All customers upon signing up for Forayweb services, agree to comply with Forayweb's Terms of Service (TOS).

1. Services. ForayWeb, LLC agrees to provide the web hosting services described in the customer's Order for the fees stated in the Order. Service will be approved and activated once ForayWeb has verified that the Order is not fraudulent.

2. Term. The service term begins when ForayWeb generates an e-mail message to the customer announcing the activation of the requested service and will continue for the number of months stated in the service Order. When the Initial Term expires, this Agreement will automatically renew for the same length as the Initial Term until ForayWeb or the customer provides the other with a written notice of non-renewal. This notice must be delivered at least ten (10) days before the expiration of the current Term.

3. Payments. Fees are payable in advance on the first day of each billing cycle. The billing cycle will be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. ForayWeb may require payment for the first billing cycle before beginning service.

   Customers who have ordered multiple services with ForayWeb at different times may request that their billing be consolidated into a single payment at either monthly or yearly intervals. (Some fees, like domain registration, are not available for monthly payment).

4. Bandwidth Usage. 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 will ask you to upgrade to a different hosting package or to purchase additional bandwidth. If your bandwidth overage is extreme to the point where it is effecting the performance of the server we reserve the right to suspend the account until the cause of the overage has been addressed. Unused bandwidth in one month cannot be carried over to the next month.

   Expected bandwidth surge: Customers occasionally encounter situations where they can anticipate a sharp increase in visits and use of their sites. When this happens, ForayWeb asks that you let us know as much in advance as possible. This will let us prepare your site and have staff standing by to make sure your "big day" goes smoothly.

5. Network Maintenance. Forayweb designates time periods during which it may limit or suspend the availability of system to perform necessary maintenance and upgrades. Scheduled maintenance takes place between the hours of 3 am and 5 am Eastern Standard Time. If planned maintenance has the possibility of making the server inaccessible during the scheduled maintenance period, Forayweb will provide at least three (3) hours prior notice to customers. Forayweb reserves the right to conduct maintenance withour prior notice if the situation is urgent.

   Changes may to our system may be for performance, security or maintenance reasons. We are not responsible for any adverse affects our changes may have on your files, databases or configurations unless those elements are being managed by ForayWeb under a website maintenance plan or Premium Hosting plan (ie, certain ecommerce plans).

6. Upgrade/DownGrade Policy. You can upgrade your hosting at any time. There are no additional fees other than the pro-rated difference between plans.

   Plan downgrades are effective as of your next billing date.

7. Uptime Policy. Forayweb promises to have your account up 99.99% of the month. This excludes scheduled maintenance, reboots, customer-inflicted downtime, Force Majeure, or failures external to Forayweb's datacenters.

   To claim an uptime credit, please submit a support request via the helpdesk under the "billing" category and post your site monitor logs.

   For accurate uptime monitoring please use a recognized third party monitoring system.

8. Support
   • Forayweb offers 24/7/365 support via Support Ticket from our Help Desk (www.forayweb.com/support ).
   • Live Chat support is offered at various shifts as available. Live chat through our website is for minor issues, pre-sales and quick answers to basic questions. For more in depth issues or complete support please use the helpdesk.
   • Similarly, we don't offer formal phone support. Our phone is staffed during normal business hours (Pacific time) and we may not have a member of the technical staff available to answer questions when you call.
   • Support is only provided to the main account holder. If there will be additional staff or users requesting support for your organization, please email admin(at)forayweb.com with a list of authorized users and what permissions they have to request support for...such as password change, email change, sales, billing, etc.

   Abuse of our support staff will not be tolerated. Our staff will always respond in a courteous and respectful manner. We ask that you do the same. We reserve the right to suspend or terminate the account of any client if we find them to be abusive to our support staff.

   We do not offer technical support for third party scripts, email configurations, or database issues that were not implemented by Forayweb staff. We also do not offer client side support other than providing assistance with configuring email clients during the "move in" period (the first 10 days of service).

   We do not support changes you make to your default DNS settings. Any changes you make to the standard DNS configuration remain your responsibilty. The extent of our support on these issues is restoring DNS settings to default.

