FazeWire TOS
Introduction
During the term of its agreement with FazeWire
Web Services, the customer must ensure that
the use of any resource offered to the customer or owned or controlled by
FazeWire Web Services ("Service" or "FazeWire Hosting") conforms to FazeWire's current Acceptable Use Policy
("AUP"). FazeWire Hosting reserves the right to modify, without prior notice,
the AUP, as FazeWire Hosting deems appropriate; such modified AUP is effective
upon posting on FazeWire's website. Customers will not automatically be notified
of the change unless they request such services free of charge. The customer
cannot cancel their service if they disagree with the Acceptable Use Policy. If
the customer has had his/her account for more than thirty days s/he cannot
cancel it for a full refund.
Responsibility
You are responsible for your sites and all sites that you host to be in
accordance with all rules on this page. Misuse by you may result in actions on
your account, including removal from the host without a refund.
All accounts are closely monitored for suspicious activity.
Bandwidth Overages
If the customer goes OVER the monthly allowed bandwidth limit (Data Transfer
Limit), FazeWire Hosting reserves the right to charge a total of $20 USD Per
Gigabyte over the monthly bandwidth limit.
If the customer wishes, the account can be suspended at the limit.
It is the customer’s responsibility to contact us if suspension is the
desired action.
Inappropriate Use
The service must not be used to publish, post, distribute or otherwise
disseminate unlawful material or information including, but not limited to:
threatening, harassing, defamatory, obscene, or fraudulent information and
materials, or proprietary, copyrighted, or otherwise intellectually protected
information and materials for which Customer does not have authorization or
authority to possess or distribute. The service must not be used to request
unlawful services or materials. The service must not be used for activities
FazeWire Hosting deems to impact its customers or its ability to deliver
services to its customers.
Warez and adult (pornography) sites are strictly prohibited on our servers.
If you would like to run a site and do not mind a fee, then you may pay a
$150/year fee to host these sites on our servers.
Such activities may include, but are not limited to:
Obscene Speech or Materials
The distribution of any pornography or any obscene, abusive, defamatory or
threatening speech or material. You may not host any site containing adult
oriented content, including nudity of any kind. Portal sites linking directly to
adult oriented content are also not acceptable.
Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, and patents.
Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings or chain
letters; advertising transmitting, or otherwise making available any software,
program, product, or service that is designed to facilitate sending UCE; use of
web pages that allow spamming (known as "ghost sites") that directly or
indirectly refers to domains or IP addresses hosted by FazeWire Hosting.
FazeWire Hosting reserves the right to determine in its sole discretion what
constitutes UCE based on the information available. Sending any email to
purchased lists or lists obtained by any other method (such as harvesting) is
not acceptable. Customers may only send email to recipients who have joined
mailing lists directly from their site.
Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e.
neither to nor from Customer or Customer's accounts).
Fraud
Using a false identity; using "pyramid/ponzy" scheme; storage or transmission of
any intentionally incorrect data or packet.
Virus, Worm, or Trojan horse program
distribution
The deliberate transmission of computer viruses, worms or trojan software.
Denial of Service (DoS)
Using any technique to intentionally degrade or disable the delivery of any
legitimate data.
Glutting of servers
Oversized storage of any files that would be unreasonably large (ie. making a
zip file filled with text files just to pad the size). Your web space is not for
data backup. It is for hosting real sites.
Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or
host scanning, probing, monitoring or other information gathering associated
with such activity; using the Service to guess passwords.
Applications
Customer may not run any program or script on the server that runs constantly or
'listens' on ports unless provided in the control panel or approved by the host.
This includes applications associated with chat services.
Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and
any other public forum on, or using, the Service.
Other
Any other activity deemed inappropriate by FazeWire Hosting.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective
mechanism for removal from bulk email list. Customer must include the source of
the addressee's address in each bulk email message.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy"
scripts or Flash/shockwave files. Heavy is defined as oversized without cause,
to the point where most users would be unable to view them in a reasonable
amount of time. No single site may consume 25% of CPU usage for a sustained
period of time.
Service Resale
Customer may not resell the Service or any portion of the Service unless under a
Reseller plan.
