Terms and Conditions

This policy represents the Fyr'n Ice Designs Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Fyr'n Ice Designs customers agree to when they sign-up for any of the Fyr'n Ice Designs web site design packages and hosting services. Fyr'n Ice Designs reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
 

Customers using any services offered by Fyr'n Ice Designs agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their website design service and/or web hosting service with Fyr'n Ice Designs. Fyr'n Ice Designs retains the sole discretion to make judgment regarding any violation by any Fyr'n Ice Designs customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
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PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.

General Provisions
In consideration for Fyr'n Ice Designs maintaining one or more accounts (each "Account"), you, as the Fyr'n Ice Designs customer, agree to the following terms of service.

Definitions

       "We" "Us" or "Provider" or "Fyr'n Ice Designs." www.fyrnicedesigns.com.

       "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for website and internet service or is a designate of anyone who applies for website and internet service.

Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Fyr'n Ice Designs however, offers a 99.9% uptime guarantee.  This is valid for only the Fyr'n Ice Designs servers and our primary co-location internet connection. Fyr'n Ice Designs shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, Fyr'n Ice Designs is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of Fyr'n Ice Designs capability to directly correct.  Fyr'n Ice Designs clients are diverse and their web sites and the function of those web sites are diverse and Fyr'n Ice Designs cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
Fyr'n Ice Designs MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Fyr'n Ice Designs nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Fyr'n Ice Designs, even if Fyr'n Ice Designs has been advised to the possibility of such damages.
 

Limitation of Liability 
IN NO EVENT SHALL FYR'N ICE DESIGNS BE LIABLE FOR ANY INDIRECT,  INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING,  WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO  CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE FYR’N ICE DESIGNS. SERVICES (INCLUDING, BUT NOT LIMITED TO,  INOPERABILITY OF FYR'N ICE DESIGNS. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)  OR OTHERWISE, EVEN IF FYR'N ICE DESIGNS HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL FYR'N ICE DESIGNS MAXIMUM LIABILITY  EXCEED THE TOTAL AMOUNT PAID BY YOU TO FYR'N ICE DESIGNS FOR THE  SERVICES DURING THE PRIOR TWELVE (12) MONTHS.  TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FYR’N ICE DESIGNS. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY  LAW.

 
Indemnification
You agree to indemnify, defend and hold Fyr'n Ice Designs and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Fyr'n Ice Designs. servers.  Such liabilities may include, but are not limited to, those  arising from the following:

(a) with respect to your business,

(i)  infringement or misappropriation of any intellectual property  rights;

(ii) defamation, libel, slander, obscenity, pornography,  or violation of the rights of privacy or publicity; or

(iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam  policy;

(b) any damage or destruction to Fyr'n Ice Designs equipment or to any other accountholder, which damage is caused  by or otherwise results from acts or omissions by you, your representative(s) or your designees;

(c) any personal injury or  property damage arising out of your activities related to the  Services, unless such injury or property damage is caused solely  by Fyr'n Ice Designs. gross negligence or willful misconduct; and  (d) any other damage arising from your equipment or your  business.
 

CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of Ohio without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Ohio, County of Dayton. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
 

Services Provided by Fyr'n Ice Designs

Fees paid to third parties for domain name registration and/or hosting services are non-refundable.

Domain Name (URL)

Fyr'n Ice Designs offers a domain name to each customer for each hosting package and belongs to the customer, any domains we register we do so on our customers' behalf.  The domain name we offer is only available for Fyr'n Ice Designs customers in good standing and for only the primary domain name on the account, which is the domain which was used when a customer signed up with Fyr'n Ice Designs.  For our own protection against fraud we do not allow customers to change the primary domain on their account so we do ask that our customers choose their primary domains with care prior to signing up so that they are assured that they get the domain they want.

Fyr'n Ice Designs will renew the domain name (.com, .net, .org, biz, etc.) when required by the domain registry (free for first year, $10.00/yr. there after) when it comes up for expiration so long as that customer is in good standings and continuing to host through Fyr'n Ice Designs.

Because Fyr'n Ice Designs incurs a cost when we register domain names we cannot offer a refund for the domain names we have purchased for our clients. So if you purchase a hosting plan with us and we register a new domain name for you as your primary domain, and then you decide to cancel at any time, we must charge those canceled clients $24.95 for the domain we registered. The domain is owned by those clients and they are able to take the domain to wherever they like after the $24.95 charge.

**Fyr'n Ice Designs does register additional domains for our clients, the cost of which is $24.95/yr.

Website Design

Fyr'n Ice Designs is pleased to offer Website Design service to commercial, not-for-profit, and personal websites. We do not design sites for immoral or illegal activities or sites that, in our personal opinion, have questionable taste or goals. You agree that your web site and email accounts will not be used for any controversial, illegal or unethical purpose.  Acceptable use is generally limited to the legitimate interests of yourself, business or organization.  Fyr'n Ice Designs reserves the right to refuse service to any individual, business or organization at our sole discretion.  We will not design a website or set-up hosting for businesses or organizations that:

·  Contain sexually explicit materials

·  Infringe on the rights of others (hate, discrimination etc.) 

