 Terms
& Conditions for Hosting |
| FULL
SERVICE HOSTING LLC Acceptable Use Policy (AUP) |
| FULL SERVICE HOSTING LLC is a leader in
creating and servicing domain names and web sites for
Internet users throughout the nation. In order to effectively
continue its purpose and create a business relationship
between FULL SERVICE HOSTING LLC and its Customers, FULL
SERVICE HOSTING LLC has set forth the following terms
and conditions which shall govern this Agreement between
the parties. These terms and conditions are intended for
the purpose of establishing operating principals. |
| TERM
|
| This Agreement between the parties shall
remain in effect between the parties unless otherwise
canceled or modified by either party in accordance with
the terms and conditions set forth in the web hosting
application attached hereto and made a part hereof. |
| INVOICING
|
| FULL SERVICE HOSTING LLC shall invoice
CUSTOMER for services rendered in accordance with the
terms and conditions set forth in the web hosting application
attached hereto and made a part hereof. These invoices will be delivered via email. |
| CPU
USAGE |
| CUSTOMER agrees that it shall not use excessive
amounts of CPU processing on any of FULL SERVICE HOSTING
LLC'S servers. Any violation of this policy may result
in CUSTOMER'S immediate termination at the sole discretion
of FULL SERVICE HOSTING LLC without prior notice. In the
event that FULL SERVICE HOSTING LLC elects to terminate
CUSTOMER on this basis, CUSTOMER shall be entitled to
a refund as set forth herein. |
|
| BAND
WIDTH USAGE |
| CUSTOMER agrees that BAND WIDTH usage shall
not exceed the number of megabytes per month as set forth
in the web hosting application attached hereto and made
a part hereof. This usage shall be monitored by FULL SERVICE
HOSTING LLC and shall be measured on the HTTP port. Any
BAND WIDTH usage in excess of the agreed upon number of
megabytes per month may result in the immediate termination
of CUSTOMER at the sole discretion of FULL SERVICE HOSTING
LLC without prior notice. In the event that FULL SERVICE
HOSTING LLC elects to terminate this Agreement, pursuant
to this provision, CUSTOMER shall not be entitled to a
refund. |
|
| UNSOLICITED
COMMERCIAL EMAIL/UNSOLICITED BULK EMAIL (UCE/UBE) |
Unsolicited commercial email (UCE) is defined
by FULL SERVICE HOSTING LLC as any electronic communication
(e-mail, ICQ, IRC, Instant Messenger, etc…) sent
for purposes of distributing commercial information of
any kind, soliciting the purchase or sale of products
or services or soliciting any transfer of funds to a recipient
who has not agreed to receive such communication.
Unsolicited bulk e-mail (UBE) is defined by FULL SERVICE
HOSTING LLC as any electronic communication (e-mail, ICQ,
IRC, Instant Messenger, etc…) to multiple recipients
who have not agreed to receive such communication.
Use of the FULL SERVICE HOSTING LLC network, servers or
services to transmit any unsolicited commercial or unsolicited
bulk-e-mail is expressly prohibited, as is hosting web
sites or services on a server which are advertised in
any UCE/UBE. FULL SERVICE HOSTING LLC also prohibits the
sending of any fraudulent, malicious, harassing, false
or misleading electronic communications, including, without
limitation, chain letters, pyramid schemes, or e-mails
with forged headers. Posting off-topic advertisements
to Usenet discussion groups, ICQ, Instant Messenger, etc.,
is also expressly prohibited. Additionally, FULL SERVICE
HOSTING LLC customers are expressly prohibited from sending
any UCE/UBE from our network or any email from another
network that in any way references a document, image,
or Web site that resides on any FULL SERVICE HOSTING LLC
Servers or anywhere on the FULL SERVICE HOSTING LLC network.
Violations of this type may result in the termination
of the offending FULL SERVICE HOSTING LLC account. Our
customers are ultimately responsible for any violations
of the AUP by their clients, and any violation of the
AUP by a client of a FULL SERVICE HOSTING LLC customer
shall be deemed a violation of the AUP by such FULL SERVICE
HOSTING LLC customer.
