You will use the Web space allocated to you only
for lawful purposes. You will neither use the Server in any manner
which infringes any law or regulation or which infringes the rights
of any third party, nor will you authorize or permit any other
person to do so.
You shall not post, link to or transmit:
- Any material, which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
- Any material containing a virus or other hostile computer program.
- Any material which constitutes, or encourages the commission
of, a criminal offence or which infringes any patent, trade mark,
design right, copyright or any other intellectual property right
or similar rights of any person which may subsist under the laws
of any jurisdiction.
You shall keep secure any identification, password
and other confidential information relating to your account and
shall notify us immediately of any known or suspected unauthorized
use of your account or breach of security, including loss, theft
or unauthorized disclosure of your password or other security information.
You shall observe the procedures, which we may
from time to time prescribe
You shall make no use of the Server in a manner
detrimental to our other customers including the usage of excessive
resources or CPU usage.
Mails sent by you are in accordance with applicable
legislation, including data protection legislation and any international
All services provided by Frogee.com may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or
material in violation of any United States Federal, State or City law
is prohibited. This includes, but is not limited to: copyrighted material,
material we judge to be threatening or obscene, or material protected
by trade secret and other statute. The subscriber agrees to indemnify
and hold harmless Frogee.com and its employees from any claims resulting
from the use of the service which damages the subscriber or any other
User agrees not to post any type of nudity, pornographic
material, hacking/wares material, or violence/hate pages on the
websites hosted on our servers.
All information posted on websites must be of
legal nature. We will not tolerate any type of fraud, violation
of copyright laws, hacks/warez, or anything of harmful nature.
Use of Resources:
Offering free hosting in attempts to quickly strain
system resources is prohibited and any type of application/script
that creates excessive memory use or causes apache to fail will
not be tolerated. Frogee.com will decide what is "excessive" and
may remove any content deemed to be misusing resources. Large files/scripts,
chat (IRC), and illegal mp3 files are not allowed. Users must seek
permission when uploading such files or files that may seem suspicious.
We reserve the right to determine if an application is misusing
resources and may request removal of application or suspend accounts
Frogee.com reserves the right to discontinue service
to any user it feels violates any of these rules or for any reason
that it finds to be valid for discontinual of service. Websites
that are found to be violating the Terms of Service may be blocked/removed
Refunds may not be given to sites that get blocked
for violation of Terms of Service. We strive to provide high-quality
service but all customers must accept that our service is "AS
IS" with no guarantees of uptime, quality, functionality,
etc. The customer may not use our advertisements as a basis for
asking a refund or taking any legal action. Frogee.com will solely
decide when issuing a refund is appropriate or not appropriate.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to Frogee.com servers or any other server
on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Frogee.com will be the sole arbiter as to what
constitutes a violation of this provision.
All payments must be in US Dollars. If
your check is returned by the bank as unpaid for any reason,
you will be liable for a "returned check" charge of
All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
Your Billing is based on the date that you joined us. If you have a YEARLY
plan with us you will be charged same price every year on the anniversary
of you enrollment until you decide to cancel the account.
Spamming, or the sending of unsolicited e-mail including, without limitation,
commercial advertising and informational announcements, from an Frogee.com
server or using an e-mail address or domain that is maintained on an
Frogee.com machine as reference is strictly prohibited. Frogee.com will
be the sole arbiter as to what constitutes a violation of this provision.
A user shall not use another site's mail server to relay mail without
the express permission of the site. Frogee.com will be the sole arbiter
as to what constitutes a violation of these provisions.
If you are or become a reseller of our Services you will continue to
be bound by these terms and conditions, you will be responsible for ensuring
that your customers are bound by terms and conditions that adequately
reflect and give effect to these.
You shall not incur or purport to incur on our
behalf any liability nor in any way pledge or purport to pledge
our credit or to make any contract binding on us.
No default by your customers shall in any way
affect, modify or limit your obligations under this Agreement.
System And Network Security
Any attempt to undermine or cause harm to a server, or customer, of Frogee.com
is strictly prohibited.
We reserve the right to refuse, cancel, or suspend
service at our sole discretion.
Limitation Of Liability
Frogee.com shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Frogee.com
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Frogee.com shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Frogee.com servers. All damages
shall be limited to the immediate termination of service.
Violations of these Acceptable Users Policies
should be referred to firstname.lastname@example.org.
All complaints will be investigated promptly.
