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TERMS AND CONDITIONS STANDARD HOSTING FRONTLINE COMMUNICATIONS CORP. This agreement represents the complete agreement and understanding between Frontline Communications Corp. ("Frontline") and the account holder ("Customer") and supersedes any other written or oral agreement. Upon notice published on-line via Frontline services, Frontline may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered. If you do not agree to these terms and conditions, please notify our Billing Department at billing@Frontline.net (888-FRONTLINE) so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. 1. Frontline makes no warranties of any kind, whether express or implied, for the service it is providing. Frontline also disclaims any warranty of merchantability or fitness for a particular purpose. Frontline will not be responsible for any damages the customer may suffer as a result of loss of, or disruption in, service. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties. Customer's sole remedy in the event of loss of services shall be a refund of a pro rata portion of its monthly service fee. 2. Services provided to the Customer by Frontline may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or state regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Frontline reserves the right remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. 3. Customer agrees to defend, hold harmless and expeditiously indemnify Frontline from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service. 4. Frontline accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy. 5. Frontline reserves the right to cancel service for any reason without prior notice. Frontline reserves the right to limit excessive use and/or abuse of system resources. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Subscriber must notify Frontline in writing to cancel service. Cancellations are required prior to the next renewal date. Cancellations must be faxed to (914) 623-8669 and must include domain name and signature. Fees for setup and Internic registrations, are not refundable. Frontline will use its best efforts to register Customer's domain name with Internic in a timely manner, but in no event shall it be liable for any damage resulting from a failure to secure the domain name requested. 6. Frontline requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Frontline cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age. 7. Customer shall ensure that its use of Frontline's network services shall not disrupt Frontline, its associated networks or equipment forming part of the systems. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast", or otherwise sent on an intrusive basis to any Frontline user or to any directly or indirectly attached network. Use of Frontline's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Frontline shall be considered a breach of this Policy and may result in cancellation of service. Customer agrees to abide by Frontline's Acceptable Use and Copyright Policies, which are located at www.frontline.net, at all times. 8. Customer warrants that any material submitted for publication on Frontline does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Frontline reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. 9. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies. 10. Any change in domain name after an account has been created, will require payment of an additional setup charge. 11. Use of these services will involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings. 12. Customer agrees to pay for services in accordance with the fees set forth in the Order Form for the Term set forth in the Order Form. Payment for existing accounts must be received five (5) business days prior to the next billing cycle (i.e., monthly, quarterly, annually) in order to insure uninterrupted access to your account. If payment is not received by Frontline within five (5) business days, Frontline reserves the right to charge you a twenty-dollar ($20.00) reactivating charge. Returned checks are subject to a charge of twenty-five dollars ($25.00). Delinquent accounts are subject to reasonable collection and legal fees as well as interest accrued at 1.5% per month, or the state legal limit, whichever is lower. Cancellation prior to the conclusion of the Term set forth in the Order Form will result in a termination charge equal to the total monthly reoccurring charges multiplied by the number of months left in the Term.
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