;
  • Dedicated Servers are normally provisioned within 24 hours, but may take up to 72 hours depending on server availability and configuration details;
  • Control panel software is normally installed within four (4) hours, but may take up to 24 hours;
  • All other products and services, including but not limited to domain name registrations and transfers, SSL certificates, IP addresses, and colocation services, have varying provisioning times and are exempt from this section.

Customer agrees that the timeframes described above are reasonable and acceptable. The provisioning time begins at the instant in which which FRH receives payment for the Order and ends at the instant in which FRH notifies Customer that the Order has been fulfilled.

Customer agrees that if FRH is unable to fulfill the Order within the timeframe(s) described above, Customer’s sole remedy is a refund of all monies paid by Customer to FRH for said services.

3 – Term

The initial service term of the Agreement shall begin on the date that FRH generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

UPON EXPIRATION OF THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS OF THE SAME LENGTH AS THE INITIAL TERM (EACH A “RENEWAL TERM”) UNLESS TERMINATED BY FRH OR CUSTOMER AS OUTLINED IN THIS AGREEMENT.

4 – Payments, Fees, and Tax

A – Payment

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall correspond with the Term indicated on the Order, beginning on the Service Commencement Date. FRH requires payment in advance before beginning service. Customer authorizes FRH to bill subsequent fees to the credit/debit card and/or PayPal account on or after the date indicated on each generated invoice. Invoices are generated at least ten (10) calendar days before their due date, and the fees shall be due on the day indicated on the invoice.

Payments must be made in United States dollars through the payment link provided by FRH. No other forms or methods of payment are accepted. All payments physically sent to FRH will be destroyed upon receipt and will not be applied to Customer’s account.

B – Disputes and Chargebacks

Fees not disputed within 30 calendar days of due date are conclusively deemed accurate.

Customer shall make every reasonable effort to resolve any billing disputes with FRH directly by contacting billing@freshroastedhosting.com, or by writing to Fresh Roasted Hosting, PO Box 62323, Harrisburg PA 17106.  FRH shall promptly and thoroughly investigate all disputes initiated by Customer, and shall provide Customer with results of said dispute.

Customer agrees to pay FRH a $100 administrative fee for each chargeback or payment dispute that Customer initiates against FRH that is decided in FRH’s favor. FRH reserves the right to suspend or terminate Customer’s service(s) without notice and without liability to Customer if Customer initiates a chargeback or dispute against FRH, regardless of the outcome of the chargeback or dispute.

C – Late Payments

Invoices that are not paid on or before the invoice due date shall be considered “overdue”. Overdue invoices may subject all of Customer’s services, including services which are otherwise paid in full, to immediate suspension or termination without further notice. Upon suspension or termination, FRH may permanently delete all data associated with all of Customer’s services. Customer agrees to pay FRH’s reasonable costs of collection of overdue amounts, including collection agency fees, chargeback or dispute processing fees, attorney fees, and court costs.

Invoices that remain unpaid five (5) or more calendar days after the invoice due date may be subject to a 10% late fee. This late fee is in addition to the total amount on the invoice, and both must be paid in full before service will be restored.

Invoices that remain unpaid five (5) or more calendar days after the invoice due date may subject all of Customer’s services, including services which are otherwise paid in full, to immediate suspension or termination without further notice.

Domain names that remain unpaid 16 calendar days after the domain renewal date shall enter a redemption period of 30 days. During this 30-day period, an administrative fee in the amount of $99.99 shall be assessed for any request for renewal, transfer, or purchase of the domain. Upon the conclusion of this 30-day period Customer forfeits all ownership to the domain and FRH shall, in its sole discretion, either release the domain for sale on the open market or purchase the domain for internal use.

Co-location services that remain unpaid five (5) or more calendar days after the invoice due date shall be null routed and powered down. FRH shall first make reasonable efforts to gently shut down the system by pressing the power button for one (1) second. FRH shall then disconnect power to the server after five (5) minutes, even if the server is not safely shut down.

