Front Range Web Services, LLC.
Fair and Acceptable Use Policy
Indemnification and Disclaimer of Responsibility
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Indemnification
By signing the Primary Service Agreement or it's equivalent, signing up for any service
via the web, in person, by email or by phone, customer indemnifies FRWS for any violation of the
Primary Service Agreement or its equivalent, law or AUP that results in loss to FRWS or
the bringing of any claim against FRWS by any third-party. This means that if FRWS is sued
because of a customer's or a customer of a customer's activity, the customer will pay any
damages awarded against FRWS, plus costs and reasonable attorney's fees.
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Disclaimer of Responsibility
FRWS shall not be held liable for any delays in performance directly or indirectly caused
by or resulting from acts of God, or any third party, telecommunications or Internet
connectivity providers, resultant Internet issues caused by any means; fire, flood, accident,
riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure,
late delivery by suppliers or other difficulties which are beyond the reasonable control of
FRWS or its providers.
FRWS is under no duty to look at each of our customer's or user's activities to determine
if a violation of the AUPs has occurred, nor do we assume any responsibility through our
AUPs to monitor or police Internet-related activities. FRWS disclaims any responsibility
for any such inappropriate use and any liability to any person or party for any other person's
or party's violation of this policy (FRWS customer or not). Network monitoring indeed
takes place as well as the use of Intrusion Detectors and other unintrusive means to monitor
the health and security of the network and our customer's equipment - this does not mean
we have the desire or the will to monitor the activities of our customers. FRWS will not
backup and/or restore data not provided for in the individual customer agreements or
contracts.
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All FRWS sub-networks, resellers and managed servers of FRWS must adhere to the
Acceptable Use Policies as posted on the FRWS website and any additional clauses
within your contract. Unmanaged hosting customers of FRWS must adhere to those
policies applicable to their contract. Failure to follow any term or condition of those policies
will be grounds for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE AUPs AND ACTUAL OR
ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL
BE CONSIDERED VIOLATIONS OF THESE AUPs BY YOU. THE USE OF YOUR
EQUIPMENT AND RESOURCES BY ANYONE TO VIOLATE THESE POLICIES
WILL BE CONSIDERED YOUR VIOLATIONS.
FRWS only warrants that it shall, subject to the terms and conditions of all agreements
and policies in force with the Customer, provide Customer the Service contracted for.
CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED “AS
AVAILABLE” AND “AS IS,” WITH ALL FAULTS ACCEPTED. FRWS MAKES
NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, RELATIVE TO THESE
POLICIES AND AGREEMENT(S) AS SIGNED, AND THE SERVICES DERIVED
THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR AGAINST INFRINGEMENT. FRWS DOES NOT WARRANT
THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE FROM VIRUSES/TROJANS OR OTHER HARMFUL
CONTENT AND ACTIVITY. IT IS THE CUSTOMER’S SOLE RESPONSIBILITY
TO SECURE THEIR SERVERS AND CONTENTS OF THEIR SERVERS, AND
HOME BASED PC's AND OTHER COMPUTER EQUIPMENT AGAINST
HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION
OF CREDIT CARD AND/OR OTHER PERSONAL INFORMATION BELONGING
TO CUSTOMER’S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY
BE HARMFUL OR POTENTIALLY OR ACTUALLY OFFENSIVE CONTENT ON
YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE
INTERNET. UNLESS SPECIFICALLY CONTRACTED FOR FROM FRWS, IT
IS THE CUSTOMER'S RESPONSIBILITY TO SECURE THEIR SYSTEMS,
MONITOR FOR ACTIVITY, SECURE THEIR PRODUCTS AND/OR SERVICES,
AT THE CUSTOMER'S OWN EXPENSE, IN SUCH A MANNER TO ALLOW YOU
TO MEET YOUR SECURITY OBLIGATIONS.
Posted Policy date: March 1, 2002
(Reviewed and revised March 3, 2003)
(Reviewed and revised July 1, 2003)
(Reviewed and revised January 10, 2006)
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Information requests concerning these policies should be sent to
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Back to the Usage Policy Page
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