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TERMS
AND CONDITIONS
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By submitting the online order form below, Subscriber hereby agrees to the following: - In consideration for hosting services
to be delivered, Subscriber agrees to be bound to the following terms:
- Subscriber agrees to adhere to the Fullforce hosting Acceptable Use Policy.
- Fullforce Hosting reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and terms - Subscriber agrees to indemnify and hold harmless Fullforce hosting and the employees and agents of Fullforce Hosting against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. - FULLFORCE HOSTING SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE FULLFORCE HOSTING SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. FULLFORCE HOSTING PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FULLFORCE HOSTING DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE
FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS
AND FULLFORCE HOSTING SHALL HAVE NO LIABILITY THEREFORE. |
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Acceptable
Use Policy
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Introduction and Purpose This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of FULLFORCE HOSTING. ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Purpose of the FULLFORCE HOSTING Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by FULLFORCE HOSTING. FULLFORCE HOSTING reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.fullforcehosting.com/terms.php. The AUP is not an all inclusive exhaustive list and SERVER MATRIX reserves the right to modify the AUPs at any time as needed, effective upon either the posting of the modified AUPs to http://www.fullforcehosting.com/terms.php or notification to the Customer via e-mail. Acceptance and execution of the Services Agreement binds all parties to FULLFORCE HOSTING stated AUP at the time the contract is executed and as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as FULLFORCE HOSTING deems appropriate. No credits will be issued for any interruption in service resulting from policy violations. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM FULLFORCE HOSTING. Any questions or comments regarding the AUP should be
directed to: Compliance with Law Customer shall not post, transmit, retransmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. FULLFORCE HOSTING investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include,
without limitation, the following: Internet Etiquette Each Customer is expected execute reasonable Internet etiquette (Netiquette). The Customer will comply with the rules appropriate to any network to which FULLFORCE HOSTING may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against FULLFORCE HOSTING by offended users. FULLFORCE HOSTING reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group. Child Pornography
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Mass Mailings. FULLFORCE HOSTING has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of FULLFORCE HOSTING whether or not the message actually originated from our network. Mailing Lists: FULLFORCE HOSTING mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
Copyright Infringement FULLFORCE HOSTING accounts may only be used for lawful
purposes. Transmission, distribution, or storage of any information,
data or material in violation of UK, United States or state regulation
or law, or by the common law, is prohibited. This includes, but is not
limited to, material protected by copyright, trademark, trade secret,
or other intellectual property rights.
IRC Servers, Bots or software are not allowed. Suspension and Cancellation FULLFORCE HOSTING reserves the right to suspend
service to any Customer hosted on our servers for violation of the AUP.
FULLFORCE HOSTING will use reasonable care in notifying the Customer
and in resolving the problem in a method resulting in the least amount
of service interference as reasonably possible. FULLFORCE HOSTING reserves
the right to terminate service without notice for continued and repeated
violations of the AUP. Continued violations of the AUP resulting in
cancellation of services will also result in a fee in the amount of
£100 and contract acceleration for all amounts outstanding under
the contract term. |
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