Password Protection
Customer is responsible for protecting passwords and for any authorized or
unauthorized use.
Music Files
Customer may not, without permission, have sound/video files in any format (MP3,
ASX, ASF, RA, RAM , QTV) due to the high rate of illegal transfer of copy
written material. This regulation does not apply to personal music that the
customer holds copyrights to.
Content Protection
Customer agrees to provide appropriate protection to prevent minors (persons
under 18 years of age) from accessing any unsuitable material that Customer
publishes via any Service.
Content Ownership
Customer is responsible for all content or information residing on, or obtained,
or transmitted via, the Service, regardless of whether such use is by Customer.
File repository /Dump Sites
Customer may not use disk space as a file repository, or dump site. This
includes but is not limited too; warez, links to warez websites, serialz, sound
files, applications, zip files. This includes using the space in order to store
content used on other sites (remote linking). Examples of this would be using
the web space to store images for auction descriptions, flash or any other files
used on another site but stored on our server. Failure to follow this rule will
result in immediate account cancelation with no refund. Depending on case, files
may or may not be backed up.
Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party
constitutes a violation of this AUP by Customer.
AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or
state civil and/or criminal liability, including without limitation, Washington
State Business & Professional Code. FazeWire Hosting reserves the right in its
sole discretion and without prior notice to suspend and/or terminate Customer's
access to the Service at any time for violating this AUP. FazeWire Hosting also
reserves the right to suspend, filter or block, and/or terminate Customer's
access if Customer's account is being used to exploit or attack the Service or
the networks of others. If Customer's account has been compromised and attempts
to reach Customer and/or to have Customer repair a breach of security fail,
FazeWire Hosting reserves the right to suspend or terminate Customer's service.
If Customer's access is suspended or terminated, FazeWire Hosting, in its sole
discretion, may refuse to accept all new e-mail sent to the terminated e-mail
address and delete Customer's data stored on Service. FazeWire Hosting will
fully cooperate with law enforcement authorities in the detection and
prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in immediate account
suspension without refund, as well as criminal prosecution where deemed
necessary.
LIMITATION OF LIABILITY:
FazeWire Hosting shall not be
responsible for ANY claimed damages, including incidental and
consequential damages, which may arise from servers going off-line or being
unavailable for any reason whatsoever. Further, FazeWire Hosting shall not
be responsible for any claimed damages, including incidental or consequential
damages, resulting from the corruption, loss of, or deletion of any web site or
data from one of FazeWire Hosting servers. All damages shall be limited to
the immediate termination of service, refund of last hosting payment (Chosen by
FazeWire Hosting at their sole discretion), and/or compensation for losses NOT
in excess of USD$5 (Meaning FazeWire Hosting will not be held responsible for
any more than $5 US Dollars in company losses). FazeWire Hosting shall
be the sole arbiter of what is and is not a violation of these acceptable use
policies. FazeWire Hosting reserves the right to terminate an account at
any time and for any reason that causes harm to any customer's web sites.
FazeWire Hosting reserves the right to delete all content and files upon
termination. FazeWire Hosting reserves the right to withhold any pre-paid
funds for any site removed for violations of these policies. FazeWire Hosting
reserves the right to refuse, cancel, or suspend service at our sole discretion.
FazeWire Hosting reserves the right to change these Policies without prior
notice or warning. Non-enforcement of any part of these Policies does not
constitute consent. FazeWire Hosting reserves the right to decrease a
customer’s bandwidth and/or space allotted without warning.
IN
SUMMARY, FAZEWIRE HOSTING AND ALL EMPLOYEES/OWNERS WILL NOT BE HELD RESPONSIBLE
FOR ANY LOSSES AT ALL THAT YOU AS A CUSTOMER MAY INCUR.
IF THE SERVER GOES OFFLINE WE WILL MAKE OUR BEST EFFORT TO GET IT BACK
ONLINE AS SOON AS WE IDENTIFY THE PROBLEM BUT MAKE NO GUARANTEE TO THE TIME
REQUIRED TO RESOLVE THE ISSUE. IF
YOU DISAGREE WITH THESE TERMS, DO NOT ACCEPT THEM AND DO NOT SIGN UP FOR OUR
SERVICES.