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Terms and Conditions

FROSTBYTE INTERACTIVE, INC. DBA ("HIGHER LEVEL MEDIA") agrees to furnish services to the Subscriber, subject to the following TAC (Terms and Conditions).

Use of HIGHER LEVEL MEDIA's Service constitutes acceptance and agreement to HIGHER LEVEL MEDIA's AUP as well as HIGHER LEVEL MEDIA's TAC (Terms and Conditions).

All provisions of this contract are subject to the TAC (Terms and Conditions) of HIGHER LEVEL MEDIA and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of HIGHER LEVEL MEDIA. Subscriber understands that changes to the AUP by HIGHER LEVEL MEDIA shall not be grounds for early contract termination or non-payment.

In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:

Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
Subscriber agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $50 reconnection fee.
HIGHER LEVEL MEDIA is not responsible for data integrity on equipment reclaimed for non-payment.
Florida residents agree to pay all taxes applicable to your account.

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Broward applicable to contracts enforceable in that state. Venue will be Broward County, Florida.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that HIGHER LEVEL MEDIA may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HIGHER LEVEL MEDIA shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that HIGHER LEVEL MEDIA may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by HIGHER LEVEL MEDIA of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by HIGHER LEVEL MEDIA.

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a reconnect charge equivalent to the current rate of the initial setup fee. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by HIGHER LEVEL MEDIA may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay HIGHER LEVEL MEDIA a "Processing and Collection" Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TAC.

5. Refund and Disputes: All payments to HIGHER LEVEL MEDIA are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in HIGHER LEVEL MEDIA's sole discretion is a valid charge under the provisions of the TAC and/or AUP, you agree to pay HIGHER LEVEL MEDIA an "Administrative Fee" of $50.

6. Failure to Pay: HIGHER LEVEL MEDIA may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

Higher Level Media
Attn: Cancellations
7260 NW 25th Street, CMB#4205
Miami, FL 33122

Or email Billing Department.

HIGHER LEVEL MEDIA's preferred method of cancellation is via the members section of your HIGHER LEVEL MEDIA account. Please log into the support section at http://higherlevelmedia.com/billing/ and you can request to have your server cancelled there via helpdesk.

You must have all account information to cancel.

1. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of HIGHER LEVEL MEDIA and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that HIGHER LEVEL MEDIA shall not be liable for any damages arising from such causes beyond the direct and exclusive control of HIGHER LEVEL MEDIA. Subscriber further acknowledges that HIGHER LEVEL MEDIA's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall HIGHER LEVEL MEDIA be liable for any special or consequential damages, loss or injury.

2. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by HIGHER LEVEL MEDIA. on behalf of the account holder a handling fee may be incurred.

3. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to HIGHER LEVEL MEDIA will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by HIGHER LEVEL MEDIA on behalf of the account holder a handling fee may be incurred. If the subscriber cancels service during the transfer period for any reason, all charges are considered earned.

4. Support Boundaries: HIGHER LEVEL MEDIA provides 24 x 7 online technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: HIGHER LEVEL MEDIA provides support related to your site physically functioning. HIGHER LEVEL MEDIA does not offer tech support for application specific issues such as CGI programming, html or any other such issue. If you can email, we encourage you to email support department for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://higherlevelmedia.com/billing/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

5. SPAM and Unsolicited Commercial Email (UCE): HIGHER LEVEL MEDIA takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that subscribers of HIGHER LEVEL MEDIA may not use or permit others to use our network to transact in UCE. Subscribers of HIGHER LEVEL MEDIA may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of HIGHER LEVEL MEDIA's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HIGHER LEVEL MEDIA will initiate an immediate investigation (within 48 hours of notification). During the investigation, HIGHER LEVEL MEDIA may restrict subscriber access to the network to prevent further violations. If a subscriber is found to be in violation of our SPAM policy, HIGHER LEVEL MEDIA may, at its sole discretion, restrict, suspend or terminate subscriber's account. Further, HIGHER LEVEL MEDIA reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HIGHER LEVEL MEDIA will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that HIGHER LEVEL MEDIA personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

