The Terms and Conditions below are an important part of the service contract between you and FRONTLINE Multimedia Design. Once you apply for our Service, you have to agree to the Terms and Conditions or your order will not be processed.

Definitions
"Provider" or "We" refers to FRONTLINE Multimedia Design. We purchase web space from NPS Internet Solutions,LLC then resell this web space to you.

"Service" refers to the services provided by us and subscribed to by you and may include, but is not limited to, Domain Name registration and Website Hosting Services.

"Client" or "You" refers to the person or organization who uses or subscribes to FRONTLINE'S Service.

General
This Agreement sets forth the Terms and Conditions that apply to use of the Service by you. By using the Service, you agree to comply with all of the Terms and Conditions set out in this document.

We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

The Provider agrees to provide, and Client agrees to receive, access to the Web hosting services according to the following terms and conditions:

1. Client will use the Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the State of Utah and the US Federal Government and in accordance with the provider's acceptable use policy (section 13, 14 and 15 of this policy). Client authorizes Provider to charge all fees due to the submitted credit card.

2. Provider reserves the right, in its sole discretion, to deactivate the Client's Web hosting account(s) without further warning upon an indication of credit problems including delinquent payments, or if this traffic on this account causes any kind of network or server problem / disturbances.

3.THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.

4. Provider is not responsible for any damages arising from Client's use of Service or by Client's inability to use the Web hosting packages and any other services for any reason.

5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client's files residing on Provider. Client is solely responsible for independent backup of data stored on Providers server and network.

6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.

7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S). PROVIDER MAY CHARGE A $20 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.

8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.

9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client's Web hosting account(s) upon an indication of such activity without further notice. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Web hosting account(s). Provider reserves the right to charge a $20 deactivation fee, if client's violation of provider's anti-spamming policy leads to an account deactivation or suspension.

10. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the contract is signed and fulfilled shall be British Columbia, Canada.

11. Client acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e. by clicking the order button of the online order form) there are no refunds if the service contract is canceled by client before the regular expiration date / anniversary date. All server and hosting contracts are automatically renewed for another term unless a notice of cancelation has been given by either party at least one month in advance of the renewal date / anniversary date. If no correct notice of cancelation will be given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial rent is not paid, provider has the right to immediately close the account and to refuse service. Invoice - total amount are payable upon receipt. Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 2% per month (24% per annum), or such other rate as we may determine from time to time. Payment shall be made by credit card (Visa, MasterCard). Should a payment be rejected by your financial institution for any reason, you will be charged a fee of $25.00. If payment is not made for two consecutive billing cycles the provider will close the account.

12. Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the right to use the domain name even if client changes providers.

13. This attempts to list what constitutes acceptable and unacceptable use of Internet services offered by the Provider. This is not intended as a complete list, but rather a general guideline applicable in most cases. If you have any questions about an activity not covered here, please contact support@frontline-multimedia.com. In all cases, the Provider shall act as the sole judge of what is and is not acceptable.
14. Web and Other File Services - You are allowed to offer documents, images and other files to the public using server software provided by the Provider, provided that items offered are:
- Legal in your local jurisdiction
- Legal in the state of Utah
- and Within the bounds of good taste (as determined by the Provider).
In general, "good taste" precludes nudity, pornography and material promoting racial or religious hatred. Remember, the Provider acts as sole judge of what is and is not appropriate. If there is any question, please contact support.
15. Email Services: The Provider offers email services as a convenience for web hosting clients. You are allowed to send and receive personal email, and email incident to a web service you offer, for domains hosted by the Provider. For the purposes of this discussion, "personal email" refers to email that is sent "by hand," to a small number of willing recipients. "Email incident to a web service" means email that is generated in the course of serving a web page, for example, a message generated and sent because of a form submission. The sending of bulk email is not allowed, whether or not you think your message is spam. This includes, spam (unsolicited commercial email), newsletters, and any other messages sent to a large number of recipients. It also includes bulk messages sent through another ISP, which may be returned to a mailbox hosted by the Provider, or which advertises a web site hosted by the Provider. At one point we tolerated bulk email as long as it wasn't obvious spam. However, we have since learned that what constitutes spam is extremely subjective. In short, your newsletter is perceived as spam by at least some of its recipients, as evidenced by the complaints we've received over some pretty innocuous newsletters. Besides the fact that it usually annoys some of its recipients, bulk email also unfairly consumes network resources and unnecessarily delays other users' personal messages. Finally, while we consider the contents of email messages to be private and treat them as such, if someone complains to us about an email message you send, we will judge it under the legal and taste criteria given for web and file services earlier.

Updated: March15, 2002