General Terms of Service
These Terms of Service (the "Agreement") are an agreement between Fearlis.com, or Fearlis Creative Network, LLC ("Fearlis" or “FCN” or ”us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Fearlis and of the Fearlis.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
- Additional Policies and Agreements
- Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
- Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
- Client Eligibility
- By registering for or contacting us for Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Unless you are taking part in an arranged contract to have your services completely managed by FCN, Fearlis is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may reach out to your Project Manager Directly or contact use at firstname.lastname@example.org to update your contact information. Providing false contact information of any kind may result in the termination of your contract or services with FCN.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
- The Service and any data you provide to Fearlis is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
- Transfers Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Fearlis be held liable for any lost or missing data or files resulting from a transfer to or from Fearlis. You are solely responsible for backing up your data in all circumstances.
- Fearlis Content Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Fearlis Content"), are the proprietary property of Fearlis or Fearlis's licensors. Fearlis Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Fearlis Content. Any use of Fearlis Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Fearlis Content. All rights to use Fearlis Content that are not expressly granted in this Agreement are reserved by Fearlis and Fearlis's licensors.
- Client Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Fearlis that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Fearlis a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Fearlis does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- Fearlis exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Fearlis's computers, network hubs and points of presence or the Internet. Fearlis does not monitor User Content. However, you acknowledge and agree that Fearlis may, but is not obligated to, immediately take any corrective action in Fearlis's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Fearlis shall have no liability due to any corrective action that Fearlis may take.
- Third Party Products and Services
- Third Party Providers
Fearlis may offer certain third party products and services for the sites in our network. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Fearlis does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Fearlis is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
- Fearlis as Reseller or Licensor
Fearlis may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Fearlis Products"). Fearlis shall not be responsible for any changes in the Services that cause any Non-Fearlis Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Fearlis Products, either sold, licensed or provided by Fearlis to you will not be deemed a breach of Fearlis's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Fearlis Product are limited to those rights extended to you by the manufacturer of such Non-Fearlis Product. You are entitled to use any Non-Fearlis Product supplied by Fearlis only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Fearlis Product or to use it other than in connection with the Services. Unless otherwise contractually stated, you shall not resell, transfer, export or re-export any Non-Fearlis Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
- Third Party Websites and Social Networks
The Services may contain links to other websites that are not owned or controlled by Fearlis ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate. Also refer to our standard design practices, as adopted by The AIGA: TheProfessional Association for Design.