Failure to follow any term or condition may be grounds for immediate
Frogee.com cannot be held liable for system downtime, crashes, or data
loss. We cannot be held liable for any predicted estimate of profits
in which a client would have gained if their site was functioning. Certain
services provided by Frogee.com are resold. Thus, certain equipment,
routing, software, and programming used by Frogee.com are not directly
owned or written by Frogee.com. Frogee.com holds no responsibility for
the use of our clients accounts. If any terms or conditions are failed
to be followed, the account in question will be automatically deactivated.
We reserve the right to remove any account without advanced notice for
any reason without restitution as Frogee.com sees fit.
By activating your account with Frogee.com, you agree to the above policies
and disclaimer. Upon requesting an account activation, you are required
to accept these policies, guidelines, and disclaimer and a copy of your
acceptance is forwarded along with your activation request to be maintained
within your account information.
If you sign up for an account and do not follow
our terms, no refunds will be given.
Frogee.com retains the right to change any or
all of the above Policies, Guidelines, and Disclaimer without notification.
You agree to the following terms of agreement:
Frogee.com's services may only be used for lawful
purposes. Transmission of any material in violation of International,
Federal or State regulation is prohibited. This includes but is
not limited to: material legally judged to be threatening or obscene,
or material protected by trade secret laws. Any use of vulgar or
obscene language while contacting Frogee.com will be grounds for
immediate cancellation of hosting.
If you are found in violation of the Frogee.com's
you will forfeit all of the moneys that have been paid to Frogee.com.
Examples of content that is not acceptable on
Frogee.com vendor Servers: "Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Casino
and Gambling Related","Copyrighted Mp3's", "CGI
boards" "Forums that use excessive resources".
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide "links
to" or "how to" information about such material.
Offering Free Hosting - Offers of free hosting
of our services in any form is not allowed.
Adult Sites - WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are also not permitted on the
Spam - Spam in any shape or form is NOT permitted
and is grounds for immediate account termination.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted
on our servers in any of its many forms including, but not limited
to: bots and IRC servers. Chat rooms may be allowed on per use
basis, so please ask one of our support staff before setting one
up. (Some cgi/perl based chat rooms over utilize the server processor.)
Attempts to manipulate servers or client websites
are prohibited. This includes, but is not limited to, attempting
to gain unauthorized access to Frogee.com Networks servers, mail
bombing, or other means of deliberately overloading systems.
This includes, but is not limited to, excessive
use of CPU resources, disk space or network bandwidth, installing
IRC bots, CGI scripts sharing with domains outside of Frogee.com,
mass emails, using disproportionate amounts of system resources
for CGI Scripts or any manner of monopolization of network resources.
Frogee.com or the vendors will determine what constitutes network/system
Accounts cannot be used to distribute copyrighted
software, "cracked" versions of copyrighted software
(a.k.a. warez), serial numbers for copyrighted software or copyrighted
multimedia files. Sites that contain links to pirated software
or illegal contraband are also prohibited.
Website Content Management
Frogee.com is not responsible for website management
or files lost or damaged by users. Website construction and management
is the responsibility of the client. Client-maintained backup of
all site files is recommended and should be maintained. System
backups are intended to be used in the event of system failures
and are not intended to be accessed to restore files to individual
Log files may be deleted on a periodic basis.
Users are responsible for downloading their log files. It is recommended
that clients who wish to maintain a history of their log files
download them monthly.
You specifically agree to indemnify and hold Frogee.com
harmless from any claims resulting from a breach of these terms,
and/or use of the service, which damages another.
Web Site Hosting And Email
We make no representation and give no warranty
as to the accuracy or quality of information received by any person
via the Server and we shall have no liability for any loss or damage
to any data stored on the Server.
You shall effect and maintain adequate insurance
coverage in respect of any loss or damage to data stored on the
Any access to other networks connected to Frogee.com
must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavor to
ensure the integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorized users or hackers
and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
Intellectual Property Rights
You shall obtain any and all necessary consents
and clearances to enable you lawfully to make use of all and any
intellectual property rights through the Services, including without
limitation, clearance and/or consents in respect of your proposed
We shall use our reasonable endeavors to make
available to you at all times the Server and the Services but we
shall not, in any event, be liable for interruptions of Service
or down-time of the Server.
We shall have the right to suspend the Services
at any time and for any reason, generally without notice, but if
such suspension lasts or is to last for more than 30 days you will
be notified of the reason.
