Fiber Network Hosting, Inc. (hereinafter referred to as "Fiber Network Hosting") provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Fiber Network Hosting services.
Fiber Network Hosting Service Agreement
The Fiber Network Hosting Service Agreement is a separate agreement between Fiber Network Hosting and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Fiber Network Hosting's services. Contact our sales department for any clarifications.
End User Agreement
Customers may not sublease, sub host, or give away control of any portion of their Fiber Network Hosting, Inc. space and/or resources (indulging, but not limited to, e-mail accounts, space, ftp accounts, etc.), unless otherwise stated on our website.
Content
All services provided by Fiber Network Hosting, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Fiber Network Hosting, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any Fiber Network Hosting, Inc. server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Fiber Network Hosting, Inc. servers or any other server on the internet. Links to such materials are also prohibited. All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
Fiber Network Hosting reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
You agree that Fiber Network Hosting may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service.
Server Abuse
Any attempts to undermine or cause harm to a Fiber Network Hosting, Inc. server or customer of Fiber Network Hosting, Inc. is strictly prohibited.Fine ranging from 1$ to the amount of loss incured by Fiber Network Hosting due to such an abuse.
Fiber Network Hosting, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Customers found in violation of this provision will be subject to account deactivation without refund. Fiber Network Hosting will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.
System Resource Usage
Fiber Network Hosting's system administration team determines that a customer's account is utilizing an unacceptable amount of system resources, Fiber Network Hosting may temporarily deactivate the account in question. If Fiber Network Hosting's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with five (5) days in which to either upgrade to a dedicated server or locate a new provider.In extreme cases the account/site might be terminated/suspended without any notice if the site causes extreme server load issues.
Fiber Network Hosting, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Examples of non-acceptable content or links
Pirated software
Bulk Email related products
(Pornography/Nudity/Adult Content *exceptions see below)
Hacking/cracking related websites
Warez and/or copyrighted MP3s
Illegal material or material that is against public policy
Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Fiber Network Hosting will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.
Other Illegal Activities: The use of the services to engage in any activities that are determined by Fiber Network Hosting, in its sole and absolute discretion, to be illegal or which in Fiber Network Hosting's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Fiber Network Hosting will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
Fiber Network Hosting, Inc. will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
Pornography
Pornographic Sites may be allowed provided you own the rights to use the coptrighted material. These sites must be preapproved by us. Anyone putting these sites up without our express permission are subject to immediate termination without notice. Proof must be submitted to us of your ability to use copyrighted material. Please contact our sales department for more details. Sales
Copyright Violations
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, Fiber network hosting has adopted a policy that provides for termination of websites hosted by Fiber network hosting that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Fiber Network Hosting or its subsidiaries, and the copyright holder wants Fiber Network Hosting to remove the website or disable the material in question, Fiber Network Hosting will remove the website or disable the material if the copyright holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Domain Parking Circumvention
Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.
Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as a account option. Clients are free to use any and all of the three chat systems that come pre-installed on all accounts.
Background Running Programs
(bots/daemons/monitors)
Customers are not permitted to run programs in the background on shared hosting servers. This tends to use a lot of system resources, and can impair service to other customers on that server.
Backups
Fiber Network Hosting's hosting accounts who opt for weekly backup options,include a weekly backup service, however these backups are in NO WAY GUARANTEED! due the very nature of the data and means of transfer. Customers are responsible for maintaining their own backups on their own personal computers. Fiber Network Hosting does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Fiber Network Hosting's part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
Limitation of Liability
In no event shall fiber network hosting be liable for any indirect, incidental, punitive, or other consequential damages (including, without limitation, lost profits, and damages related to corruption or deletion of website contents, email data and or database contents) arising out of or in relation to this agreement or your use or inability to use Fiber Network Hosting services (including, but not limited to, inoperability of fibernetworks servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Fiber Network Hosting has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold Fiber Network hosting and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Fiber Netwok Hostings servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Fiber Network Hostings equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Fiber Network Hostings gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Support Abuse
At Fiber Network Hosting, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service.
Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.
Cron Jobs
We do allow Cron Jobs to be conducted on our servers. You can setup and manage the cron jobs for your account from the "Cron" section of Cpanel.
IRC (Internet Relay Chat)
We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
Proxy Sites
We do not allow Proxy sites to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
Shell Access
Shell access is not provided, due to secuirty concerns. It does not come enabled on accounts by default.
Unsolicited Email (SPAM)
No Spamming (unsolicited bulk email) allowed
No material that provides sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, weapons, pirated materials, instructions on making, assembling or obtaining illegal goods or weapons to attack others. Information used to break, copyright, violate the trademark of or to destroy others property or information. Information used to illegally harm any people or animals.
Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Fiber Network Hosting's discretion). Any accounts and/or servers contained within Fiber Network Hosting's network must adhere to the above policies. Furthurmore, customer(s)/account(s) failing to follow/comply to any of the policies setforth by Fiber Network Hosting will have to pay a fine ranging from 1$ to the amount of losses incured by Fiber Network Hosting, and must be paid by the customer within 7 days, else legal action will follow.
We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to any payment given.. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.
Fiber Network Hosting, Inc. reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.
Refund Policies
No refunds are given under any reason except during the 14 day trial period. Setup fees are not refundable. Any refunds are at our sole discretion and are issued in the form of account credit.
There will be no refunds issued or credit if your account is terminated for violations of terms of service.
SSL's are not ronundable after purchase all sales are final.
Terms of Service Changes
It is the clients resposibility to keep current with the terms of service. They may be subject to change at any time and by agreeing to them you agree to occasionally review and check for any policy changes. And you are subject to follow them
