Terms of Service
Last Updated: 10-2024
These terms and conditions govern the services provided by Frequensee 9 LLC (the Company) as well as any agreements entered into between you (the Client) and Frequensee 9 LLC and its agents and representatives. When hiring Frequensee 9 LLC to perform a service you are agreeing to these terms and conditions, so please read them thoroughly. Feel free to contact your Client Representative if you have any questions.
GENERAL TERMS AND CONDITIONS
Definition of Terms: Client – You, your company, and your representatives. Company – Frequensee 9 LLC, any subsidiaries, and their representatives. Domain – the root address of a website, e.g. www.webaddress.com. Downtime – time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site. Host – Company on whose system the Website physically resides. Link, Hyperlink – a ‘clickable’ link embedded on a web page which may take the form of a graphic or text. Search Engine – a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification. Website – a collection of web pages and associated code which forms an integrated presence. Agreement – Any written agreement for products or services entered into between you (the Client) and Frequensee 9 LLC. The Work (Project) – subject matter of the agreement between you (the Client) and Frequensee 9 LLC. Offers and Proposals: Offers, agreements, contracts, and proposals made by Frequensee 9 LLC to current or potential clients should be treated as trade secrets and remain the property of Frequensee 9 LLC. Such offers, agreements, and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from Frequensee 9 LLC. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information. Payment: Our preferred method of payment is credit card. We accept Visa, MasterCard, American Express, and Discover. This helps us to streamline our accounting, and keep administrative costs low. Charges will appear on your bank statement as FREQUENSEE 9, and inquiries for any charges should be directed to our Customer Service team. Client is responsible for all monies due to Frequensee 9 LLC and shall make payment in accordance with the terms specified in the agreement and scope of work, and in a payment method chosen by Frequensee 9 LLC. Payment for monthly recurring services will be billed on the 1st calendar day of each month to the payment method provided by the Client unless otherwise specified in writing by Frequensee 9 LLC. Any additional charges incurred must be paid by Client upon receipt of an invoice from Frequensee 9 LLC. Payment by check shall not be considered completed until the check has cleared the bank. Any check returned for insufficient funds will incur an additional fee of fifty-five dollars ($55). Declined charges will automatically retry each day until charges are approved. Declined credit or debit card charges will incur a fee of twenty-five dollars ($25) for each decline. Client gives Frequensee 9 LLC authorization to update the expiration date for a card on file without prior written consent, and to charge the new card using the updated expiration date. To avoid unnecessary fees, please ensure that your payment method on file is up to date and has available funds. Client is responsible for providing updated credit/debit card authorization at least thirty (30) days prior to the expiration of the card being used. Suspension of service, for non-payment or for any other reason, does not release Client from any charges that have accrued, or may accrue during or after the suspension. Communication: Client and Frequensee 9 LLC will communicate throughout project via email and phone. Initial meeting for project planning will be held via conference call and may be limited to 60 minutes. Meetings for updates or reporting on monthly services will be held via conference call and may be limited to 30 minutes. Any additional meeting time will be provided at the discretion of Frequensee 9 LLC. Additional meeting time, whether in-person or remote, may be billed hourly at the discretion of Frequensee 9 LLC. Occasionally, at the discretion of Frequensee 9 LLC and based on availability, a Company representative may meet with a Client at their office or a location chosen by Frequensee 9 LLC. Client understands that in-person meetings or video conferencing is not a standard means of communication for the types of services provided by Frequensee 9 LLC, and therefore are not guaranteed. Promotion: The Client agrees to allow its name, photographic image, and/or media to be used on Frequensee 9’s website and/or for other promotional purposes. Frequensee 9 LLC will not sell copies of the Client’s media without prior agreement. Release and Storage of Media: Frequensee 9 LLC shall not release any media (i.e, designs, code, footage, graphics, final edits, and other media) or copies thereof to the Client or Client’s representative(s) until all monies due to Frequensee 9 LLC have been paid. Media storage will be maintained by Frequensee 9 LLC for one month after the project end date, or longer for ongoing projects as deemed necessary by Frequensee 9 LLC. After that time, files may be permanently deleted. Unless otherwise included in the scope