The Services provided to you hereunder and your
account with us cannot be transferred or used by anyone other than
you. No more than one login session under any one account may be
used at any time by you. If you have multiple accounts, you are
limited to one login session per system account at any time; user
programs may be run only during login sessions. If your account
is found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right
to cancel the account and terminate the Services and/or this Agreement
Without in any way limiting our (Frogee.com) rights:
If you fail to pay any sums due to us as they
fall due, we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
If you break any of these terms and conditions,
we may terminate this Agreement.
If you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to terminate this Agreement forthwith without
notice to you.
On termination of this Agreement or suspension
of the Services we will be entitled immediately to block your Web
Site and to remove all data located on it. We will be entitled
to delete all such data but we may, at our discretion, hold such
data for such period as we may decide to allow you to collect it
at your expense, subject to payment in full of any amounts withstanding
and payable to us. We shall further be entitled to post such notice
in respect of the non-availability of your Web Site as we think
We reserve the rights to terminate or refuse service
A user's failure to comply with those laws will
violate Frogee.com terms of agreement. By using our services, you
indemnify Frogee.com for any violation committed by you of the
service agreement, law, or other Frogee.com policy, that results
in loss to Frogee.com or the bringing of any claim against Frogee.com
by any third-party. This means that if Frogee.com is sued because
of a user's or customer of a user's activity, the user will pay
any damages awarded against Frogee.com , plus costs and reasonable
Limitation Of Liability
All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether
imposed by statute or operation of law or otherwise, that are not
expressly stated in these terms and conditions including, without
limitation, the implied warranty of satisfactory quality and fitness
for a particular purpose are hereby excluded, .
Nothing in these terms and conditions shall exclude
our liability death or personal injury resulting from our negligence.
Our total aggregate liability to you for any claim
in contract, tort, negligence or otherwise arising out of or in
connection with the provision of the Services shall be limited
to the charges paid by you in respect of the Services, which are
the subject of any such claim.
In any event no claim shall be brought unless
you have notified us of the claim within one year of it arising.
In no event shall we be liable to you for any
loss of business, contracts, profits or anticipated savings or
for any other indirect or consequential or economic loss whatsoever.
Any notice to be given by either party to the
other may be sent by either email, fax or recorded delivery to
the address of the other party as appearing in the ancillary digital
application forms or such other address as such party may from
time to time have communicated to the other in writing, and if
sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be deemed
to be served on receipt of an error free transmission report, or
if sent by recorded delivery shall be deemed to be served two days
following the date of posting.
Telephone support is provided which is sent to
the support team's voicemail that is played on their computers
for faster service. Live phone service may be provided in the future.
However, Support ticket help is provided round the clock. We do
not guarantee any time frame as far responding to support tickets,
however we will make every reasonable effort to respond in a timely
Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation of
These terms together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between
us in relation to such matters. No oral explanation or oral information
given by any party shall alter the interpretation of these terms
and conditions. In agreeing to these terms and conditions, you
have not relied on any representation other than those expressly
stated in these terms and conditions and you agree that you shall
have no remedy in respect of any misrepresentation, which has not
been made expressly in this Agreement.
Frogee.com uses merchant processing companies.
Your credit card statement can and normally will reflect the company
that we use. Monthly Fees are billed every 30 days and yearly billing
is done every year.
Frogee.com can provide other services such as
web development, scripting help, web design, programming help separate
from webhosting. These services will be billed separately and are
NOT included in the webhosting fee. Such services may be provided
by an affiliate individual or company.
If we were in need of resources we are allowed to put you on other providers!
Special Offers do not receive any types of refunds!
You are guaranteed the price you purchased at
as specified on our site or your winning bid price at auctions
for the next renewal period; as long as you remain a client or
a Reseller with good standing AND maintain an established subscription
for recurring payment whether monthly or yearly. In the event that,
your payment can not be processed due to lack of funds or due to
your cancellation of subscription, or for any other reason; we're
unable to guarantee you the same price in the next renewal period.
eBay auction winners
Please note: You are not allowed to resell unless
the auction specifically states that you can resell. If you're
found in violation of this, your account will be deleted without
notice. Also, you must make payment within 7 days of end of auction,
otherwise we'll leave negative feedback. Also, if you will be a
Reseller, please see the Reseller section below.
ALL CLIENTS, RESELLERS, USERS AND OR OTHER MEMBERS
MUST AGREE TO ABOVE TERMS BEFORE PURCHASING ANY OF THE PACKAGES
OFFERED BY OUR COMPANY.
WE HAVE THE RIGHT TO REVISE ANY OF THE ABOVE TERMS AT ANY TIME.
Before purchasing any packages make sure you fully
understand the above terms.