Customers whose actions directly or indirectly result
in FULL SERVICE HOSTING LLC IP space being listed in any
of the various abuse databases may be subject to having
the offending domain(s), server(s), or user(s) immediately
removed from our network. In addition, if FULL SERVICE
HOSTING LLC in its sole discretion determines that a customer
is in violation of our AUP, FULL SERVICE HOSTING LLC may,
at its sole discretion, restrict, suspend or terminate
a customer's account. FULL SERVICE HOSTING LLC will, in
most cases, attempt to contact a customer prior to suspension
or termination of a server(s), but can not guarantee prior
notification. Any server suspended or terminated for AUP
violations will be reconnected only after the customer
agrees to cease all activities that violate the FULL SERVICE
HOSTING LLC AUP and pays all applicable reconnect fees
and related charges. Any server suspended a second time
for AUP violations WILL be immediately and permanently
removed from our network.
Customers that FULL SERVICE HOSTING LLC determines in
its sole discretion to be in violation of the FULL SERVICE
HOSTING LLC AUP may be subject to additional fees or fines
including, without limitation, any applicable reconnect
fees.
Violation of FULL SERVICE HOSTING LLC's UCE/UBE policy
may be reported to abuse@kalliopi.com.
Customers seeking to send any permission-based email marketing
should read Guidelines for Permission-Based Email to see
our guidelines for sending this type of communication.
|
|
| Guidelines
for Permission-Based Email |
While FULL SERVICE HOSTING LLC prohibits
the use of its systems or network to send unsolicited
email (UCE/UBE) as described above, customers may send
permission-based email marketing, subject to the guidelines
provided herein. Permission-based marketing is defined
as electronic marketing that an end user agrees to receive.
This is often referred to as 'opt-in' electronic marketing.
All recipient information for such marketing conducted
by FULL SERVICE HOSTING LLC customers must be documented
and cataloged by the customer. This information is to
include date, time, originating IP and the location
from which the email address or other recipient information
was obtained. Additionally, a customer must at a minimum
comply with the following guidelines, and any additional
guidelines established by FULL SERVICE HOSTING LLC from
time to time in its sole discretion, to engage in permission-based
email marketing without violating the AUP:
- All commercial or bulk email originating from a
FULL SERVICE HOSTING LLC customer on the FULL SERVICE
HOSTING LLC network must have a working unsubscribe
link. The customer must honor all requests to unsubscribe
within 72 hours. Additionally, there must be text
in the email stating that while all requests to unsubscribe
are honored, it may take up to 72 hours to process.
- All commercial or bulk email originating from a
FULL SERVICE HOSTING LLC customer on the FULL SERVICE
HOSTING LLC network must clearly list the email address
to which the email was originally sent (the intended
recipient's email address) in the body of the message
OR in the 'TO:' line of the email.
- All FULL SERVICE HOSTING LLC customers sending commercial
or bulk email must have a working abuse@domain.com
address from EVERY domain associated with the email
campaign. Additionally, the abuse@ address must be
prominently posted on the front page of the associated
web site. Customers must regularly answer any messages
sent to the abuse@ address.
- All FULL SERVICE HOSTING LLC customers sending commercial
or bulk email must register the abuse@ address for
every domain associated with commercial email they
send at abuse.net.
- All FULL SERVICE HOSTING LLC customers sending commercial
or bulk email must have a Privacy Policy/AUP posted
for each domain associated with the email campaign.
- All commercial or bulk email sent must include information
about where the email address was obtained in the
body of the email. For example:
"You opted-in to receive this email promotion
from our web site or from one of our partner sites."
- All FULL SERVICE HOSTING LLC customers sending
commercial or bulk email must answer all complainants'
requests for details regarding where the complainant
"opted-in" to receive electronic marketing
within 72 hours. This information must include the
date, time, originating IP and the location from which
the email address or other recipient information was
obtained. Instructions on how to get this information
must be stated clearly in the body of the email. For
example, a statement similar to the following must
be present in the body of the email:
"If you would like to learn more about how we
received your email address, please contact us at
abuse@domain.com."
Requests for "opt-in" information must be
responded to within 72 hours.
- All FULL SERVICE HOSTING LLC customers sending commercial
or bulk email must be able to track and identify anonymous
complainants. There are several software packages
(such as RoboMail) that can help accomplish this.
- If a FULL SERVICE HOSTING LLC customer is using
an affiliate program to send commercial or bulk email
through the FULL SERVICE HOSTING LLC network and the
affiliate program becomes subject to repeated abuse
by users, the customer must discontinue use of the
affiliate program or be subject to immediate suspension
or cancellation.
- All customers of FULL SERVICE HOSTING LLC are required
to have up-to-date and valid contact information on
file with their registrar for any domain hosted on
the FULL SERVICE HOSTING LLC network.
|
|
| Disclaimer
|
- FULL SERVICE HOSTING LLC reserves the right to test
portions of any customer's email list in response
to complaints and request opt-in information from
a random sample of that list at any time.
