TOS

By accessing this web site, you are agreeing to be bound by our Terms of Service (TOS),  Acceptable Usage Policy (AUP), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Acceptable Usage Policy (AUP)

In short, please do not do anything that is illegal, causes harm to others or infringes on the rights of others. If you are not sure what this entails, please click here to view the details the AUP.

Restricted Access

Some sections of this website are restricted to customers only – where we provide technical support to our customers. A username & password will be provided for our customers to access these areas. You must ensure that both your username and password are kept confidential. We advise that you use a separate username and password from your other financial related sites (such as your online banking portals, Paypal, etc).

Hyper-Links

This site may be linked to other sites which are not maintained by, or related to our Company. Links to such sites are provided as a service to our visitors/users. Not all links have not been reviewed or endorsed by our company. Such links to external sites are to be accessed at the user’s own discretion and the author and publisher makes no representations or warranties about the content, completeness or accuracy of these external links or sites. Further, the inclusion of any links to a third-party site does not necessarily imply endorsement of that site. Some of the recommended resources may contain our affiliate links which we believe are useful and beneficial to our clients. If the client decides to purchase the products that we recommend, our company will earn an affiliate commission.

Client Information

Client represents and warrants to Fwguys.com that the information provided for purposes of establishing and maintaining the wordpress hosting service is accurate. If the client is an individual, he or she must be at least 18 years of age.

Indemnification

Client agrees to indemnify and hold harmless Fwguys.com, our affiliates and partners, 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 Client’s services in violation of applicable law or the AUP by Client or any person using Client’s log on information, regardless of whether such person has been authorized to use the services by Client.

Notices

Notices to Fwguys.com shall be given via email to billing@fwguys.com or via our contact-us form at: http://www.fwguys.com/contact-us/. All notices, including but not limited to support or billing requests, must be submitted from the registered primary email address on file for the client account.

Notices to Client shall be sent via email to the individual listed as the Primary Client Contact on our file.. It is the Client’s responsibility to ensure that the contact email is valid and updated as necessary. 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.

Force Majeure

Fwguys.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond our 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.

Cancellation and Termination

The client may terminate his or her services anytime by contacting us. Any unused portion of the hosting fees (e.g. if paid annually) will be pro-rated and refunded to the client. A client may be terminated for repeated violation of Fwguys.com’s TOS or AUP. We will attempt to work out an amicable solution with all our clients. Account termination is our last resort to preserve the integrity and stability of our hosting platform for all our valued clients.

Disclaimer of Warranties

FWGUYS.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW FWGUYS.COM 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.

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 FWGUYS.COM 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 CLIENT FOR ONE MONTH OF SERVICE.

Revisions

We may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.