Introduction

This is the formal agreement between the customer, herein referred to as "Customer" and FazeWire Web Services, LLC, herin referred to as "FazeWire". This contract lays out the terms and conditions of service with FazeWire. These terms and conditions are subject to change at any time without notification. Change of these terms does not justify a refund, early termination of a contract, or right to non-payment.

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 cancellation requests need to be placed online, or your account will be suspended until you bring your account up to date. If left delinquent for a long amount of time (as defined by FazeWire), we can choose to drop the account, terminate it, and remove all data. In the case there is communication outside normal support avenues, your identity will be confirmed with the security questions on your account. If those do not exist, the name, email and street address will be confirmed. You are responsible for keeping all account information up to date in our client area, and contacting us if you believe there is a problem in communication. All accounts are closely monitored for suspicious activity.

Bandwidth Overages

If the customer goes over the monthly allowed bandwidth limit (Data Transfer Limit), FazeWire reserves the right to charge a total of $0.05 USD Per Megabyte 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 deems to impact its customers or its ability to deliver services to its customers.

Refund Policy

Full 30 day, money back guaranteed refund is for shared hosting only. Reseller and VPS hosting are eligible for a partial refund of their first month, outside of our licensing costs. To get a refund, submit a cancellation request through the client area, cancellations are not accepted via email, ticket, chat, or email. Dedicated, Colocation, and all other services are not eliglible for a refund.

Acceptable Use Policy

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. Your account can be instantly suspended while you present a plan of action, and your server can be cancelled without refund.

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. Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

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.

Bulk Email
Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must have the source of the addressee's addresses available on request by FazeWire.

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 2% 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 any losses or otherwise).

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.