- FULL SERVICE HOSTING LLC reserves the right to determine
in its sole discretion the validity of any customer's
email list. Any list FULL SERVICE HOSTING LLC determines
in its sole discretion to be in violation of this
AUP must be removed immediately or the customer will
be subject to immediate suspension or termination.
Repeated violations will result in permanent suspension.
- FULL SERVICE HOSTING LLC reserves the right to test
and otherwise monitor customer's compliance with the
above guidelines and requirements at any time during
the customer's term of service at FULL SERVICE HOSTING
LLC.
- If FULL SERVICE HOSTING LLC determines in its sole
discretion that the customer is not in strict compliance
with the guidelines for permission-based e-mail marketing,
then FULL SERVICE HOSTING LLC may immediately suspend
or terminate the customer's service.
|
|
| LOG
FILES |
| Although CUSTOMER is given temporary access
to the raw log files in the /logs/ folder of their site
content, FULL SERVICE HOSTING LLC reserves the right to
delete any log files older than 1 month, or that are taking
up space beyond the space allocated with the account CUSTOMER
has signed up for. |
|
| TERMINATION
|
Either party may terminate this Agreement
without cause upon 30 days written notice to the other
party. An internal ticket with "Terminate Account" in the title submitted through the secure hosting control panel shall be deemed adequate notice by either
party. Nothing in this paragraph however shall limit FULL
SERVICE HOSTING LLC'S right to terminate CUSTOMER immediately
and without prior notice for improper use and violations
as set forth herein.
In the event that FULL SERVICE HOSTING LLC elects to terminate
CUSTOMER as a result of its improper acts and breach of
the terms and conditions contained herein, CUSTOMER shall
not be entitled to a refund of the balance. IN NO EVENT
SHALL CUSTOMER BE ENTITLED TO A REFUND OF ANY SET UP FEES.
In the event CUSTOMER elects to terminate this Agreement,
same shall be considered a breach and CUSTOMER shall not
be entitled to any refund.
In the event that FULL SERVICE HOSTING LLC elects to terminate
CUSTOMER without cause, CUSTOMER shall receive a full
refund of any balance. However, if CUSTOMER terminates
this Agreement without cause, and in accordance with the
notice provision set forth herein, there shall be NO REFUND
of the Set Up Fee or any remaining balance. |
|
| LIABILITY
|
CUSTOMER agrees that FULL SERVICE HOSTING
LLC shall have no liability for the services, data or
information provided to the public on the Internet including
but not limited to any liability for consequential, indirect,
special or incidental damages, regardless of the success
or effectiveness of other remedies.
CUSTOMER further agrees that FULL SERVICE HOSTING LLC
shall not be liable for any damages or losses sustained
by CUSTOMER for business or other activities conducted
on the Internet including but not limited to consequential,
indirect, special or incidental damages.
CUSTOMER agrees that it shall not hold FULL SERVICE HOSTING
LLC liable for any loss of business, lost opportunity,
consequential, indirect, special or incidental damages
as a result of any interruption in service.
IN NO EVENT SHALL FULL SERVICE HOSTING LLC'S LIABILITY
EXCEED THE TOTAL VALUE PAID TO FULL SERVICE HOSTING LLC
BY CUSTOMER. |
|
| REPRESENTATION
AND/OR WARRANTIES |
| FULL SERVICE HOSTING LLC makes no representations
and cannot guarantee that CUSTOMER'S domain name does
not infringe upon any trademarks, trade names, service
marks or other proprietary rights owned by a third party.
CUSTOMER shall not hold FULL SERVICE HOSTING LLC liable
for any damages, injuries or losses incurred by CUSTOMER
as a result of any action instituted by a third party.
|
| MULTIPLE
ACCOUNTS |
| FULL SERVICE HOSTING LLC reserves the right
to discontinue service on all CUSTOMER accounts and domains
at any time if any of said accounts or domains are considered
to be violation of the terms and conditions of this agreement.
|
| SECURITY
|
| CUSTOMER understands that the Internet
and other various networking communications are not secure,
unless explicitly specified as such. FULL SERVICE HOSTING
LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. IN NO EVENT SHALL FULL SERVICE HOSTING LLC BE
LIABLE FOR ANY DAMAGES OR LOSSES, EITHER CONSEQUENTIAL,
INDIRECT, SPECIAL OR INCIDENTAL INCURRED BY CUSTOMER.