of work, backing up or copying to external media or to an external hard drive supplied by the Client will be billed at the rate of $40.00 per hour, billed in intervals of one-half (.5) of an hour, with a minimum billing for this service of $20.00. Client shall provide his or her own external media and/or hard drives for this purpose. Client will not have access to such media until all payments due to Frequensee 9 LLC have been made. Revisions: Unless otherwise specified, all designs or edits are limited to one (1) set of revisions. Any additional revision requests will be billed hourly at our current rate. Additional Billable Time: We understand that unplanned components, ideas, revisions, and adjustments to project scope happen – additional work beyond that specified in the scope of work may be billed separately. This work may include, but not be limited to, additional revisions, custom photography, fonts, location fees, travel expenses, consulting time, and general project enhancements. Most additional projects and/or project modifications will be scoped and bid on a fixed-price basis if requested. Additional billable time is charged at our current hourly rate, but no less than $125/hour, billed in one hour increments. Intellectual Property and Licenses: Client shall be responsible for obtaining all mechanical licenses for any media (including, but not limited to copy, graphic images, videos, registered logos, trademarks, music, fonts and photographs) for which the Client does not own the rights. All such licenses must be obtained prior to duplication and before commencement of the project. If the client does not know the procedure for obtaining the proper licenses, Frequensee 9 LLC can provide this service through third parties at an additional cost to the Client. By approving proofs or work completed by Frequensee 9 LLC, or submitting media to Frequensee 9 LLC, client is attesting that they have obtained or already obtain the necessary license to use any and all media contained in said works. The Client assumes full responsibility for content of media/copy created by Frequensee 9 LLC once approved. Approval of Work: On completion of the Work, the Client will be notified by email or phone and have the opportunity to review the work. The Client should notify Frequensee 9 LLC, in writing, of any unsatisfactory points (which are considered to be revisions) within 48 hours (or a time period specified in writing via email). Any of the Work which has not been reported in writing to Frequensee 9 LLC as unsatisfactory within the review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected. The project will move forward, or the agreement will be deemed to have been completed, and all payments or balances will become due as per the agreement. Upon approval of the work, client warrants that all necessary releases have been signed and obtained, and assumes full responsibility for the content contained in the work, including but not limited to music, talent, images, and copy. Rejected Work: If the Client rejects the Work within the review period, does not provide clear revision instructions, or will not approve subsequent Work performed by Frequensee 9 LLC to remedy any points reported by the Client as unsatisfactory, Frequensee 9 LLC considers that the Client is unreasonable in his or her repeated rejection of the Work. Frequensee 9 LLC reserves the right to terminate the agreement and take any legal measures to recover payment for the completed Work and reasonable expenses incurred in recovering payment. If complete payment has been made for a project, and Frequensee 9 LLC cancels an agreement under this provision, Client agrees that any potential refunds are at the sole discretion of Frequensee 9 LLC. Client agrees that time spent working on the project by Frequensee 9 LLC may be billed at the then current hourly rate regardless of any flat rate fees agreed to in the scope of work. Social Media Network and Search Engine Non-Affiliation: Frequensee 9 LLC is not affiliated with Google, Facebook, Yahoo or any other search engine or social network. Frequensee 9 LLC is an agency that provides services through various media networks and search engines, but has no direct affiliation with any of these companies. Frequensee 9 LLC will help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing (SEM) or Social Media advertising/marketing (SMM). Frequensee 9 LLC does not guarantee any particular rate of return or performance of any online advertising (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the marketing or management for your business and/or websites. Right to Act as Authorized Agent/Representative: For the purposes of completing the obligations set forth in your agreement, the Client gives Frequensee 9 LLC and its representatives the right to act as their authorized agents or representatives. Examples include but are not limited to business listing setup, online listing verification, or domain transfers/registrations. By entering into an agreement you give Frequensee 9 LLC and its representatives permission to access social media accounts, domain registrar accounts, and any other account or platform