Our Terms of Service

By accepting service from Spinning Frog Internet Services, LLC, I represent that I have read and understand the following and I agree to be bound by all the terms and conditions of this Use Policy and Terms of Service.

Spinning Frog Internet Services Terms And Conditions

Spinning Frog Internet Services reserves the right to change this Policy at any time, so please, check this page at least once a month or when in doubt. Spinning Frog Internet Services strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Spinning Frog Internet Services customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each 30 days via credit card following the date the account was established. If payment has not been received by the prepayment date, Spinning Frog Internet Services will suspend the account until payment is received in full.
Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time. This only applies to cancellation by the client. If Spinning Frog Internet Services cancels an account due to a restrictions violation, there will be no refund. Spinning Frog Internet Services will only allow for the discount if cancellation is not the fault of the client, as determined by Spinning Frog Internet Services . All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Spinning Frog Internet Services reserves the right to change prices at any time.

Hosting Account Cancellation

The account owner may cancel at anytime. To cancel your account, please contact Customer Service at support@spinningfrog.com . You must forward your initial welcome email as confirmation of your identity as the account owner or provide some other acceptable form of identification showing the historical billing information for the original account. Notification of shared hosting account cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's Responsibility to secure email confirmation from Spinning Frog Internet Services that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be charged.
For Dedicated or VPS hosting clients a 30 day notice from the account owner and 30 day final payment is required before the account can be cancelled.

Indemnification Policy

You agree to use all Spinning Frog Internet Services services and facilities at your own risk. Spinning Frog Internet Services specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Spinning Frog Internet Services be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Spinning Frog Internet Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against Spinning Frog Internet Services , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Spinning Frog Internet Services against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement Any defective products sold to customer from our servers. Spinning Frog Internet Services shall be the sole judge of what violates this Policy.

Server abuse policy

If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

SPAM Policy

Spinning Frog Internet Services is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Spinning Frog Internet Services network, by customers or any other users of the Spinning Frog Internet Services network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the Spinning Frog Internet Services server.
Spinning Frog Internet Services servers have been blocked from sending email to Microsoft servers and as a result of this our policy has been altered to disallow any forwarded email to Hotmail or MSN email mailboxes. We are sorry to have to restrict our clients this way but due to the amount of time and effort it takes to resolve differences with Microsoft we cannot risk the chance of a block being placed on our servers again. If you have any questions please feel free to email us at support.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Spinning Frog Internet Services email address or web site URL is prohibited. The use of Spinning Frog Internet Services servers as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of $500.
If you have any complaints or comments regarding Spam on our network, please direct them via email to support@spinningfrog.com.

Content Policy

All services provided by Spinning Frog Internet Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Spinning Frog Internet Services from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Spinning Frog Internet Services servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Spinning Frog Internet Services will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Spinning Frog Internet Services servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links Pirated software Hacker programs or archives Warez sites
Spinning Frog Internet Services does not host sites of its competitors or web pages promoting sites of its competitors.
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
Spinning Frog Internet Services will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy

Spinning Frog Internet Services may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.

Scripts Policy

You are free to use any scripts you wish, however we reserve the right to disable or delete any script that effects normal server operation or service to other Spinning Frog Internet Services customers.
You will be responsible for keeping your programs up to date and will be held responsible for any issues that may arise from their use or abuse. We will not hesitate to take actions that may include suspending your domain if we feel the threat of an insecure script will cause harm to the server or to other Spinning Frog Internet Services customers.
Spinning Frog Internet Services is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure that your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on sites hosted on our servers.

Traffic Policy

Spinning Frog Internet Services allows for very generous traffic, and most sites never exceed 2000MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Spinning Frog Internet Services customers are discouraged from storing any files that cause excessive traffic on Spinning Frog Internet Services servers. Please contact Spinning Frog Internet Services Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Spinning Frog Internet Services or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and automatically upgrade accounts to the next plan level up when bandwidth is exceeded during the month. In most cases the different in cost to jump up one plan is $10 per month, but the cost does vary based on the individual plan of each user.
You can monitor your transfer at anytime in your cPanel Control Manager. The disk and transfer usage information shown for your account gets updated after midnight and only once per day.

Backups

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content.
The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Spinning Frog Internet Services, we will attempt to recover the date at no cost to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Spinning Frog Internet Services will attempt to recover the data from the most recent archive for a $85.00 hourly fee.

Support Policy

It is the client's responsibility to have have a good working knowledge of all operational and design elements that they wish to incorporate in their site(s). Please do not expect the Spinning Frog Internet Services support staff to teach you how to use aspects of the tools at your disposal.
Abuse towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or delete your account. Per our payment policy we offer no refunds.

Spinning Frog Internet Services reserves the right to amend our Terms and Conditions at any time and without notice.