IN NO EVENT SHALL FULL SERVICE HOSTING LLC'S LIABILITY
EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN FULL SERVICE
HOSTING LLC AND CUSTOMER. |
|
| APPLICABLE
LAWS |
CUSTOMER will ensure that its use of the
Internet and any service provided by FULL SERVICE HOSTING
LLC to it complies with all applicable federal, state
and local laws and regulations, including but not limited
to all laws pertaining to copyright, trademark, proprietary
information, intellectual property rights, defamation,
tortious interference with business, invasion of privacy,
and pornography*. In the event that CUSTOMER violates
this provision, FULL SERVICE HOSTING LLC shall have the
right to consider same a breach of this Agreement by CUSTOMER
which shall entitle FULL SERVICE HOSTING LLC to terminate
CUSTOMER immediately without prior notice.
* It shall be within the sole discretion of FULL SERVICE
HOSTING LLC to deem material as pornographic or inappropriate. |
| INTEGRITY
OF INFORMATION |
| CUSTOMER is solely responsible for validating
the integrity of the information and data it receives
or transmits over the Internet. |
| ACCOUNT
SECURITY |
CUSTOMER shall be solely responsible for
protecting the security of its Internet account and usage.
CUSTOMER'S password shall be considered private information
and shall not be disseminated or in any other manner disclosed
and/or transferred to third parties. FULL SERVICE HOSTING
LLC shall not be liable for any breach of security caused
by CUSTOMER or third parties. IN NO EVENT SHALL FULL SERVICE
HOSTING LLC'S LIABILITY EXCEED THE TOTAL COST OF THIS
CONTRACT BETWEEN FULL SERVICE HOSTING LLC AND CUSTOMER.
FULL SERVICE HOSTING LLC will use its best efforts to
maintain the integrity and security of CUSTOMER'S password.
|
| RESALE
OF WEB SPACE |
| CUSTOMER may resell web space within their
own account. CUSTOMER, however, shall remain solely responsible
for the entire domain site content. The same Terms of
Service Agreement shall govern any domain site resold
within an account. |
| DOMAIN
NAME OWNERSHIP |
| CUSTOMER shall be responsible for all costs
and fees associated with its domain name including, but
not limited to all costs and fees for moving same. CUSTOMER
shall make payment directly to the issuer. Under no circumstances
shall FULL SERVICE HOSTING LLC be responsible for this
cost. . |
| LEGAL
ACTION |
| CUSTOMER agrees to indemnify and hold FULL
SERVICE HOSTING LLC harmless in any legal action which
arises as a result of CUSTOMER'S use of FULL SERVICE HOSTING
LLC services, without limitation or exception including,
but not limited to any action brought against CUSTOMER
by a third party. |
| JURISDICTION
AND GOVERNING LAW |
| This Agreement shall be governed by the
laws of the State of Washington and jurisdiction shall
lie within the State of Washington. CUSTOMER HEREBY CONSENTS
TO SUBMIT TO THE JURISDICTION OF THE STATE OF WASHINGTON.
|
| HEADINGS
|
| Headings in this Agreement are for convenience
only and shall not be used to interpret or construe these
provisions. |
| MODIFICATION
|
| The terms and conditions of this Agreement
may be modified at the discretion of FULL SERVICE HOSTING
LLC with 30 days notice to CUSTOMER. |
| ENTIRE
AGREEMENT |
This Agreement supersedes all Agreements
previously made between the parties pertaining to the
subject matter of this Agreement. There are no other understandings
or Agreements.
Failure to properly notify FULL SERVICE HOSTING LLC via
e-mail, telephone or regular mail of your disagreement
with the above terms and conditions will constitute CUSTOMER'S
acceptance of same. |
|
| RENEWAL
|
If not canceled by CUSTOMER, this Agreement
will automatically self-renew aftereach billing
period for an additional billing period.
CUSTOMER'S failure to properly notify FULL SERVICE HOSTING
LLC of its objections to any of the terms and conditions
set forth herein shall constitute CUSTOMER'S acceptance
of same.
This Agreement shall automatically renew itself for an
additional billing
period period unless otherwise canceled
or terminated by either party in accordance with the notice
provision set forth herein.
In the event this Agreement is automatically renewed,
CUSTOMER agrees to be bound by the Terms and Conditions
currently in effect. FULL SERVICE HOSTING LLC current
Terms and Conditions may be viewed at www.fullservicehosting.com |
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