required for the purposes of completing the services specified in the Scope of Work. Transfer of Agreement: Client may not assign or transfer an agreement, in whole or in part without the prior written consent of Frequensee 9 LLC. In the event that Client contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Client shall notify Frequensee 9 LLC by mail, facsimile or email no less than 60 days prior to the effective date of the event. Modification: Scope of work or project details in a signed agreement may not be modified, changed, or terminated in any way unless there is a written addendum signed by a managing client of Frequensee 9 LLC. These Terms and Conditions will be modified from time to time by Frequensee 9 LLC. You agree to continue to be bound by current Terms and Conditions, including any updates made from time to time. Updated Terms & Conditions will be posted online, and you will be notified via standard email message, and will be given 30 days to opt-out of such changes. Any new agreements or for any subsequent auto-renewals of service after your initial agreement will automatically adhere to the then current Terms and Conditions, which may differ from those attached to the original agreement. Termination: Frequensee 9 LLC may terminate any Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the agreement upon receipt of written notice from Frequensee 9 LLC of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Frequensee 9 LLC and Client, 4) at the sole discretion of Frequensee 9 LLC’s management team. If Frequensee 9 LLC must cancel a project or scheduled on-location shoot due to illness or other reasonable cause, Frequensee 9 LLC will reschedule the job for the earliest available time consistent with the needs of the Client. Disputes: The Client is responsible for any and all legal costs and attorney’s fees required to collect payment for any services rendered. If legal proceedings are commenced to resolve a dispute arising out of, or relating to, an agreement, Frequensee 9 LLC shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals. Indemnification: Frequensee 9 LLC and its designees, and their respective directors, officers, clients, employees, attorneys and agents, shall be indemnified, reimbursed, held harmless and defended from and against any and all claims, demands, causes of action, liabilities, losses and expenses (including, without limitation, the disbursements, expenses and fees of their respective attorneys) that may be imposed upon, incurred by, or asserted against any of them, or any of their respective directors, officers, clients, employees, attorneys or agents, arising out of or related directly or indirectly to any agreement. This paragraph, insofar as it applies to work undertaken while an agreement is in effect, shall survive the termination of any agreement. Client shall indemnify and hold Frequensee 9 LLC harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Frequensee 9 LLC directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of an agreement by Client. Enforceability: If any provisions of an agreement are held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. All agreements shall be governed by and construed in accordance with the laws of the State of South Carolina. Exclusive jurisdiction and venue shall be in the Charleston County, South Carolina Superior Court. A failure by any party to exercise or delay in exercising a right or power conferred upon it in an agreement shall not operate as a waiver of any such right or power.
WEBSITE DESIGN/DEVELOPMENT
Design/Setup Fees: A non-refundable deposit of 50% of the total design or setup fee payable under the agreement is due immediately upon the signing of the agreement unless otherwise specified. Any outstanding balance shall become due when the design is completed or as otherwise specified in the scope of work. The fee quoted in the agreement does not include the cost of domain registration, hosting set up fee, or hosting unless otherwise specified as part of a F9 Maintenance Plan. Maintenance: Unless performed as part of an accompanying F9 Maintenance plan purchased through Frequensee 9 LLC, site maintenance is not included in the fees for web design and development. Maintenance will be billed on an hourly basis at our current rate, in one hour increments. Any additional work or updates not already included will be billed as such. White Label Option: Unless otherwise specified in the scope of work, pricing for website design and development services are based on inclusion of text or an image in your website’s footer (bottom section on each website page) with a link to Frequensee 9 LLC’s website. This may include text such as “amplified by Frequensee 9” or “Website Design and Development by Frequensee 9” and/or Frequensee 9’s logo. If you do not wish to include this link you can opt for us to “white label” your site for a one-time fee of $750. Responsive Design and Browser Compatibility (Desktop and Mobile): The term “Responsive Design” as mentioned in any collateral, communication, or agreement between Frequensee 9 LLC and Client is defined as the ability of a website to display in a manner appropriate to