Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.

Customer agrees that all charges and fees associated with an account are their sole responsibility.

At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.

Violations of Forge’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Forge’s discretion, result in immediate and permanent disablement without refund.

Disputed charges (“chargebacks”) associated with any Forge account may, at Forge’s discretion, result in immediate and permanent disablement.

Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.

Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.

Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

TAXES

Forge shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Forge’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

Customer will provide Forge with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Forge. Forge shall make no effort to validate this information for content, correctness or usability.

Use of Forge’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.

The following examples are offered:

Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.

CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.

The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Forge to provide this knowledge or Customer Support outside of the defined service of Forge.

Forge will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.

Forge reserves the right to police its network to verify compliance with all agreed upon Terms.

The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

Forge reserves the right to disconnect any website or server deemed to present a security threat to Forge’s customers, servers, or network.

The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Forge is grounds for termination of all services.

Forge makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Forge also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Forge is at the Customer’s own risk, and Forge specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Forge expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

Forge specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Forge may, at its option and at any time, reject this material, including but not limited to after it has been put on Forge’s Server. Forge agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Forge. If the Customer fails to modify the material, as directed by Forge, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

TRADEMARKS & COPYRIGHTS

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

HARDWARE, EQUIPMENT & SOFTWARE

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Forge.

Forge makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Forge service.

FORGE HOSTING STIPULATIONS

Bandwidth pricing and measurement frequency is subject to change at Forge’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Forge.

Forge is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Forge, or Forge’s upstream providers.

any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.

Forge is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Forge reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Forge’s network.

AGE

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

TERMINATION

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Forge will accept termination by electronic mail. Notwithstanding the above, Forge may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Forge reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

Customer expressly agrees that use of Forge’s Server is at Customer’s sole risk. Neither Forge, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Forge’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Forge Server service, unless otherwise expressly stated in this contract.

Under no circumstances, including negligence, shall Forge, its offices, agents or any one else involved in creating, producing or distributing Forge’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Forge Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, 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 Forge’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Forge’s Server service.

Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

PROMOTIONAL CODES

By using a promotional (“promo”) code you waive the option to indicate who referred you to Forge.

You may not change/submit a promo code or referrer after you’ve finished signing up.

Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with Forge.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Forge harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Forge, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Forge against Liabilities arising out of

• any injury to person or property caused by any products sold or otherwise distributed in connection with Forge’s Server
• any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement;
• any defective product which Customer sold on Forge Server.

OTHER AGREEMENTS

Customer agrees to abide by the terms set forth in this document as well as other Forge policy documents including, but not limited to:

• Acceptable Use Policy
• Anti-Spam Policy
• Unlimited Policy

Customer also agrees to abide by all applicable Terms set forth by all Forge partners and subsidiaries.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of Forge.

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.