Our Terms and Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-commerce and other Internet-related services provided by FELLE INDUSTRIES INCORPORATED (the “Services”). As used in this Agreement, “you” or “your” means you. By using the services provided by FELLE INDUSTRIES INCORPORATED, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the FELLE INDUSTRIES INCORPORATED web site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “FELLE INDUSTRIES INCORPORATED web site” refers to the Site located at the www.felle.industries, or any other successor Sites owned or maintained by FELLE INDUSTRIES INCORPORATED.
APPROPRIATE USE OF THE SERVICES.
FELLE INDUSTRIES INCORPORATED 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.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any FELLE INDUSTRIES INCORPORATED server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of FELLE INDUSTRIES INCORPORATED or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age, religious affiliation, sexual orientation, gender identity, handicap status, or promotes hate in any form
- violate any FELLE INDUSTRIES INCORPORATED policy posted on the FELLE INDUSTRIES INCORPORATED Site
- contain viruses or other computer programming defects which result in damage to FELLE INDUSTRIES INCORPORATED or any third party
No Spam Policy. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at FELLE INDUSTRIES INCORPORATED, or otherwise, that mention or reference any domain hosted on FELLE INDUSTRIES INCORPORATED servers or parked on FELLE INDUSTRIES INCORPORATED DNS servers. Client agrees to not knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
- False or misleading email header information
- Deceptive email subject lines
- Failure to provide an opt-out method
- Failure to identify the message as an advertisement
- Failure to include a physical postal address in an email
Disk Space. Client may occupy only the amount of disk space on the FELLE INDUSTRIES INCORPORATED Server that is allocated to the account. Client may not make any account (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means. Client understands and agrees that shared server space is for business and personal website operations purposes only and not for unrelated data storage. Client may be charged a penalty for over-utilization of disk space.
Server Resources. Client is responsible for controlling the server resources that are consumed by any files and/or use from within Client’s hosting account. If Client’s hosting account is on a shared server, and Client’s use of such resources causes an increased server load that adversely affects other hosting accounts in the same shared hosting environment, FELLE INDUSTRIES INCORPORATED reserves the right to disable the offending process, and in extreme cases, suspend the account until the cause of the excessive process is resolved. The following legitimations are in effect at all times for all accounts:
- Accounts cannot host third party sites or otherwise act as a hosting company to third party sites
- Accounts cannot host more than a total 250,000 inodes
- Accounts cannot use more than 25% of system resources for longer than 90 seconds
- Accounts cannot run excessive MySQL queries that take longer than 20 seconds
- Accounts using more than 20 GB of disk space will be removed from the offsite nightly backups due the length of time such backups incur.
Bulk Emails. Sending bulk emails from a script in a shared hosting environment puts an excessive load on the server and therefore negatively impacts all other users on the server, resulting in slower page loads and decreased resources, therefore FELLE INDUSTRIES INCORPORATED recommends that shared hosting accounts use third party services such as Constant Contact or MailChimp for bulk emails. Violation of any of the following restrictions will result in immediate and permanent disabling messaging privileges.
- FELLE INDUSTRIES INCORPORATED prohibits all bulk emailing from your web hosting email. Messages sent from your webhosting email should include but not limited to website notifications, site maintenance, or general messages from your admin panel.
- FELLE INDUSTRIES INCORPORATED requires that all bulk emailing be completed through a Third Party company such as MailChimp, Constant Contact, or an independent email service.
- FELLE INDUSTRIES INCORPORATED requires that every email address on every list has been added by the addressee, who has personally asked to be added to the list via an opt-in system.
- FELLE INDUSTRIES INCORPORATED expressly forbids the sending of email to any third party list, purchased or otherwise obtained, containing email addresses of people or organizations who have not voluntarily asked to receive email specifically from the account.
- FELLE INDUSTRIES INCORPORATED reserves the right to immediately and permanently disable bulk mailing privileges for any account who has violated the terms of the National CAN-SPAM Act.
Bandwidth. Client may utilize no more than the network bandwidth that is allocated to the account. Client may be charged a penalty for over-utilization of network bandwidth.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Back-Up Files. FELLE INDUSTRIES INCORPORATED backs up its servers on a nightly basis, however FELLE INDUSTRIES INCORPORATED does not guarantee the existence, accuracy, or regularity of its back-up services and, therefore, Client is responsible for making back-ups of files within their account in connection with its use of the Services. FELLE INDUSTRIES INCORPORATED is not responsible for any lost or damaged files regardless of the cause. On request, FELLE INDUSTRIES INCORPORATED will restore any available file(s) from its nightly backup for a fee based on the current hourly rate of $75/hour. This fee is waived for clients who have a current monthly maintenance contract with FELLE INDUSTRIES INCORPORATED.
Termination. FELLE INDUSTRIES INCORPORATED, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact us.
Use By Minors. FELLE INDUSTRIES INCORPORATED does not sell its products and services to minors under the age of 18. FELLE INDUSTRIES INCORPORATED sells such products and services to adults, who can purchase with a credit card. Minors under the age of 18 may purchase such products and services of FELLE INDUSTRIES INCORPORATED only with the involvement of a parent or guardian in the transaction.