the capabilities of a browser or device. This may include a separate mobile site design, or a single site that resizes based on the browser width. Frequensee 9 LLC may test web site designs in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla (Firefox). In instances where the Client purchases the option for a responsive design, or independent mobile/tablet design, Frequensee 9 LLC will test these designs on current versions of Safari (iOS) and Google Chrome (Android). Frequensee 9 LLC will not test on other devices or in other browsers unless otherwise specified. If the Client requires an enhanced design for another browser or device, or one not specified in these terms, Frequensee 9 LLC will bill those services separately. Disclaimers: Frequensee 9 LLC can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client’s Website, although Frequensee 9 LLC will endeavor to ensure that Website downtime is kept to a minimum. If hosting is not provided as part of a F9 Maintenance Plan, it must be acquired through a third party. Maintenance and Correction of Errors: Frequensee 9 LLC takes no responsibility for the functionality or maintenance (unless a F9 Maintenance plan is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to Frequensee 9 LLC will be corrected free of charge, but Frequensee 9 LLC reserves the right to charge for correction of errors for which Frequensee 9 LLC is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to Frequensee 9 LLC by the Client. Extent of Work: Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise included in the scope of work. Consequential Loss: Under no circumstances will Frequensee 9 LLC be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure. Frequensee 9 LLC provides backup services as part of our F9 Maintenance plans (sold separately). Search Engine Listings: Frequensee 9 LLC does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not Frequensee 9 LLC who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. Frequensee 9 LLC does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly. Client acknowledges that it is not possible for Frequensee 9 LLC to guarantee specific search engine placement of their website. Supply of Materials: The Client is to supply all materials and information required for Frequensee 9 LLC to complete the Work in accordance with the agreed scope of work. Such materials may include, but are not limited to, photographs, written-copy, logos, and other printed materials deemed necessary by Frequensee 9 LLC to complete the project. Text Content (Copy): Frequensee 9 LLC is not responsible for writing or inputting any text copy unless otherwise specified as Copywriting Services in the scope of work. If the Client requests that Frequensee 9 LLC creates new copy, these services will be billed hourly. Timeline/Delays: Project timelines and completion are heavily dependent on the responsiveness and availability of the Client. This includes supply of materials, availability for conference calls, responding to emails, and approving completed work. The Client agrees to respond to all requests by Frequensee 9 LLC in a timely manner. Where the Client’s failure to respond in a timely manner, or failure to be available for remote meetings, leads to a project delay of more than 7 business days, the project will be placed on-hold. On-hold projects are given low priority, and original deadlines or timelines are no longer guaranteed. Where the Client’s failure to respond in a timely manner leads to a project delay of more than 14 business days, a restart fee equal to $750 or 25% of the project total (whichever is less) will be assessed in order to resume the project. Where the Client’s failure to respond in a timely manner prevents progress on the Work for more than 21 business days, Frequensee 9 LLC has the right to invoice the Client for any part or parts of the Work already completed, as well as the balance of any outstanding design/setup fees. Frequensee 9 LLC reserves the right to terminate the agreement and consider the entire Scope of Work fulfilled. In any event, the decision to resume a project that is delayed for more than 14 business days will be made at the sole discretion of Frequensee 9 LLC. Completion of Work: Frequensee 9 LLC warrants completing the Work in accordance with the written scope of work accompanying your agreement. Frequensee 9 LLC will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Frequensee 9 LLC will not undertake changes to the specifications of the Work which would increase the cost without prior direction from the Client. Payment: Upon completion of any review period or milestone, Frequensee 9 LLC will invoice the Client for the balance due in accordance with the agreement to the payment method on file. Remedies for Overdue Payment: If payment has not been received by the due date, Frequensee 9 LLC has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 3 days after the due date, Frequensee 9 LLC has the right to replace, modify or remove the Website and revoke the Client’s license of the Work until full payment has been received. By revoking the Client’s license of the Work or removing the web site from the