Terms and Conditions

Billing of Service.
Billed charges include applicable governmental assessments. Frontier reserves the right to change rates and charges at any time. Frontier is not obligated to transfer Customer's Web site content if Customer has an outstanding undisputed balance on his/her Frontier account.

Limitation of Frontier Liability.
The entire liability of Frontier for all claims of whatever nature arising out of his/her provision of service (including his/her negligence), and not caused by Customer, shall not exceed an amount equal to the proportionate fixed monthly charges to Customer for the period of service during which any mistake, omission, interruption, delay, error or defect in the service or equipment, nor other event or action giving rise to a claim occurs. Frontier shall have no liability to Customer or any third party with respect to (I) any premature or incorrect publication, listing or advertisement on a Web site which has been authorized by Customer, (II) an omission or failure to modify or publish content changes to a Web site except within agreed upon intervals, (III) content on Web sites being outdated or changed by Customer. In no event shall Frontier be liable for special, punitive, consequential or incidental damages, including without limitation, lost profits. Frontier disclaims any express or implied warranties with respect to his/her Service or hosting facilities, including without limitation, any implied warranties or merchantability and fitness for a particular purpose.

Customer Liability.
Customer is responsible for payment of all charges for Service. Customer is responsible for verifying that all Customer information on any service order form and any attachments thereto are accurate.

Term Commitment.
Since Customer selects a term commitment for the Service, the term commences in the month in which the order for Service is first entered into Frontier systems. Term plans will automatically convert to a month to month pricing after expiration of the current term unless Frontier or Customer provides written notice of termination prior to the end of the contract term. If the Service is canceled prior to expiration of the then current term: (a) by Frontier for Customer's breach, or (b) by Customer except in accordance with Frontier's current Total Web Money Back Guarantee. Customer is liable for a termination fee equal to the Customer's monthly recurring charge times the number of months (or partial months) remaining on the unexpired term.

Notices.
All termination notices under Frontier Total Web Money Back Guarantee or for request to terminate Service must be directed to Frontier Customer Support at email: contactus@frontiertotalweb.com or by contacting the Total Web Fulfillment Center at 1-877-WEB-5254 or by notifying your Frontier Customer Service center at the phone number printed on the Customer's Frontier invoice.

Money Back Guarantee.
If during the first 60 days with Frontier, the Customer is not completely satisfied with the Web site, network quality, sales or service support, the customer can notify Frontier in writing. If Frontier cannot resolve the problem, Frontier will refund the one time set up charge and up to the first two month's monthly recurring charges and release the Customer from the term agreement without a cancellation fee.

Search Engine Registration.
Frontier will register the Customer's site with the search engines posted on www.frontiertotalweb.com one time only. After the initial registration, the Customer is responsible for all future registrations.

Unauthorized use of Web site Functionality Tools.
Frontier's vendor, I°Works, Inc., has developed a unique proprietary system, which allows a Customer to easily operate and update a Web site. Frontier Customers in good standing are authorized to use these tools. Any other use by anyone, whether before acceptance of the Web site or after termination or expiration of this Agreement, constitutes theft and Frontier reserves the right to seek all legal remedies available and, without limiting the foregoing, reserves the right to seek appropriate criminal sanctions.

Lawful Use and Community Standards.
Customer may not engage in any activity which: (1) constitutes or encourages a violation of any applicable law or generally accepted community standards, including, but not limited to, the sale or provision of illegal goods or the violation of export control or obscenity laws, (2) defames, impersonates or invades the privacy of any third party or entity, (3) infringes the rights of any third party, including, but not limited to the intellectual property, business, contractual or fiduciary right of others, or (4) is in any way connected to the transmission of unsolicited email or with any unethical business or personal practices. Customer agrees that the determination of whether there has been a breach of the letter or the spirit of this Agreement shall be in the sole and exclusive discretion of Frontier and such determination will lead to immediate termination of access of Customer Web site to the World Wide Web.

Customer agrees to comply with the terms of the Digital Millennium Copyright Act (DMCA), as codified at 17 USC sec. 512 which deals with situations where a person might want to forward or archive another's email posting or to copy material from another's Web page.

Hold Harmless and Indemnification.
Customer understands that it is Frontier's intention to provide service access on a 365 days a year, 24 hours a day basis. However, Frontier disclaims any warranty of merchantability or fitness for a particular purpose and shall have no liability for any failure to do so. This includes, but is not limited to, loss of data, non-deliveries, and wrong delivery. Customer agrees to indemnify and hold harmless Frontier and his/her sales agents and their respective officers, directors, agents, affiliates and employees from any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from Customer's use of the Web site provided by Frontier.

Conflict of Laws and Statute of Limitations.
The legal relationships of Customer and Frontier shall be governed by the laws of the State of New York without regard to his/her Conflict of Laws rules. Any claim against Frontier relating to use of the service must be filed within one year of such claim or cause of action arose or forever is barred. The parties agree to submit to the personal and exclusive jurisdiction of the Circuit Court of Monroe County of New York or the United States District Court having jurisdiction in Monroe County, New York.

Server Abuse.
Any intentional attempt to degrade Frontier overall server performance is strictly prohibited.

Expiration.
Upon expiration of this Agreement, Frontier shall, upon Customer's written request, deliver to Customer at Customer's expense Customer's content for the delivered Web site and all associated HTML in electronic format, provided the Customer has no undisputed balance with Frontier. IN THE EVENT OF SUCH EXPIRATION: FRONTIER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DELIVERED CONTENT WILL BE COMPATIBLE WITH ANY SERVER OTHER THAN A FRONTIER TOTAL WEB SERVER. CUSTOMER ACKNOWLEDGES AND AGREES THAT CERTAIN ASPECTS OF THE WEB SITE MAY NOT PROCESS BECAUSE FRONTIER WILL NOT TRANSFER ANY PROPRIETARY APPLICATIONS OWNED OR LICENSED TO I-WORKS, INC. AND SUCH A TRANSFERRED WEB SITE MAY NOT PERFORM SUBSTANTIALLY IN THE SAME MANNER AS WHEN HOSTED BY FRONTIER.