D – Taxes

At FRH’s request Customer shall remit to FRH all sales, use, VAT, or similar tax imposed on the provision of the services (but not in the nature of an income tax on FRH), regardless of whether FRH fails to collect the tax at the time the related services are provided. FRH reserves the right to collect sales tax as required by state laws based on the state provided in Customer’s profile.

E – Fee Changes

FRH may increase or decrease its fees for services at any time. FRH shall provide at least 30 calendar days notice to Customer of any fee changes which impact Customer. Notice shall be given in accordance with section 20 (Notices). Fee changes are effective 30 calendar days after notice to Customer, or the first day of any Renewal Term that begins subsequent to the amendment, whichever comes later.

5 – Refunds

There are no refunds for fees or costs relating to server management, control panels, co-location, or additional IP addresses under any circumstances.

SSL certificates may be refunded within five (5) calendar days of the order date.

Newly-registered domain names may be refunded within four (4) calendar days of the order date.  There are no refunds for domain name transfers unless the transfer could not be successfully transferred to FRH.

Except as described in section 2 (Provisioning), there are no refunds for Virtual Private Servers (VPSes) or dedicated servers under any circumstances. Such fees and costs are exempt from the FRH 15-Day Guarantee.

If Customer voluntarily cancels the Agreement within 15 (fifteen) calendar days of the Service Commencement Date, FRH shall provide a full refund of all hosting fees paid by Customer for all services except those outlined above, pursuant to the conditions below. Customer shall pay to FRH the full retail cost, as published by FRH at the time of Customer’s request for cancellation, of any domain name(s) or SSL certificate(s) that were received by Customer for “free” as part of a promotion. If Customer is entitled to a refund, such cost shall be deducted from said refund.

FRH shall not issue a refund if:

  • Customer’s cancellation request is received more than 15 calendar days after Customer’s Service Commencement Date;
  • Customer’s account has any unpaid or overdue invoice, or Customer owes any money to FRH, even if said invoice or money is for a product unred to the service(s) being cancelled by Customer;
  • Customer’s account has been suspended or terminated by FRH for violation of this agreement or of FRH’s Acceptable Use Policy;
  • Customer’s account has been suspended or terminated by FRH for unresolved abuse complaints or for abusive behavior;
  • Customer’s account has inaccurate or incomplete contact information;
  • Customer has received a refund from FRH at any time in the past 24 months;
  • The payment processor has notified FRH that it believes that Customer’s transaction was fraudulent; or
  • FRH believes, in its sole discretion, that Customer’s account was created or used fraudulently.

Upon receiving Customer’s cancellation request, FRH shall either issue a refund or provide Customer with an explanation for why Customer is not eligible for a refund within five (5) business days. Refunds may take an additional one (1) to five (5) business days after issuance to be processed by FRH’s payment processor and Customer’s financial institution.

6 – Suspension and Termination

Customer agrees that FRH may suspend or terminate services to Customer without notice and without liability at any time for any reason. Customer agrees that FRH may elect to, but shall not be required to, furnish a reason for suspension or termination. Upon termination for any reason and by any party, Customer shall forfeit all referral credits earned through the FRH affiliate program.

Customer agrees that FRH reserves the right to immediately suspend or terminate service without notice if Customer informs FRH that Customer is considering or pursuing legal action against FRH, or if FRH discovers that Customer is considering or pursuing legal action against FRH.

Upon suspension for any reason, FRH reserves the right to immediately and permanently delete all data associated with Customer’s service or services without further notice.

Customer agrees that in order to cancel service, Customer must submit a cancellation request at least:

  • 24 hours prior to the start of the renewal term of any shared hosting service, reseller service, Virtual Private Server (VPS), control panel, or management service;
  • 72 hours prior to the start of the renewal term of any domain name or SSL certificate; or
  • ten (10) calendar days prior to the start of the renewal term of any dedicated server or co-location service.

Customer agrees that if Customer’s cancellation request is not submitted to FRH within the timeframe described above, Customer’s service will renew for another term.

FRH does not issue refunds for service under any circumstances other than those set forth in Section 2 (Provisioning), Section 5 (Refunds), and Section 14 (Service Level Agreement / SLA). Upon termination of service, Customer may incur additional cost pursuant to any promotion offers accepted by Customer as outlined in Section 8 (Promotions).

