Terms of Service
"In everything the ends well defined are the secret of durable success."
All hosting customers must review and agree to comply with our Terms of Service (TOS) when they order a website from Grassfrog Technologies LLC. This TOS is posted on each of our customer-facing websites and also available below. Check back on this page for updates to our Terms of Service, as all customers must agree that our current TOS is binding. Customers may at any time opt out of our terms of service by canceling their accounts, however that does not relieve them of responsibility to adhere to our terms of service while they are active hosting customers.
Our clients agree to the following TOS when they place a website or service order.
By ordering a web site or programming services from Grassfrog Technologies LLC ("Grassfrog"), you as our client ("Client") agree to the following terms and conditions of service.
- Grassfrog offers web sites and marketing services on a month-to-month, quarterly or annual basis with no long term commitment or obligation.
- To cancel Client's hosting plan at any time, simply contact us. When Grassfrog receives notification that Client intends to cancel Client's hosting, we will terminate Client's billing and set Client's website to expire at the end of its current term. Please note that Grassfrog do not pro-rate unused time on our hosting plans, except in the case of annual hosting renewals when Client contacts us within 15 days of their annual renewal (in which case hosting would be prorated at the rate of $1.75 per day from the date of cancellation and a $35 administration fee will be assessed to cover banking fees).
- If a website is cancelled before it is created, an $25 administrative fee is assessed for cancellation. If a website is cancelled after it is created, Client is not eligible for any refund of setup fees.
- If at any time Client's hosting payment does not go through, we will notify Client once via e-mail with 48 hours allowed to respond and remedy with payment. During this period, Client's domain will be deactivated. If payment is not rendered in a timely manner, Client's account may be terminated.
- If Client's hosting subscription through PayPal is terminated for any reason, Client will need to resubscribe through PayPal or contact Grassfrog to set up direct billing. In either case, Client will be subject to our current hosting rates, and an administrative fee of $25 will be assessed on Client's account.
- Since PayPal notifies their users when their billing information is out of date, it is the responsibility of our PayPal users to keep their billing and contact information current on their PayPal accounts. Failure to resubscribe for website hosting may result in termination of services, and direct billing for any time used past the paid PayPal subscription dates.
- If Client's credit card payment fails multiple times on a auto-billed hosting plan, we will contact Client via e-mail to resolve the payment issue. Since our merchant bank charges us for payment failures, we pass these along to Client, either as a single administrative fee ($25) or a fee per occurrence (not to exceed $5 per failure), whichever is greater. After 4 failures, Client's billing account and services may be suspended until the billing issue is resolved.
- It is your responsibility as our client to keep your contact information up to date. If at any time we are unable to reach you regarding your website, we reserve the right to suspend or terminate your services without notice or refund.
- Unless we have registered a domain name on your behalf, is your responsibility to keep your domain contact information current with your registrar and to renew your domain name promptly (or set it to automatically renew each year). If your site goes down because you let your domain name expire, contact your registrar to get it renewed (or re-register it through LikeName.com if it has already been released to public sale). Once you have renewed your domain, your site should automatically come back up.
- Past due balances on deactivated or terminated accounts may be charged to existing billing accounts, and may be subject to collections if over 30 days past due, making them subject to both late fees and collection costs. Furthermore, sites that are under suspension or termination for past due fees may have a collections notice posted directly on the website's home page until the account is brought current.
- URLs for terminated or cancelled accounts are set to 404 or to forward to our main site address. If Client does not want their URL to forward, it is Client's responsibility to move their DNS servers to another host provider, or to remove their DNS settings.
- Domain specific e-mail accounts are provided with every account. The number of e-mail addresses provided depends upon the hosting plan. Website contact forms are set to go to your assigned domain-specific e-mail account (generally [email protected]).
- E-mail account holders are subject to standard anti-spam protocol. We take spam complaints very seriously and reserve the right to terminate Client's e-mail account at any time for spam violations. If Client's e-mail account is terminated, Client may apply for it to be reinstated or for a new e-mail to be created by .
