Terms and Conditions
The use of services from Fred's Used Websites, a business of Useful Media Planet, LLC [hereafter referred to as "Fred's Used Websites"] constitutes agreement to these terms.
We will setup a business account for you whenever we agree to provide services to you. It is your responsibility to provide us with an email address, mailing address and telephone number that we can use for billing purposes. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
All websites and services provided by Fred's Used Websites may only be used for lawful purposes. The laws of the State of Colorado, the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Fred's Used Websites from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable content on websites hosted by Fred's Used Websites include: Pirated Software, sale of any controlled substance without prior proof of appropriate permit(s), lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Fred's Used Websites services, including all related equipment, networks and network devices are provided only for authorized customer use. Fred's Used Websites systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Fred's Used Websites system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our websites (or otherwise disabled), with or without notice.
Failure to respond to email from us about abuse within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via phone or email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account by you are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Our service provider has a Zero Tolerance Spam Policy as outlined in the box on the right.
Fred's Used Websites reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Fred's Used Websites reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Fred's Used Websites.
You agree to supply appropriate payment for the services received from Fred's Used Websites, in advance of the time period during which such services are provided. You agree that until and unless you notify Fred's Used Websites of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done by contacting us by phone or e-mail. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of Fred's Used Websites, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Fred's Used Websites provides a 10 day grace period from the time the invoice is due and when it must be paid. We reserve the right to charge a late fee and/or suspend your account for any invoice that is overdue for 30 days and not paid.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us
Fred's Used Websites reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of the service is at your sole risk. As a convenience for you Fred's Used Websites performs nightly backups of your editable content in the database but makes no guarantees about this. Fred's Used Websites is not responsible for uploaded files and/or other data you upload to your website. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Fred's Used Websites servers.
Cancellations and Refunds
Fred's Used Websites reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff or partners in any medium or format will result in the suspension or termination of your services.
Customers may cancel their hosting at any time by contacting us. Fred's Used Websites. Upon receipt of your cancellation request, Fred's Used Websites will terminate your hosting account within 2 business days and refund pre-paid hosting on a pro-rated basis.
Fred's Used Websites reserves the right to make refunds either by check or by refunding your PayPal or credit card at our discression.
There are no refunds on design fees, administrative fees, install fees for custom software, or domain name purchases. Refund requests for pre-paid hosting will be refunded on a prorated basis of any unused time.
Violations of the Terms of Service will waive the refund policy.
Fred's Used Websites is required by our service provider to abide by their resource usage terms. These terms are outlined in the box on the right. Resources are not only disk space and bandwidth but also the amount of CPU resources required and the actual number of files (referred to as inodes on right).
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall email address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit.
Fred's Used Websites normally configure each client account with the catchall address disabled, however even a single email address that is ignored can rapidly be filled with thousands of messages if that account is being targeted by SPAM and you are not regularly checking it.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Fred's Used Websites does not guarantee your site's uptime. Our service provider assures a 99.9% uptime of the server itself. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with justification. All requests must be made in writing via email.
We reserve the right to change prices listed on fredsusedwebsites.com, and the right to increase the amount of resources given to hosting plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Fred's Used Websites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Fred's Used Websites, its agents, its customers, officers and partners, 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 Fred's Used Websites against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fred's Used Websites; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Fred's Used Websites's server.
By using any Fred's Used Websites services, you agree to submit to binding arbitration. If any disputes or claims arise against Fred's Used Websites or its subsidiaries, such disputes will be handled by an arbitrator of Fred's Used Websites's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Colorado. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Fred's Used Websites shall not be responsible for any damages your business may suffer. Fred's Used Websites makes no warranties of any kind, expressed or implied for services we provide. Fred's Used Websites disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Fred's Used Websites and its partners.
Disclosure to law enforcement
Fred's Used Websites may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the Terms and Conditions
Fred's Used Websites reserves the right to revise its policies at any time without notice.