To cancel service, Customer shall utilize the “Request Cancellation” link located under “Management Actions” for the appropriate service. Upon receipt of such request, FRH shall cancel Customer’s service(s) on either the date on which the request was submitted or the conclusion of the current term, as indicated by the customer at the time of cancellation.

THE CANCELLATION OF SERVICE OR THIS AGREEMENT WITH FRH WILL NOT AUTOMATICALLY CANCEL ANY SUBSCRIPTIONS THAT CUSTOMER HAS CONFIGURED THROUGH PAYPAL. CUSTOMER AGREES THAT THESE PAYMENTS WILL CONTINUE INDEFINITELY UNTIL CUSTOMER CANCELS PAYMENT DIRECTLY WITH PAYPAL. CUSTOMER AGREES THAT THE CANCELLATION OF ANY SUBSCRIPTIONS THROUGH PAYPAL SHALL CONSTITUTE NEITHER TERMINATION OF FRH SERVICE NOR TERMINATION OF THE AGREEMENT.

7 – Right of Refusal

FRH reserves the right to refuse service to any customer or potential customer at any time. FRH may elect to, but shall not be required to, provide a reason for refusal of service.

8 – Promotions

FRH may, from time to time and at its sole discretion, present promotional offerings to new and/or existing customers. Not all promotions offered to new customers are applicable to existing customers, and not all promotions offered to existing customers are applicable to new customers. FRH reserves the right to stop offering promotions at any time without notice. Customers are limited to one promotion per order, unless explicitly specified otherwise in the promotional offer.

Customer agrees that if Customer receives a free domain name and/or SSL certificate as part of a promotion and Customer’s service is cancelled for any reason within 90 calendar days of the Service Commencement Date, regardless of whether cancellation is initiated by Customer or FRH, Customer shall be liable to FRH for the full retail cost of the domain name and/or SSL certificate as published by FRH on the date of the cancellation. Said cost shall be deducted from any refunds due.

9 – Affiliate Program

Customer may, but shall not be required to, enroll in the FRH Affiliate Program (the “Program”). Customers not enrolled in the Program are not eligible for referral credit. Upon Customer’s enrollment in the FRH affiliate program, FRH shall provide Customer with one or more affiliate links. Customer may promote said links at Customer’s discretion in accordance with the restrictions set forth in this section.

Customer shall not spam others with Customer’s affiliate links, nor shall Customer publish Customer’s affiliate links in any place where said affiliate links are not permitted.

Referral credit is calculated using the base hosting service only. Additional charges, including but not limited to server management, control panels, additional IP addresses, domain-related costs, and SSL certificates, do not earn referral credits. All promotional discounts that reduce the referred customer’s cost of hosting services shall also reduce any earned referral credit by the same amount.

Referral credit is non-refundable and non-transferable. Referral credit may only be applied towards FRH invoices. All referral credit is placed into a “pending” status for 60 calendar days beginning with the referred customer’s Service Commencement Date. If either the referred customer’s service or Customer’s service is canceled or suspended within this 60-day period, Customer shall forfeit any referral credit earned for the referred customer.

Customer agrees that earned referral credits are not automatically applied towards invoices. Customer may only apply earned referral credits to Customer’s invoice by way of the “request withdrawal” function in Customer’s client area at https://freshroastedhosting.com/support.

Upon enrollment in the FRH affiliate program, and contingent upon satisfaction of the below requirements, Customer shall receive one referral credit per referred customer as described in the “Affiliates” section of Customer’s client area at https://freshroastedhosting.com/support provided that:

  • the referred customer has never had service with FRH;
  • the referred customer arrived at FRH’s website and ordered service within 60 calendar days of clicking on Customer’s referral link;
  • the referred customer has not clicked on any other FRH affiliate links after clicking on Customer’s referral link;
  • FRH does not believe that the referred customer’s account is fraudulent;
  • the referred customer has maintained all hosting service(s) referenced on the initial invoice in good standing without any suspension, termination, or unpaid invoice for 60 calendar days beginning at the referred customer’s Service Commencement Date;
  • Customer’s account has remained in good standing without any suspension, termination, or unpaid invoice for 60 days beginning at the referred customer’s Service Commencement Date; and
  • FRH does not believe that Customer has spammed referral links.