- Clients are prohibited from posting illegal or objectionable content on their web site, including but not limited to racist or hate-based content, pornography, stolen material, or libel.
- All hosted web sites require a link back to our web site and in the case of template design or canned content, must maintain our copyright footer on them. Joint copyright notices are permitted. If Client would like to order a web site without our copyright footer, contact us for special terms and pricing.
- Some of our template designs utilize images which require a link credit back to the photographer. For this reason, credit links may not be removed from the site without permission.
- Domain registration is done on an annual basis. When Client's domain registration becomes due, we will notify Client. If Client do not renew Client's domain name, either through us or by transferring the name to Client's own registrar account, we will, at our option, either renew the name at our own cost (thus assuming ownership of the same), or let the name expire. You agree to hold us harmless for actions taken with regards to domain name registration and ownership.
- If Client request that we register a domain name for Client, Grassfrog will so, under one of our company accounts. Client domain names may be transferred to Client's own account at any time as long as Client's billing account is current and Client's domain is still active. To initiate a domain transfer, simply requesting a transfer through any domain registrar. Standard transfer fees apply.
When we receive this request from the registrar, we will confirm it with Client and then approve it with the registrar. To speed up this request, simply e-mail us at the same time Client initiate the transfer.
- Unless Client has paid Grassfrog specifically to backup Client's web site and/or database files, Client agree to take all responsibility to keep a backup of their web site images and content on their personal computer or offsite backup service. In the event of a server crash or other unforeseen issue, it is Grassfrog's responsibility to restore the web site shell with standard content, and it is Client's responsibility to restore Client's specific web site content.
- All hosting accounts come with specific storage and bandwidth limitations. Sites which exceed their bandwidth limitations are automatically put on hold until the current month plays out. You may purchase additional bandwidth by upgrading Client's hosting plan. In the event of traffic overflow, site owners will be notified and given the opportunity to upgrade their bandwidth. Use of external traffic generation software intended simply to generate artificial traffic to Client's website is prohibited and may be grounds for suspension and/or termination.
- You agree to limit our liability for any interruptions of service, whether due to technical issues or any other reason, to actual downtime in excess of 72 hours, expressed in real value at our standard hosting rates. The 72 hour limit does not apply in the case of natural disasters, acts of God or national emergencies. Furthermore, all clients agree to initiate and handle any arbitration or litigation within the jurisdiction of Campbell county, in the state of South Dakota.
- Technical support, including training, on Client's web site is available on a fee basis. To order technical support, please visit our support area. We issue support vouchers for tech support time that is ordered but not used. Support vouchers expire within 6 months or at the end of the calendar year in which they are issued (whichever comes later).
- In the event that technical support is provided without pre-payment, such support will be billed upon delivery with payment due within 48 hours. Site owners with outstanding bills for technical support provided may be subject to website suspension until the outstanding balance is paid or deducted from Client's hosting balance.
- We reserve the right to terminate Client's hosting account for any reason. Most commonly, this right would be exercised in the case of a TOS violation (e-mail abuse, posting of illegal or offensive content on Client's web site), inability to contact the domain customer, or for accounts in arrears. Accounts cancelled for TOS violations are not eligible for refunds of hosting or other fees.
- In the event that any of our terms of service change, they will be posted on this page. It is Client's responsibility to check back on this page periodically for updates to our terms and conditions of service.
- By signing up for a website, Client explicitly agree to all of the terms and conditions listed herein. If at any time Client do not agree to these terms and conditions, it is Client's responsibility to terminate Client's existing hosting plan.
Notwithstanding the foregoing limitations, in no event will the total and cumulative liability of Grassfrog Technologies LLC for damages incurred under this Agreement too any single client exceed the greater of two months' hosting or fifty dollars U.S. (US $50.00).
Last Updated: 29 Nov 2011