Internet, Frequensee 9 LLC does not remove the Client’s obligation to pay any outstanding monies owed. Supply and Pricing of Services: Frequensee 9 LLC reserves the right to use whoever it deems appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements. Warranty by Client as to Ownership of Intellectual Property Rights: The Client is responsible for obtaining all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, videos, names and trademarks, or any other material used by Frequensee 9 LLC on the Website. Entering into an agreement will serve as a guarantee by the Client to Frequensee 9 LLC that all such permissions, licenses, and authorizations have been obtained and that the inclusion of such material on the Website would not constitute a criminal or civil offense. By agreeing to these terms and conditions, the Client removes the legal responsibility of Frequensee 9 LLC and indemnifies the same from any claims or legal actions however related to the content of the Client’s site. Licensing: Upon approval of the work, the Client will be granted a license to use the website, design, and its contents. The Client retains the right to exercise this license through the use of Frequensee 9 LLC’s hosting (via a F9 Maintenance plan), or to host elsewhere once all contract terms are fulfilled and Frequensee 9 LLC has received full payment of all outstanding invoices. The Client may not resell the design, code, or any other content of the project (whole or in part), without the prior written consent of Frequensee 9 LLC. Certain content, including but not limited to designs and code, that is created and/or written by Frequensee 9 LLC under an agreement will remain the intellectual property of Frequensee 9 LLC unless otherwise specified in writing as an addendum to the agreement (to be titled Exhibit C). Third party software, including themes customized for use with third party platforms, may remain the property of the original developer or the parent platform if transfer of ownership is restricted. Trade Secrets: Any code that is not freely accessible to third parties and not in the public domain, and to which Frequensee 9 LLC or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Frequensee 9 LLC. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Frequensee 9 LLC or their suppliers owns the copyright. Events Beyond the Control of Frequensee 9 LLC: Frequensee 9 LLC will not be liable for breach of agreement where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Frequensee 9 LLC.
F9 MAINTENANCE PLANS
Service Start Date: Service shall begin on the date specified in this agreement, when email services are commenced, or when the website is first accessible via the internet, whichever comes first. F9 Maintenance plans will be billed on the first of each month. The first payment plus setup charges, if any, shall be due in advance of any service provided. Site Maintenance and Updates: Maintenance and Updates as outlined in the scope of work constitute updates to existing platform and content. Updates or additions to the website will be performed up to the included number of hours. Updates and maintenance provided each month will be limited to the number of hours included in your F9 Maintenance plan, and are calculated per calendar month. Time is calculated in 30 minute increments. Allotted hourly time that is not utilized during any given month will be surrendered, and will not carry over into any following month. Updates/Maintenance that exceed the hours included in your F9 Maintenance plan will be billed at our current hourly rate. Site Analysis Reports: Site Analysis Reports will be provided at the request of Client, once per calendar month, and will contain statistics on site traffic and data transfer. Site Analysis reports are provided to Frequensee 9 LLC by a third party, and Frequensee 9 LLC provides no warranties as to the accuracy of Site Analysis reports. Bandwidth and Storage: Hosting is typically unmetered, but to ensure optimal service accounts may be limited to 5GB of storage and 500GB of monthly transfer (including all site files and email accounts) unless otherwise specified in the scope of work. Bandwidth and storage limits will be enforced and are subject to change at the sole discretion of Frequensee 9 LLC. Frequensee 9 LLC reserves the right to temporarily suspend F9 Maintenance services if limits are reached. Domain Names and Transfers: Domain name registration offered with F9 Maintenance Plans are limited to: 1) domain names already owned by client, 2) available domain names not currently owned by another party, 3) a limited value of $17 per domain name, including all applicable taxes and fees, 4) the following top-level domain suffixes: .com, .org, .net. Discounts are not provided if Client wishes to manage their own domain, DNS, and/or renewals. Frequensee 9 LLC has the right to deny a requested domain name, or bill the Client for any additional costs in acquiring a domain name on their behalf. Unless otherwise specified in the scope of work, domain registration included with a F9 Maintenance plan is limited to one (1) year. Client is responsible for all renewal fees, if they wish to keep the domain