FRH reserves the right to terminate Customer’s affiliate membership for violation of any section of the Agreement or of the FRH Acceptable Use Policy. Upon termination of Customer’s service or of Customer’s membership in the FRH affiliate program, Customer shall forfeit all referral credit otherwise due to Customer.

10 – Customer Information

Customer represents and warrants to FRH that the information Customer has provided and will provide to FRH for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to FRH that Customer is a legal adult in Customer’s country. FRH may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

Customer agrees that FRH may, without notice to Customer:

  • report to the appropriate authorities any content or conduct by Customer or any of Customer’s customers or end users that FRH reasonably and in good faith believes violates applicable law or poses a substantial risk to public safety or the safety of any person or group;
  • provide any information that it has about Customer or any of Customer’s customers or end users in response to a formal or informal request from a law enforcement agency, regulatory agency, or court of law; and
  • provide any information that it has about Customer or any of Customer’s customers or end users or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Customer agrees to waive any and all applicable rights regarding the release of such information as described above.

11 – Changes to Infrastructure

Upgrades and other changes in FRH’s infrastructure, including, but not limited to changes in its software, hardware, network, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. FRH reserves the right to change its network in its commercially reasonable discretion, and FRH shall not be liable for any resulting harm to Customer.

FRH shall attempt to inform Customer at least seven (7) calendar days in advance of any network changes that FRH, in its sole discretion, determines to be likely to create an outage of Customer’s site. Customer agrees that FRH may occasionally provide a shorter notice due to changes by FRH’s upstream providers.

FRH reserves the right to make immediate changes without notice to Customer in the event that FRH, in its sole discretion, deems the changes to be time-critical such that the lack of such changes would bring harm to FRH or its customers.

12 – Permissible Use of Service

Customer agrees to use the service in compliance with applicable law and the Acceptable Use Policy (“AUP”). Customer represents and warrants that Customer is aware of all laws applicable to Customer’s use of the service.

The AUP may be found at http://freshroastedhosting.com/aup

Customer agrees that FRH may amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of FRH’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.

Customer agrees to cooperate with FRH’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between FRH and Customer regarding the interpretation of the AUP, FRH’s commercially reasonable interpretation of the AUP shall govern.

13 – Backups

A – Disclaimer

ALL BACKUPS OFFERED BY FRH ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY INCLUDING IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUCH BACKUPS MAY BE SUSPENDED, TERMINATED, DELETED, OR CORRUPTED AT ANY TIME WITHOUT NOTICE TO CUSTOMER. CUSTOMER AGREES TO CONSIDER ALL BACKUPS AND BACKUP SERVICES PROVIDED BY FRH TO BE “UNRELIABLE”.

Customer agrees that Customer shall not depend on said attempts and backups.

Customer agrees to maintain a current copy of all of Customer’s content hosted by FRH. FRH shall not be liable for loss of Customer’s content for any reason, including but not limited to negligence on the part of FRH or Customer.

B – Backup Attempts

If Customer is on a shared hosting package or reseller account, FRH shall attempt to make backups on a daily basis and retain a minimum of thirty (30) backups. Customer may restore these backups at any time by opening a support ticket.

If Customer is on a VPS, FRH shall attempt to make backups weekly between Friday noon and Monday noon EST / EDT, and retain at least one (1) but no more than three (3) of these backups. Customer may restore these backups by opening a support ticket.

FRH does not make backups of dedicated servers or co-location equipment.

If any of Customer’s services are suspended for any reason, including but not limited to violation of the Agreement or AUP, FRH shall not provide customer with a copy of any backups in FRH’s possession.

14 – Service Level Agreement (SLA)

A – General

FRH shall make every commercially reasonable attempt to provide Customer with as few service interruptions as possible. In the event that FRH is unable to provide an uptime of at least 99.99% of any given calendar month, FRH shall credit Customer in accordance with the terms and exceptions described in this section.

This SLA is not a guarantee or assurance of uptime or reliability.

