Introduction
During the term of its agreement with “FazeWire”, the customer must ensure that
the use of any resource offered to the customer or owned or controlled by
“FazeWire” ("Service") conforms with FazeWire's then current Acceptable Use
Policy ("AUP"). FazeWire Hosting reserves the right to modify, without prior
notice, the AUP, as FazeWire Hosting deems appropriate; such modified AUP is
effective upon posting on FazeWire's website. Customers will automatically be
notified of the change. The customer cannot cancel their service if they
disagree with the Acceptable Use Policy. If the customer has had his/her account
for more then thirty days he/she cannot cancel it to get a full refund.
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. Accounts are
closely monitored for suspicious activity.
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 Hosting deems to impact its customers or its ability to deliver
services to its customers. Such activities may include, but are not limited to:
Obscene Speech or Materials
The distribution of child 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 "spam"ing (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.
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.
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). Again, your web space is
not for data back up. It is only 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.
Customer Responsibilities
Bulk Email
Customers sending bulk email must provide recipients with an easy and effective
mechanism for removal from bulk email list. Customer must include the source of
the addressee's address in each bulk email message.
CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy"
scripts or Flash/shockwave files. By heavy we mean 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 30% 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 with out 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 rule does not apply to personal music that the customer
has 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, New York
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 with out refund, as well as criminal prosecution where deemed
necessary.
LIMITATION OF LIABILITY:
FazeWire Hosting (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 (FazeWire Hosting) shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of FazeWire Hosting (FazeWire
Hosting) servers. All damages shall be limited to the immediate termination of
service. FazeWire Hosting (FazeWire Hosting) shall be the sole arbiter of what
is and is not a violation of these acceptable use policies. FazeWire Hosting
(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
(FazeWire Hosting ) reserves the right to delete all content and files upon
termination. FazeWire Hosting (FazeWire Hosting) reserves the right to withhold
any pre-paid funds for any site removed for violations of these policies.
FazeWire Hosting (FazeWire Hosting) reserves the right to refuse, cancel, or
suspend service at our sole discretion. FazeWire Hosting (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 (FazeWire Hosting) reserves the right to decrease a customers
bandwidth and/or space allotted without warning.
Bandwidth Overages
If the customer goes OVER the monthly allowed bandwidth limit (Data Transfer
Limit), FazeWire Hosting reserves the right to charge a total of \$10 USD Per
Gigabyte over the monthly bandwidth limit.