Join Date: Oct 2003
STANDARD TERMS OF SERVICE
FastNetServers has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
FastNetServers general policy is to act as a provider of Internet presence. FastNetServers has specific ethical concerns regarding the use of its computers detailed below. FastNetServers reserves the right to suspend or cancel a customer's access to any or all services provided by FastNetServers when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of FastNetServers is strictly prohibited.
Unauthorized use of other people's accounts or computers FastNetServers will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by an FastNetServers customer, whether or not the attacked account or computer belongs to FastNetServers, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - FastNetServers has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by FastNetServers to be unacceptable use of FastNetServerss services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred,
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any
group or individual
Displaying material that exploits children under 18 years of age
Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
FastNetServers takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed: By way of example, and not limitation, uses described below are expressly prohibited:
Deceptive or fraudulent practices.
Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, Allegiance, or otherwise, in its use or enjoyment of any Allegiance Service.
System and Network:
The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.
Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).
Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering on someone else's site or network.
Attempting to circumvent host or user authentication or other security measures of any host, network or account.
Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.
Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers or with whom the sender did not have an existing business relationship ("E-mail spam"). Allegiance reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.
Harassment including, but not limited to, through language, frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
Creating or forwarding "chain letters" or other " schemes" of any type.
Use of unsolicited E-mail originating from within Allegiance's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by Allegiance, or connected via Allegiance's network.
Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam").
Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from Allegiance's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by Allegiance, or via Allegiance's network.
Posting chain letters of any type.
Posting encoded binary files to newsgroups not named for that purpose
Cancellation or superseding of posts other than your own
Forging of header information of the poster's account or service.
III. Additional Obligations
Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.
Note: If you use the services of another provider to promote a web site hosted by or through FastNetServers (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
99.5% Uptime Guarantee
This 99.5% uptime guarantee applies to any FastNetServers client in good financial standing with FastNetServers at the
time of a service outage.
(2.) Service Level Agreement & Specifications
FastNetServers endeavors to have the content of your web site available for http access by any party in the world 99.5% of the time. Network downtime (unavailability) is defined as 100% packet loss from FastNetServers to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via FastNetServers's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the FastNetServers NOC. FastNetServers's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the FastNetServers network.
For unmanaged dedicated server and co-location customers your account will be credited $1.00 per hour that the server is unreachable. This will take affect as soon as there is a ticket put into the ticket system.
In order for you to receive a credit on your account, you must request such credit within twenty four (24) hours after you
experienced the down time. You must request credit by putting a ticket into the trouble ticket system and them emailing billing requesting a credit with the ticket number. For security, the body of this message must contain your account number, the dates
and times of the unavailability of your website, and such other customer identification requested by FastNetServers. Credits
will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at FastNetServers, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond FastNetServers's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, worms or viruss, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in FastNetServers's "terms of conditions and acceptable use policy" causing a machine to fail as a result.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes are non-refundable. All pricing is guaranteed for the term of pre-payment. FastNetServers reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (5 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies FastNetServers at billing@FastNetServers.com to request for termination of services. All payment is in U.S. currency. FastNetServers will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All FastNetServers accounts are setup on bi monthly billing cycle. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@FastNetServers.com should you wish to change your anniversary billing cycle.
FastNetServers reserves the right to cancel service at any time. All fees are non refundable. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) We require that the customer give 10 days notice prior to billing period to cancel their service with FastNetServers
Due to security concerns, all account cancellations must be done in writing and sent to FastNetServers. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.
Intellectual Property Rights
Material accessible to you through FastNetServers's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use FastNetServers or its servers and network in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any material, which you access or receive through the FastNetServers network. If you use a domain name in connection with FastNetServers or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the FastNetServers network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search
of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or
crash a host or network. FastNetServers will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users
who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (B) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and © ensuring that the content
and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to FastNetServers a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by FastNetServers under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
FastNetServers shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by FastNetServers and FastNetServers reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
FastNetServers reserves the right to refuse service to anyone. Customers may only use FastNetServers server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of FastNetServers management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Miami-Dade County, Florida, and any dispute will be litigated or arbitrated in Miami-Dade County, Florida. Defendants further
waive all objections to venue and acknowledge that venue in any such litigation will be held in Miami-Dade County courts. IN NO EVENT SHALL FASTNETSERVERS'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD FASTNETSERVERS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST FASTNETSERVERS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS FASTNETSERVERS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH FASTNETSERVERS'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM FASTNETSERVERS'S SERVER.
FASTNETSERVERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. FASTNETSERVERS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. FASTNETSERVERS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF
DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY FASTNETSERVERS AND ITS EMPLOYEES. FASTNETSERVERS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME WITHOUT NOTICE.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF FASTNETSERVERS MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Technical Support Manager
"make the web work for you"