Uptime is determined by FRH’s monitoring only. The FRH “99.99% Uptime SLA” represents a “best effort” to provide an uptime of at least 99.99% in any given calendar month. This SLA is not a guarantee or assurance of any uptime or reliability.

B – Claim Procedure

Customer must request SLA credit within five (5) calendar days of any eligible outage by submitting a ticket through FRH’s help desk at https://freshroastedhosting.com/support. FRH will not automatically issue SLA credits. All SLA credits not claimed within five (5) calendar days of the associated eligible outage shall be deemed forfeited.

If Customer is eligible for a SLA credit, the amount of the credit shall be determined as follows:

  • Shared hosting plans and reseller plans shall be eligible for a credit equal to the amount paid by Customer for one month of service. If Customer is not on a monthly term, the amount of this credit shall be determined by dividing Customer’s payment by the number of months in the Term.
  • VPSes and dedicated servers shall be eligible for a credit equal to the amount paid by Customer for one day of service. If Customer is not on a monthly term, the amount of this credit shall be determined by dividing Customer’s payment by the number of days in the Term.
  • Co-location services shall be eligible for a credit equal to the amount paid by Customer for one day of service. If Customer is not on a monthly term, the amount of this credit shall be determined by dividing Customer’s payment by the number of days in the Term.

C – Exemptions

The SLA does not apply if the outage or interruption is caused by:

  • Customer’s Internet Service Provider (ISP);
  • Customer’s equipment;
  • Misconfigured, malfunctioning, or defective software used and provided by Customer;
  • Misconfigured, malfunctioning, or defective hardware used and provided by Customer;
  • Planned maintenance to FRH or its infrastructure, when Customer received a notice of at least seven (7) calendar days and the outage or interruption does not exceed the scope described in said notice;
  • Suspension or termination of Customer’s service by FRH; or
  • Natural disaster, war, riot, insurrection, epidemic, vandalism, insolvency or bankruptcy of any of FRH’s vendors or affiliates, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Customers with unpaid invoices at the time of the reported outage, or whose accounts are suspended or terminated at the time of the reported outage, are not eligible for credits.

15 – Management Services

A – Disclaimer

CUSTOMER AGREES THAT ALL MANAGEMENT AND SUPPORT SERVICES OFFERED THROUGH FRH ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT IMPLIED OR EXPRESS WARRANTY OF ANY KIND.

CUSTOMER AGREES THAT ALL MANAGEMENT AND SUPPORT SERVICES CARRY A RISK OF DAMAGE TO CUSTOMER’S EQUIPMENT, SERVER, APPLICATION(S), AND DATA.

CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES SHALL FRH, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE HELD RESPONSIBLE FOR ANY DAMAGE ARISING FROM CUSTOMER’S USE OF SAID SERVICES.

Customer agrees that all management and support services consist of a “best effort” attempt to fulfill Customer’s request within the limitations of this document, FRH’s technical ability, and common industry practices. FRH reserves the right to refuse to perform any management tasks requested by Customer.

B – General

The management and support services provided by FRH are reactive. FRH shall not take proactive management steps unless FRH believes that such steps are necessary to protect the stability, performance, or security of FRH’s infrastructure or other Customers.

FRH does not provide application management or application-specific support. FRH does not provide data recovery services.

FRH reserves the right to refuse to perform tasks which FRH reasonably believes may bring harm to FRH or its customers or reputation.

16 – Migrations

All attempts by FRH to migrate Customer’s data to or from any other web host or ISP are provided on a “best effort” basis.  All such attempts are provided “as is” without any warranty including implied warranty of merchantability or fitness for a particular purpose.

Upon receiving notice of any completed migration, Customer agrees to verify within 72 hours that all data was moved successfully.

17 – IP Addresses

A – General

FRH agrees to provide customer with the number of IP addresses described in the product or service’s description, subject to the conditions in this section. FRH makes additional IPv4 and IPv6 addresses available for a fee, subject to the conditions described in this section. FRH may take up to ten (10) business days to provision Customer’s request for additional IPv4 addresses.