   If you have any issues with a support staff member, please send email to ForayWeb's owner Bette Brennan.

   Additional Support Stipulations and Limitations

   We do not offer support for your users/clients unless specifically contracted to do so. Free account moves and backup restores are performed within the first 10 days of service. Requests for account moves or backup restores after the first 10 days of service (the move-in period), may generate a service fee at Forayweb's sole discretion. Any fees are disclosed prior to doing the work and billing.

9. Account Migration. Forayweb will, in most cases, move your account(s) from your current hosting account. The move must be requested within the first seven (10) days of service by submitting a ticket to https://www.forayweb.com/support/submitticket.php under the category of "Support Desk".

   We will make five attempts to connect to your prior host's and move your accounts to our server. If these attempts fail and you can provide us with your local backups and we will upload these backups to our servers for you.

   Forayweb is not responsible for incomplete transfers or not being able to connect to your previous host's server and we the right to limit the number of transfers per account.

10. Law/AUP. The customer agrees to use the service in compliance with applicable law and ForayWeb's Acceptable Use Policy posted at http://www.forayweb.com (the "AUP"). We do not provide service to anyone we know to be under the age of 18.

11. Indemnification. customer agrees to indemnify and hold harmless ForayWeb, ForayWeb's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer's services in violation of applicable law or the AUP by customer or any person using customer's log on information, regardless of whether such person has been authorized to use the services by customer.

12. Disclaimer of Warranties.

    FORAYWEB DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW FORAYWEB DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

13. Limitation of Damages.

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

    NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF FORAYWEB AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

14. Suspension/Termination.

    (a) Suspension of Service. customer agrees that ForayWeb may suspend services to customer without notice and without liability if: (i) ForayWeb reasonably believes that the services are being used in violation of these Terms or of ForayWeb's Acceptable Use Policy or Privacy Policy; (ii) customer fails to cooperate with any reasonable investigation of any suspected violation of Forayweb's Terms and Policies; (iii) ForayWeb reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as required by a law enforcement or regulatory agency. customer shall pay ForayWeb's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

    (b) Termination. The Agreement may be terminated by customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if ForayWeb fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by ForayWeb prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if customer is overdue on the payment of any amount due under the Agreement; (ii) customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from ForayWeb describing the violation in reasonable detail; (iii) upon one (1) days notice if customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if customer violates Section 5 (customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

15. Notices. Notices to ForayWeb under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.forayweb.com. Notices to customer shall be given via electronic mail to the individual listed as the Primary customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. customer may change his, her or its notice address by a notice given in accordance with this Section.

16. Force Majeure. ForayWeb shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond ForayWeb's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

17. Cancellations and Refunds will be effective as of your next billing date.

    Forayweb offers a 30 day money back guarantee if you cancel your plan within the first 30 days of signup as long as you have not accepted delivery of code from Forayweb during that time. Only the hosting portion is refundable. SSL, domains, setup fees, etc are non refundable. If you requested our account migration service, fees may be deducted for this if cancelling after the work was completed.

    We reserve the right to refuse a refund if we find that you used your account against our Terms or Policies or abused our support staff.

    To request cancellation of your plan, please submit a ticket through the helpdesk to the billing category. Include as much of the following information as you can so that we know the cancellation request is legitimate:

    • Domain name
    • Username
    • Date of Signup
    • Method of Payment
    • PayPal transaction number or last four digits of credit card used (depending on method of payment used)
    • Reason for Cancellation (optional)
    • Cancellation requests made via email to any other email and not via the help desk as instructed will not be honored.

    After the initial 30 day cancellation window, cancellations are effective as of your next billing date.

18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
19. Modification and Scope. Forayweb reserves the right to add, delete, or modify any provision of its TOS at any time effective upon either the posting of the modified TOS to the Forayweb website or notification of the modified TOS via Email. This TOS supersedes any other agreement with Forayweb or it's owners; written, oral, by conduct, or otherwise.
20. Reporting. Any complaints about a customer's violation of these terms should be sent to our admin team.