Security. FELLE INDUSTRIES INCORPORATED takes the security of its web servers very seriously. FELLE INDUSTRIES INCORPORATED reserves the right to restrict access to our servers to any IP address that has demonstrated previous abuse attempts, or is listed in a publicly available database as having a reputation for such abuse. This may include a single IP address, a range of IP addresses, or an entire GEO-IP dataset, if necessary. FELLE INDUSTRIES INCORPORATED reserves the right to determine what constitutes abuse. FELLE INDUSTRIES INCORPORATED also reserves the right cancel any hosting account who is deemed a security threat to the server it is hosted on.
Monthly Service Fees. Each of FELLE INDUSTRIES INCORPORATED’s web hosting and site maintenance plans are billed monthly from the first day of each month to the last. If the first month’s billing cycle includes a partial month, the amount billed will be prorated based on the number of days remaining in the normal billing cycle. On or about the First (1st) of each month, FELLE INDUSTRIES INCORPORATED shall either (i) debit Client’s credit or debit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services Fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to FELLE INDUSTRIES INCORPORATED prior to the Past Due Date stated on the invoice. Certain services carry a set-up fee charged by FELLE INDUSTRIES INCORPORATED to Client that must be paid by Client in order to start use of the Service(s). If Client terminates this Agreement in accordance with Section 3 hereunder, Client shall be responsible for any outstanding fees owed to FELLE INDUSTRIES INCORPORATED and agrees to pay any and all fees incurred by Client.
Late Fees and Penalties. Any payment FELLE INDUSTRIES INCORPORATED receives on or after the Past Due Date shall be assessed a $10.00 late fee. If payment is not received by the beginning of the following month’s billing cycle FELLE INDUSTRIES INCORPORATED will suspend the account until payment is received, and will assess an additional $20.00 reinstatement fee to unsuspend the account after payment is received. FELLE INDUSTRIES INCORPORATED shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to FELLE INDUSTRIES INCORPORATED. Termination of this Agreement shall result in immediate closure of the account and deletion of all files associated with the account.
Domain Names. If Client chooses to register a domain name(s) through FELLE INDUSTRIES INCORPORATED, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. FELLE INDUSTRIES INCORPORATED does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
CANCELLATIONS AND REFUNDS
Hosting and Maintenance Contract Cancellation.
Cancellation of a hosting or maintenance account requires advance notice and must be initiated by the Client from within the Client’s online account management area. Shared hosting accounts (Personal, Business, Corporate, and E-Commerce) and Maintenance Accounts require 24 hour notice prior to the first (1st) day of the next billing cycle. Dedicated Server hosting accounts require 30 days notice prior to the first (1st) day of the next billing cycle. For all hosting and maintenance accounts the first (1st) day of each billing cycle is the first (1st) day of each month.
Because web hosting services are provided on a monthly basis, the client will be responsible for service fees already paid regardless of when the client provides notice of termination. Thus, for example, if Client provides notice to terminate prior to the end of the billing cycle, which in every case is the end of the month, the remaining balance for that month will not be pro-rated or refunded. If Client has prepaid for services six (6) or twelve (12) months in advance, the client agrees that no refunds will be issued for any unused portion of the services regardless of when the client cancels the services. Therefore, if the client’s account is cancelled at any point during the pre-paid contract term, Client will not be entitled to a pro-rated refund.
All accounts are cancelled as soon as the client submits the account cancellation request, at which time FELLE INDUSTRIES INCORPORATED will send you a zip file containing your backup file, after which, all remaining files in Client’s account will be deleted. FELLE INDUSTRIES INCORPORATED will not be held responsible for any files deleted by FELLE INDUSTRIES after you receive your backup file. The cancellation procedure is subject to change without notice. Hosting and maintenance account cancellations must be requested from within the Client’s Dashboard by logging in from our home page.
Web Design Contract Cancellation.
A non-refundable deposit amount of 50% is due at the time of the contract signing. Cancellation of any web design project by either party will result is a refund to the client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation, based on the amount of $75/hour. Web design cancellation refunds will be processed and delivered within 5 business days of the cancellation date.
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall FELLE INDUSTRIES INCORPORATED be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless FELLE INDUSTRIES INCORPORATED from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
Client will pay and indemnify and hold FELLE INDUSTRIES INCORPORATED harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
DISCLAIMER OF WARRANTY
THE SERVICES, THE FELLE INDUSTRIES INCORPORATED SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE FELLE INDUSTRIES INCORPORATED SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. FELLE INDUSTRIES INCORPORATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FELLE INDUSTRIES INCORPORATED SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT; AND (5) THERE WILL BE NO BREACHES OF SECURITY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FELLE INDUSTRIES INCORPORATED BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, BREACHES OF SECURITY OR CLIENT DATA, USE OF THE FELLE INDUSTRIES INCORPORATED SITE OR ANY FELLE INDUSTRIES INCORPORATED PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL FELLE INDUSTRIES INCORPORATED’S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by FELLE INDUSTRIES INCORPORATED. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement and FELLE INDUSTRIES INCORPORATED’s policies are subject to change by FELLE INDUSTRIES INCORPORATED without notice. Continued usage of the Services after a change to this Agreement by FELLE INDUSTRIES INCORPORATED or after a new policy is implemented and posted on the FELLE INDUSTRIES INCORPORATED Site constitutes your acceptance of such change or policy. We encourage you to regularly check the FELLE INDUSTRIES INCORPORATED Site for any changes or additions.