B – IPv4 Conservation

Customer and FRH agree that a shortage of IPv4 addresses exists and that all parties must take every reasonable effort to conserve the remaining IPv4 address pool. Customer agrees that FRH may reclaim IPv4 addresses assigned to Customer with a minimum of 30 calendar days notice to Customer. If FRH reclaims any IPv4 address assigned to Customer without said notice, Customer’s sole remedy shall be a refund in the amount paid for said IPv4 assignment for one month.

Customer is required to fully utilize at least 80% of Customer’s assigned IPv4 addresses before any additional IPv4 addresses will be made available to Customer.

Customer is required to provide detailed justification for each requested IPv4 address. Customer agrees that FRH shall only provide IPv4 addresses to Customer when required by technical limitations. Customer agrees that FRH is the sole arbiter of what constitutes acceptable justification, and that FRH may reject or refuse Customer’s request for additional IP addresses for any reason. Customer agrees that FRH may elect to, but shall not be required to, disclose FRH’s reason for refusal of IPv4 assignment.

C – Termination and Revision

Customer agrees that if any of Customer’s products or services (including products and services other than those associated with Customer’s assigned IP addresses) are suspended or terminated for any reason, Customer’s IP assignment(s) may be changed or terminated.

Customer agrees that FRH may terminate Customer’s assigned IP addresses if FRH in its sole opinion believes Customer’s use of said IP addresses violates the FRH Terms of Service, Acceptable Use Policy, or if appropriate, Domain Registrant Agreement.

FRH reserves the right to change any IP address assigned to Customer with a minimum of 30 calendar days notice to Customer. If FRH changes any IPv4 address assigned to Customer without said notice, Customer’s sole remedy shall be a refund in the amount paid for said IPv4 assignment for one month.

18 – Co-Location

A – General

FRH offers co-location space out of the Netrepid facility in Harrisburg, Pennsylvania. FRH does not own, operate, or maintain the facility or any equipment on the premises except for servers and networking equipment used exclusively by FRH and its customers.

FRH reserves the right to refuse co-location of any equipment which FRH in its sole opinion believes may be unsafe, be unsuitable for installation, be damaged, or pose a risk to FRH, its infrastructure, its reputation, or the equipment of other customers.

Customer agrees that during the normal course of installation and removal by FRH, Customer’s equipment may suffer cosmetic damage. Examples of such damage include but are not limited to scratches, nicks, minor dents, stripped threads, and other damage which does not substantially impair the function of the server. Customer agrees to hold harmless FRH from any and all claims arising from said installation and removal, and to waive all claims arising from such damage.

B – Shipping and Transportation

Customer agrees to ship Customer’s equipment to FRH using a delivery method that provides package tracking and requires a signature upon delivery. Customer agrees not to waive the signature requirement under any circumstances.

Customer agrees to be responsible for all costs associated with transporting equipment to and from FRH. This includes but is not limited to delivery, fuel, insurance, packing, shipping, surcharge, tax, toll, and transportation costs.  All packages sent to FRH with fees due upon receipt may be refused and may be returned at Customer’s expense.

Upon conclusion of Customer’s co-location service, Customer may choose to either pick up Customer’s equipment in person or have Customer’s equipment shipped to Customer. In either case, all costs associated with Customer’s option shall be Customer’s sole responsibility.

All packing material sent to FRH will be discarded upon receipt. Upon return of Customer’s equipment, new packing material will be purchased and billed to customer.

C – Conclusion of Term

BOTH CUSTOMER AND FRH AGREE THAT UNDER NO CIRCUMSTANCES SHALL FRH BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE RETURN OF CUSTOMER’S EQUIPMENT.

Customer agrees to prepay all return shipping costs, including packaging, shipping, insurance, and delivery costs, to FRH within ten (10) calendar days of the conclusion of Customer’s co-location service, regardless of whether such conclusion is voluntary or involuntary. Customer may waive this requirement by electing to pick up Customer’s equipment in person at the facility, provided that:

  • FRH approves of and can accommodate the in-person pickup;
  • Customer agrees that all costs associated with the in-person pickup, including but not limited to fuel, hotel, tax, toll, and transportation, are Customer’s sole liability;
  • FRH and Customer can mutually agree on a pickup time on any non-holiday between the hours of 9am and 9pm Eastern time; and
  • Customer provides FRH with at least five (5) calendar days notice.