·  Attempt to register and operate a website under false pretenses 

·  Make payment with a third party or stolen credit card

·  May be attacked by rouge individuals or opposing organizations

Any of these, or similar, activities will be cause for immediate suspension of your website's operation.  You agree that any payments made prior to such a breach are nonrefundable.

You are solely responsible for the accuracy and appropriateness of the information your web pages present to the public on the Internet.  Fyr'n Ice Designs is in no way liable for the accuracy and appropriateness of information you include in your web pages or any resulting damages of any kind.

Fyr'n Ice Designs is in no way liable for damages of any kind, including loss of use or profit, as a result of your information or email being unavailable for any reason whatsoever. 
 

Hosting

Fyr'n Ice Designs will provide Internet server rental ("the Service") to its members for the express purpose of hosting Website Packages developed by Fyr'n Ice Designs to provide http Internet content to the general public. The Service allows Fyr'n Ice Designs to maintain Internet websites, receive and manage e-mail accounts and access web space via FTP to upload files for customer websites.  Fyr'n Ice Designs provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

(Do-it-yourself package)
Fyr'n Ice Designs will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Fyr'n Ice Designs members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Fyr'n Ice Designs members will use the provided services in a manner consistent with any and all applicable laws. Fyr'n Ice Designs provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Fyr’n Ice Designs can terminate client's account without notification.

 
a) Client Content: Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Fyr'n Ice Designs or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Fyr'n Ice Designs or any third party. Customers may not run IRC, bots or clients. Clients may not use Fyr’n Ice Designs servers for file storage unrelated to the client's web site, storage Space is for active web site file pages only. Fyr'n Ice Designs' customers may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at Fyr’n Ice Designs. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Fyr'n Ice Designs will be the sole and final arbiter as to what constitutes a violation of this policy. Fyr'n Ice Designs does not normally monitor the contents of clients servers, however if suspicion occurs, Fyr'n Ice Designs reserves the right to investigate and terminate the clients subscription to the service.

b) Bandwidth Usage: Fyr'n Ice Design offers a generous amount of data transfer per month.  Bandwidth is calculated on a recurring 30 days.  Sites that use over the given limit in 30 days may be suspended and depending upon the severity of the overuse and the nature of the overuse may be terminated.  Fyr'n Ice Designs reserves the right to immediately suspend any account which is suspected of overuse or any abuse of our TOS.  Fyr'n Ice Designs will take all necessary measures to try to contact customers who have been suspended or suspected of overuse or abuse of our servers.  There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account may be suspended and you may be asked to upgrade your package to accommodate your service usage. Fyr'n Ice Designs shall, in all cases of suspension or termination, attempt to contact customers by sending warning e-mail's which are sent out before your account reaches the maximum service allotment. In some cases warning emails may not be sent prior to the overuse and accounts may be suspended without a warning email or prior to any contact by a Fyr'n Ice Designs representative.

 
c) Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. Fyr'n Ice Designs offers a shared web hosting service in which environment customers may share resources with other customers, therefore it is imperative that Fyr'n Ice Designs control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an "excessive resource" user. In the event of excessive resource usage Fyr'n Ice Designs may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, Fyr’n Ice Designs may suspend that customer.s account prior to notify that customer, Fyr'n Ice Designs may also contact the .excessive usage. customer prior to taking any action if Fyr'n Ice Designs feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by Fyr'n Ice Designs is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. Fyr'n Ice Designs will be the sole and final arbiter as to what constitutes a violation of this policy.

 
d) No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a Fyr'n Ice Designs server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Fyr'n Ice Designs network but is sent from an e-mail address not associated with that Fyr'n Ice Designs account. Client shall not use their Fyr'n Ice Designs services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Fyr'n Ice Designs reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

 
e) False Information: Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Fyr’n Ice Designs concerning unethical, false or unlawful activities by you, Fyr’n Ice Designs reserve the right to suspend or terminate your service with or without notice.

f) Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

 
g) Back-Up Files: Fyr’n Ice Designs provides the tools needed to create back ups of account data for our Do-it-Yuorself clients. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Fyr’n Ice Designs does back-up websites we design and publish of our clients web site files.

 
Payment, Renewal, Cancellations
a) Payment Obligations: A deposit (payable in US funds) is required to begin all website design projects.  Full payment is required in advance before hosting service is established.  Fyr’n Ice Designs sends out invoices that are due every pay period.  You are given thirty (30) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Fyr’n Ice Designs may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Fyr’n Ice Designs prior to the renewal date and although Fyr’n Ice Designs sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Fyr’n Ice Designs, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.

 
b) Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Fyr’n Ice Designs thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

c) Cancellation & Refunds: Should you become dissatisfied with our services within the first 30 days of your account activation, Fyr’n Ice Designs will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Fyr’n Ice Designs hosting service within the 30 day money back guarantee.

99.9% Service Level Agreement " SLA"
Fyr’n Ice Designs offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Fyr’n Ice Designs will try to maintain maximum uptime. Fyr’n Ice Designs is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee
Fyr’n Ice Designs offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable.  Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $10.00/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Fyr’n Ice Designs hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to kenlhlp@gmail.com