beyond 1 year. For domains managed by Frequensee 9 LLC, domain renewals will be charged annually at the current rate to the payment method on file. If Frequensee 9 LLC will be responsible for domain renewals, the Client agrees to assign ownership of any domain name(s) to Frequensee 9 LLC’s, using our registrar of choice. Any domain names purchased by Frequensee 9 LLC on behalf of the Client will remain the sole property of Frequensee 9 LLC unless otherwise specified in writing as an addendum to the agreement (to be titled Exhibit B). If Client wishes to terminate an agreement at any point, Client agrees to pay any fees associated with transferring ownership of any domain names away from Frequensee 9 LLC and their hosting provider(s) or registrar(s). Client acknowledges that any registered domains will be ineligible for transfer away from Frequensee 9 LLC unless all outstanding balances are paid in full. If a F9 Maintenance plan is terminated for any reason, including non-payment, the Client must request a transfer of ownership of any domain that they transferred to Frequensee 9 LLC, and pay any outstanding balances or fees, in order to regain ownership of said domain. Failure to request a transfer within thirty (30) days of the termination of F9 Maintenance services with Frequensee 9 LLC constitutes permanent surrender of any rights to ownership of said domain(s), and permission for Frequensee 9 LLC to use the domain as they see fit, regardless or any trademarks, copyrights, and interests in the domain and the domain name. The Client agrees to indemnify Frequensee 9 LLC, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought or domain names purchased by Frequensee 9 LLC on behalf of Client is not a trademark of a third party. Domain Renewal Fees: Domain name registration/renewal fees may be included in F9 Maintenance plans as specified in the Scope of Work. Any additional fees that exceed these limits will be charged to the client, including premium registration fees and additional domains exceeding those included. SSL Renewal Fees: SSL purchase or renewal fees may be included in F9 Maintenance plans as specified in the Scope of Work. Any additional fees, including renewals, that exceed these limits will be charged to the client’s payment method on file. Length of Service: Client agrees to an initial twenty-four (24) month contractual term of service (“Term”) unless otherwise specified in the scope of work. The length of contract required is based on the type of service desired by Client and shall be determined solely by Frequensee 9 LLC. Renewal by Client: F9 Maintenance plans provided under this agreement will automatically renew for successive twenty-four (24) month Terms unless cancelled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any contract revisions and price changes. Termination: If you choose to terminate your agreement before the term is fulfilled the entire contract balance will become payable, including non-discounted design and setup fees and any monthly F9 Maintenance fees. Any domain name renewals included as part of your agreement will also be billed separately at the then current rate set by Frequensee 9 LLC. Transferring your domain away from our registrar, pointing your domain to a different host/server/IP address, or creating a secondary web presence for your organization at a new domain is considered a request to terminate your agreement. If Frequensee 9 LLC finds in its sole discretion that you are not utilizing the services provided under this agreement as the primary web presence for your organization, you will be considered in breach of this agreement. All non-discounted fees will become payable, the remainder of your F9 Maintenance term and/or management fees will be due in full, and all obligations of Frequensee 9 LLC under this agreement will be considered fulfilled. Upon termination, the obligations of Frequensee 9 LLC will be considered fulfilled and no further services will be rendered. Censorship: Frequensee 9 LLC will exercise no control whatsoever over the content of the information passing through the network, email or web site. Warranties: Frequensee 9 LLC makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Frequensee 9 LLC also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Frequensee 9 LLC is at Client’s own risk, and Frequensee 9 LLC specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Frequensee 9 LLC does not represent guarantees of speed or availability of end-to-end connections. Frequensee 9 LLC expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Frequensee 9 LLC specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Frequensee 9 LLC makes no guarantees as to the accessibility of the website under heavy traffic, which shall be determined at the sole discretion of Frequensee 9 LLC. If the website traffic exceeds the capabilities of Frequensee 9 LLC’s shared hosting environment, additional hosting options (such as dedicated servers) can be provided at an additional cost. Frequensee 9 LLC makes no representation or warranties to the ability of their servers or any third party servers to provide content to any specified number of visitors.