Customer agrees that any equipment that remains in FRH’s possession for more than ten (10) calendar days after the conclusion of Customer’s co-location service shall be subject to a storage fee in the amount of $5.00 per day. This fee shall not be incurred for any delays caused by FRH. Customer agrees to pay this storage fee in full within ten (10) calendar days of picking up Customer’s equipment.

Customer agrees that if Customer’s equipment remains in FRH’s possession for more than 60 calendar days after the conclusion of Customer’s co-location service, said equipment shall be deemed “abandoned” and shall become the property of FRH.

D – Requirements

All equipment delivered to FRH for co-location must:

  • be installed in a standard 19″ rackmount enclosure;
  • draw air in from the front and exhaust to the back;
  • use a single or dual power supply that exhausts to the back;
  • include both a standard three-prong AC power cable and a Cat 5e or better Ethernet cable, each between one (1) and three (3) feet in length;
  • include a standard set of two (2) four-post sliding rails and brackets compatible with M6 rack screws; and
  • include all necessary installation hardware including M6 screws and post slugs.

If the enclosure is less than twelve (12) inches in depth, the rails may be omitted and replaced with front-mount post brackets.

If the enclosure is a standard tower case, Customer agrees to provide a four-post rack shelf capable of supporting at least 75 pounds or the actual weight of the server plus ten pounds, whichever is greater.

Customer agrees to clearly label all ports that require connection. Customer agrees to provide FRH with comprehensive instructions regarding the installation of Customer’s equipment.

Customer agrees that any cable that is deemed by FRH to be defective, unsafe, or inadequate will be replaced by FRH at Customer’s expense at the rate of $5 per cable, regardless of the type of cable used. FRH agrees that any replaced cables shall become Customer’s property.

Customer agrees to maintain sufficient insurance to protect Customer’s equipment against damage or loss due to fire, theft, vandalism, acts of God, and malfunction. Customer agrees that Customer is responsible for any damage caused by Customer’s equipment to FRH, its hardware or infrastructure, or the hardware or infrastructure of the facility owner.

19 – Domain Names

A – Refunds

New domain name registrations may be refunded if the registration is cancelled within 96 hours of the order.

All other domain-related charges paid to FRH are non-refundable. This includes without limitation charges relating to the transfer, administration, cancellation, renewal, or surrender of any domain.

B – Disclaimer

FRH makes no representation that any given domain name is available, is capable of being registered by Customer, will be registered in Customer’s name, or can be transferred to or from FRH. Customer shall not assume that the registration and/or transfer of any domain name has been successful until Customer receives confirmation from the domain registrar that such registration and/or transfer has been successfully completed.

FRH shall have no liability in respect to the use by Customer of any domain name. Any dispute between Customer and any other party must be resolved between the parties concerned in such dispute. If any such dispute arises, FRH shall be entitled, at FRH’s discretion and without giving reason, to withhold, suspend, or cancel the domain name. FRH shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

C – Transfer and Renewal

FRH shall not release any domain to another provider unless full payment for that domain has been received by FRH. FRH reserves the right to withhold, suspend, cancel, monetize, redirect, or resell any domain for which Customer has not paid FRH, or for which Customer’s payment to FRH was deemed canceled, refunded, or fraudulent.

Domain names not renewed on or before the domain’s expiration date shall enter a renewal grace period of 16 calendar days. During the renewal grace period the domain may be renewed at the advertised rate with no additional fees.

Domain names not renewed by the end of the renewal grace period shall, at the sole discretion of FRH, either become the property of FRH or enter a 30-day redemption period. During this redemption period, an administrative fee in the amount of $99.99 shall be assessed for any request for renewal, transfer, or purchase of the domain. This administrative fee is in addition to any costs associated with registration, transfer, or renewal, and is separate from any hosting costs. Upon the conclusion of this 30-day redemption period Customer forfeits all ownership to the domain and FRH shall, in its sole discretion, either release the domain for sale on the open market or purchase the domain for internal use.

