FellowSites › Terms of service

Terms of service

This Agreement sets forth the Standard Terms and Conditions that apply to the use of the FellowSites hosting service. Your use of the FellowSites hosting service indicates your agreement to be bound by these terms of service.

Terms and conditions

You agree to familiarize yourself with these terms, and abide by them if you choose to use the services to which such terms apply.

User conduct

You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

User eligibility

You represent and warrant that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and the account must be ordered by a parent or legal guardian, in their own name. You agree to supply FellowSites with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any PayPal account you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent PayPal use.

Contents of messages

You are solely responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything which would restrict or inhibit any other user from using and enjoying the internet. You further agree not to use FellowSites to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. FellowSites reserves the right to terminate your account if FellowSites becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.

Unlawful of prohibited use

As a condition of your use of the FellowSites Hosting Service you warrant to FellowSites that you will not use the FellowSites Hosting Service for any unlawful purpose. Transmission, distribution, or storage of any information, data, or material in violation of United States or state regulation or law, or common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. FellowSites reserves the right to remove any such illegal material from the FellowSites servers immediately.

Terms of payment

You agree to pay FellowSites appropriate payment for the services received from FellowSites. Payment may only be made via PayPal. You agree that until and unless you notify FellowSites of your desire to cancel any or all services received, those services will be billed on a recurring basis.

All accounts are setup and billed on an anniversary basis. Users will have thirty (30) days of due period to make payment. After thirty (30) days of due period, FellowSites may suspend your account. After sixty (60) days of due period, FellowSites may terminate or delete your account. All files within the account may be deleted on termination.

FellowSites reserves the right to change prices at any time. All payments are to be made in U.S. currency.

No receipts or invoices will be sent by regular mail.

Fees

FellowSites will not assess any fees on your account for any reason.

Website content

Full back-ups are made weekly, and back-ups of new/changed data are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. You are responsible for keeping a copy of your most current web site files as backup on a remote system. FellowSites is not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error of FellowSites, FellowSites will use reasonable efforts to recover the data at no charge to you.

User responsibilities

You may not initiate or link to sites that provide any of the following content on the FellowSites servers:

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by FellowSites, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future FellowSites policy decisions. FellowSites reserves the right to terminate any account that does not conform to these requirements.

Spam policy

FellowSites prohibits the sending of unsolicited email, commonly known as spam. Any user who sends out spam will have their account terminated without notice. FellowSites reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with this policy, at its sole discretion. FellowSites also reserves the right to make any such modifications in an emergency at our sole discretion.

Hosting service provider's rights

You agree that FellowSites has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. FellowSites reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. FellowSites also reserves the right to refuse refunds in cases where FellowSites believes abuse has taken place.

FellowSites reserves the right to monitor any and all communications through or with our facilities. You agree that FellowSites is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Sharing of account space & resale restrictions

You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account.

Refund policy

FellowSites will refund payments for the service within thirty (30) days of account activation, with the exception of setup fees and additional options charges. No refunds will be issued after thirty (30) days, whether in full or prorated. All refunds will be made via PayPal within thirty (30) days of receipt of cancellation. Accounts terminated by FellowSites for violation of the Terms of Service do not qualify for the 30-day money back guarantee.

Termination

FellowSites may terminate this agreement and your access to any or all FellowSites related services at any time, with or without cause, effective immediately. FellowSites shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by FellowSites to have violated these Terms may be barred from receiving any services from FellowSites.

You may also terminate this Agreement at any time.

Relationship of the parties

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

Disclaimer of warranties / limitation of liabilities

THE FELLOWSITES HOSTING SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FELLOWSITES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FELLOWSITES SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FELLOWSITES, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FELLOWSITES, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FELLOWSITES HOSTING SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE FELLOWSITES SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FELLOWSITES RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT FELLOWSITES IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM FELLOWSITES AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

Copyright and trademarks

All contents of the FellowSites website are proprietary to FellowSites and/or its suppliers and are protected under copyright. All rights are reserved. FellowSites reserves any rights not expressly granted herein.

Furthermore, FellowSites retains all rights to the web design provided to you through the FellowSites Hosting Services.

Unexpected or uncontrollable events

If, by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of FellowSites, FellowSites is unable to perform in whole or in part its obligations as set forth in this Agreement, then FellowSites shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make FellowSites liable to the User.

Governing law

Utah law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Utah or to any Federal Court located within the State of Utah.

Severability

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Survivability

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely: warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

Indemnification

You agree to defend, indemnify and hold harmless FellowSites against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the FellowSites service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with FellowSites.

Remedy

You agree that your sole and exclusive remedy to any issues relating to the FellowSites Hosting Service is to discontinue using the Service.

Assignment

In the event of a merger or consolidation of FellowSites, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

Entire agreement

Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

Waiver

The failure of FellowSites to enforce a provision of this Agreement shall not be construed as a waiver or limitation of FellowSites's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Modification of terms

FellowSites reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the FellowSites website. You are responsible for regularly reviewing these documents. Continued use of the FellowSites Services after any such changes shall constitute your consent to such changes. FellowSites does not and will not assume any obligation to notify you of any changes to these Terms.