TERMS OF SERVICE
Terms of Service
FormoHost agrees to furnish services to the Subscriber, subject to the following terms.
All terms of this agreement are made by FormoHost and all the products adhere to each term of this agreement. The agreement may be changed from time to time at the discretion of FormoHost. Subscriber understands that change agreement by FormoHost shall not be grounds for early contract termination or non-payment.
FormoHost offers global dedicated server hosting, VPS, domain name registration and various solutions for our clients, which all follow this agreement. If customers have the cooperation needs, they must adhere to relative laws, regulations, administrative regulations and relative national policies of the Republic of China, local laws and rules of the server, any harmful information that violate laws and regulations is prohibited, such as illegal manufacture, duplication, publishing, and spread-out. Guidelines are as following:
1. Terms of payment
- All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.
- Payment regarding Payments and Fees: Credit cards that are declined for any reason are subject to a US$5.00 declination fee. Service will be interrupted on accounts that reach 3 days past due.
- Renewal by the Subscriber: Renewal prices are subject to change. Renewal of services by the Lessee indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to the Lessee’s account.
- Refund and Disputes: All payments to FormoHost are refundable for legitimate reasons. This includes the one-time setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in FormoHost’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay FormoHost an “Administrative Fee” of not less than US$50 and not more than US$150.
- Failure to Pay: The Company will temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- Automatic Payment paid by PayPal: “PayPal subscription” is one of our payment methods of which is to ensure uninterrupted service. Servers are renewed automatically by withdrawing fees from your assigned PayPal account. When you cancel our service and you have a PayPal subscription automatic payment setup, you will have to manually cancel it from your PayPal account. It should be noted that requesting to cancel your service will NOT cancel any automatic payments (subscriptions).
- Since our RMB payment is handled by a third-party platform in China, our current payment gateway for RMB cannot be refunded to the original customer payment system. Customers can choose to refund the money to their own PayPal account or account balance.
2. Usages and Management Regarding Account Cancellation
- Requests for canceling accounts may be made in writing with at least 3 days’ notice but not more than 30 days prior written a notice in the form of a ticket opened in www.formohost.com. Email is not an acceptable form of the cancellation request. Servers are canceled at midnight GMT 00:00 at which any attempt to renew the service may not be possible.
- Subscriber acknowledges: that the service provided is of such a nature that service can be interrupted for many reasons not limited to hardware and network failure and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes. In no event shall the company be liable for any special or consequential damages, loss or injury.
3. Terms of Support
- Support Boundaries: FormoHost, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise.
- Support Guidelines: FormoHost provides support related to your server or virtual site physical functioning. FormoHost does not offer tech support for application specific issues such as CGI programming, HTML or any other such issue. FormoHost does not provide technical support for YOUR customers. If you can email, we encourage you to email [email protected] for assistance. If you are able to get online and have other questions, the answers may be on our website – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
4. SPAM and Unsolicited Commercial Email (UCE)
- FormoHost takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of FormoHost may not use or permit others to use our network to transact in UCE. Customers of FormoHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
- In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make an SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam, we reserve the right to occasionally sample bulk email being sent from servers.
- IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
5. IP Address Ownership
If FormoHost assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to FormoHost, and Customer shall have no right to use that Internet Protocol address except as permitted by FormoHost in its sole discretion in connection with the Services, during the term of this Agreement. FormoHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by FormoHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. FormoHost makes no guarantee or assumptions on any terms of IP or mail connectivity to various ISPs causing in the mail or IP connectivity not reaching the destination due to the ISP blocking the IP address used.
6. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). FormoHost will monitor Customer’s bandwidth and disk usage. FormoHost shall have the right to take corrective action if Customer’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 FormoHost sole and absolute discretion. If FormoHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, FormoHost may, at its sole discretion, collect a deposit, in an amount determined by FormoHost, against customer’s credit card on file with FormoHost.
7. Suspension of Service or Cancellation
FormoHost reserves the right to suspend network access to any customer if in the judgment of the FormoHost network administrators the customer’s server is the source or target of the violation of any of the other terms of the Aup or for any other reason which FormoHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
8. System and Network Security
Users are prohibited from violating or attempting to violate the security of the FormoHost Network. Violations of system or network security may result in civil or criminal liability. will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.
9. Violation Regarding
FormoHost is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, FormoHost shall have the right to terminate all service set forth in this Agreement.
Violation acts: subscribers are not allowed to get involved in illegal acts by employing the resources and services from FormoHost, the acts include:
- Intrude national affairs, national defense construction, computer information system of sophisticated science and technology field;
- Deliberately create and spread computer viruses and other devastating procedures to attack computer system and communication network, result in the crash;
- Make, duplicate, publish and spread illegal internet publication such as “private server” or “plug-in”;
- Organize heresy activities by the internet;
- Fabricate or distort the facts, spread rumors, disturb the social order or violate others ‘legal interest by the internet;
- Build obscene and erotic websites and web pages, offer obscene website linkages, spread pornographic information, organize obscenity by the internet;
- Allure or introduce people to be a prostitute by the internet;
- Defraud by the internet;
- Gamble by the internet;
- Traffic guns, powders, drugs, prohibited goods and controlled knives by the internet;
- Traffic ID cards, counterfeit currency, fake invoice, false testimony and organize people to traffic organs by the internet;
10. Acts prohibited by other laws and regulations.
Subscribers must ensure the authenticity of provided materials, be not allowed to get involved in illegal acts that are not adhere to national relative laws, regulations, administrative regulations and local laws and rules of the server by employing the resources and services from FormoHost, setting URL, BANNER linkage are included but and not the exception.
If customers are found by FormoHost, or impeached by relative departments that get involved in the above illegal acts, we have the rights to end our service at any time and report national relative departments. Subscribers will be charged with undertaking the indemnification liability as soon as they violate FormoHost; if subscribers and their customers involved above acts, they have to bear the relative indemnification liability commonly; Relative indemnification liabilities are available to the local laws of our region.
11. Miscellaneous Provisions Regarding.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. The company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at any time without further obligation.
FormoHost takes no responsibility for any material input by others and not posted to the FormoHost. Network by FormoHost is not responsible for the content of any other websites linked to the FormoHost Network; links are provided as Internet navigation tools only. FormoHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.
12. Backups and Data Loss
Your use of the service is at your sole risk. FormoHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FormoHost servers. FormoHost does not offer any backup service unless stated explicitly for any of its product/services.