D – Compliance

Customer shall ensure that Registrar has current and valid contact information for Customer. The registration and use of any domain name is subject to the terms and conditions of use applied by the relevant naming authority and the domain registrar. These terms are presented separately from the Agreement. Customer represents and warrants to FRH that Customer is aware of and agrees to adhere to and be bound by said terms and conditions of use.

Domains purchased, transferred, or sold through FRH are additionally subject to the Domain Registrant Agreement (“DRA”). The DRA may be found at http://freshroastedhosting.com/dra

20 – Notices

Notices to FRH under the Agreement shall be given via electronic mail to admin@freshroastedhosting.com. Notices to FRH shall be deemed received on the day on which said message is received by the email account.

Notices to Customer under the Agreement shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the business day following the date on which the message was sent by FRH. Customer may change his, her or its notice address by a notice given in accordance with this Section.

21 – Miscellaneous

A – Ownership

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Customer acknowledges that it has no power or authority to bind FRH on any agreement, and that Customer will not represent to any person or entity that it has such power or authority.

B – Transfer and Amendment

FRH reserves the right to transfer or assign its interests in this Agreement in whole or in part.

FRH’s approval for any transfer requests initiated by Customer is contingent on the assignee meeting FRH’s fraud prevention and payment criteria and the assignee fulfilling any outstanding financial obligations between Customer and FRH.

FRH may amend this Agreement at any time. FRH shall provide at least 30 calendar days notice to Customer of any changes to this Agreement. Notice shall be given in accordance with section 20 (Notices). Changes to this Agreement are effective 30 calendar days after notice to Customer.

Except as otherwise explicitly stated in this Agreement, the terms on Customer’s purchase order or other business forms are not binding on FRH unless they are expressly incorporated into a formal written agreement signed by both parties. Customer may not transfer the Agreement without FRH’s prior written consent.

C – Enforcement

A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.

D – Survival

The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement.

E – Entire Agreement

This Agreement together with the Order, AUP, and if applicable, the DRA, constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.

22 – Force Majeure

FRH shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond FRH’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, vandalism, insolvency or bankruptcy of any of FRH’s vendors or affiliates, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

23 – Disputes and Governing Law

The Agreement shall be governed by the laws of Dauphin County in the Commonwealth of Pennsylvania, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE DISTRICT, STATE, AND FEDERAL COURTS IN DAUPHIN COUNTY, PENNSYLVANIA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.

24 – Indemnification

Customer agrees to defend, indemnify and hold harmless FRH, its vendors and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees).

25 – Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. FRH DOES NOT OFFER ANY GUARANTEED SERVICE OR FEATURES.

FRH’S “UPTIME SLA” DESCRIBES AN EFFORT TO PROVIDE A STATED LEVEL OF SERVICE, BUT IS NOT A GUARANTEE OF SERVICE.

FRH DOES NOT WARRANT OR REPRESENT THAT THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW FRH DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

FRH DOES NOT OFFER ANY SERVICES OR PRODUCTS THAT ARE HIPAA COMPLIANT.

FRH’S SERVICES AND PRODUCTS ARE NOT SUITABLE FOR USE IN APPLICATIONS OR ENVIRONMENTS RELATING TO LIFE SUPPORT, PUBLIC SAFETY, LAW ENFORCEMENT, MILITARY, TOP SECRET, INTELLIGENCE / COUNTERINTELLIGENCE, NATIONAL DEFENSE, OR ANY OTHER APPLICATIONS OR ENVIRONMENTS WHERE THE FAILURE OR MALFUNCTION OF FRH’S PRODUCTS OR SERVICES MAY RESULT IN DEATH, INJURY, OR HARM TO OTHERS.

26 – Limitation of Damages

FRH SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST INCOME, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF FRH AND ANY OF ITS EMPLOYEES, AGENTS, VENDORS, OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY BY FRH TO CUSTOMER NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR INTERACTIONS WITH END USERS OF CUSTOMER’S SITE OR SERVICE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, CUSTOMER HEREBY RELEASES FRH FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF AN END USER, ANY ACTION OR INACTION BY AND END USER, INCLUDING END USER’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY END USER.