6. Network

IP Address Ownership: If HIGHER LEVEL MEDIA assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to HIGHER LEVEL MEDIA, and Subscriber shall have no right to use that Internet Protocol address except as permitted by HIGHER LEVEL MEDIA in its sole discretion in connection with the Services, during the term of this Agreement. HIGHER LEVEL MEDIA shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Subscriber by HIGHER LEVEL MEDIA, and HIGHER LEVEL MEDIA reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies.
Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Subscriber on the Order Form (the "Agreed Usage"). HIGHER LEVEL MEDIA will monitor Subscriber's bandwidth and disk usage. HIGHER LEVEL MEDIA shall have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HIGHER LEVEL MEDIA's sole and absolute discretion. If HIGHER LEVEL MEDIA takes any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a subscriber exceeds the included allocation, HIGHER LEVEL MEDIA may, at its sole discretion, collect a deposit, in an amount determined by HIGHER LEVEL MEDIA, against subscriber's credit card on file with HIGHER LEVEL MEDIA.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the HIGHER LEVEL MEDIA Network. Violations of system or network security may result in civil or criminal liability. HIGHER LEVEL MEDIA will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.

7. Notification of Violation: HIGHER LEVEL MEDIA is under no duty to look at each subscriber's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which HIGHER LEVEL MEDIA determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at HIGHER LEVEL MEDIA's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that HIGHER LEVEL MEDIA determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a subscriber's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

8. Suspension of Service or Cancellation: HIGHER LEVEL MEDIA reserves the right to suspend network access to any subscriber if in the judgment of the HIGHER LEVEL MEDIA network administrators the subscriber's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which HIGHER LEVEL MEDIA chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber will not be credited for the time the subscriber's machines were suspended.

9. HIGHER LEVEL MEDIA reserves the right to amend its policies at any time without a notice. All Sub-Networks, resellers and managed servers of HIGHER LEVEL MEDIA must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

10. Indemnification: Subscriber agrees to indemnify and hold harmless HIGHER LEVEL MEDIA and the employees and agents of HIGHER LEVEL MEDIA against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

11. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

Waiver. Neither party's failure to exercise any of its rights under this Agreement will constitute or be deemed a waiver or forfeiture of those rights.
Subscriber shall not transfer or assign this Agreement without the prior written consent of HIGHER LEVEL MEDIA. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel subscribers rights under this contract at anytime without further obligation.
HIGHER LEVEL MEDIA takes no responsibility for any material input by others and not posted to the HIGHER LEVEL MEDIA Network by HIGHER LEVEL MEDIA. HIGHER LEVEL MEDIA is not responsible for the content of any other websites linked to the HIGHER LEVEL MEDIA Network; links are provided as Internet navigation tools only. HIGHER LEVEL MEDIA disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
HIGHER LEVEL MEDIA is not responsible for any damages your business may suffer. HIGHER LEVEL MEDIA does not make implied or written warranties for any of our services. HIGHER LEVEL MEDIA denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HIGHER LEVEL MEDIA.
It is absolutely forbidden to host pornographic content or IRC servers. Accounts found hosting this material will be subject to immediate cancellation without refund.
Any terms of this Agreement, which is held to be invalid, will be deleted, but the remainder of the terms of this Agreement will not be affected.
Neither party will be liable for performance delays or for nonperformance due to causes beyond its reasonable control.
No government procurement regulations or contract clauses are binding on either party unless required by law or mutually agreed. See Rider #2.
The laws of the State of Florida will govern any disputes arising in connection with this Agreement. Should Florida law invalidate any provisions of this Agreement, all other provisions will remain in effect.
This Agreement and any attachments constitute the entire agreement between Seller and Client relating to transactions hereunder and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Client's additional or different terms and conditions will not apply. The terms and conditions of this Agreement may not be changed except by an amendment signed by an authorized representative of each party.

12. Responsibility for Content: You, as HIGHER LEVEL MEDIA's subscriber, are solely responsible for the content stored on and served by your HIGHER LEVEL MEDIA account.

HIGHER LEVEL MEDIA SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE HIGHER LEVEL MEDIA’s SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS HIGHER LEVEL MEDIA PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED HIGHER LEVEL MEDIA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND HIGHER LEVEL MEDIA SHALL HAVE NO LIABILITY THEREFORE.