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Acceptable Use Policy
FrontServe.com
provides Web hosting to the general community. FrontServe.com has certain legal
and ethical responsibilities consisting with the use of its server and equipment
involved in these services. FrontServe.com general policy is to act as a
provider of Internet presence. FrontServe.com reserves the right to suspend or
cancel a customer's access to any or all services provided by FrontServe.com
when we decide that the account has been inappropriately used.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of
FrontServe.com is strictly prohibited. Any unauthorized use of accounts or
computers by a FrontServe.com customer, whether or not the attacked account or
computer belongs to FrontServe.com, 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 - FrontServe.com 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 on shared servers. Unacceptable uses
also include, but are NOT limited to: Bulk emailing, unsolicited emailings,
newsgroup spamming, pornographic content, illegal content, copyright
infringement, trademark infringement, warez, cracks, software serial numbers,
and/or anything else determined by FrontServe.com to be unacceptable use of
FrontServe.com's services including abuse of server resources.
Shared hosting 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, or profanity
- 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
Abuse of Web Traffic
FrontServe.com's customers are privileged to be offered a substantial amount of
allocated web traffic for their web sites; each plan has a different amount of
allocated web traffic. Any customer who violates FrontServe.com's Policies in
abusing either space/site transfer will be notified and given 2 days to remedy
the problem. If the problem is not resolved within the allotted period, the
client will be billed for the overages.
For those that use more than the allocated web traffic, the normal data transfer
cost of $6.00/1GB/month will be billed to your account.
FrontServe.com will be the sole arbiter as to what constitutes a violation of
this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will
likely result in account cancellation.
The following activities are not allowed:
- Unsolicited bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political or
religious tracts. Such messages may only be sent to those who have
explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any
domain sending stealth spam will be terminated without warning and without
refund.
- Sending numerous copies of the same or substantially similar message with
the intent to disrupt a server or account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are unwelcome in most
Usenet discussion groups and on most e-mail mailing lists. Inappropriate
posting may result in account cancellation. See the newsgroup or mailing
list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a
recipient asks to stop receiving e-mail, you must not send that person any
further messages.
Note: If you use the services of another provider to promote a web site hosted
by or through FrontServe.com (spamvertising), then the provisions of the above
Policy shall apply as if the spam were sent through our servers.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any FrontServe.com client in good
financial standing with FrontServe.com at the time of a service outage.
(2.) Service Level Agreement & Specifications
FrontServe.com endeavors to have the content of your web site available for http
access by any party in the world 99.9% of the time. Network downtime
(unavailability) is defined as 100% packet loss from FrontServe.com to its
backbone providers. Downtime is measured past 10 minutes after notification of
network failure via FrontServe.com's online ticketing system. If the ticketing
system itself is unreachable, the ticket must be started by calling the
FrontServe.com NOC. FrontServe.com's administrators will determine the end of
the downtime by a traceroute to the customer's machine from outside the
FrontServe.com network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more
than 99.9%, FrontServe.com will credit the following month's service fee as
follows. For any shared hosting client, such credit shall be retroactive and
shall be as calculated below and as measured 24 hours a day in a calendar month,
with the maximum credit not to exceed fifty (50) percent of the monthly service
charge for the affected month.
| Monthly
Uptime |
Credit |
| 95%
to 99.8% |
10% |
| 90%
to 94.9% |
20% |
| 89.9%
or below |
50% |
In order for you to receive a credit on your account, you must request such
credit within seven (7) days after you experienced the down time. You must
request credit by sending an electronic mail message to billing@frontserve.com.
Credits will usually be applied within sixty (60) days of your credit request.
Credit to your account shall be your sole and exclusive remedy in the event of
an outage.
(4.) Restrictions
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
FrontServe.com, (2.) your behavior or the performance or failure of your
equipment, facilities or applications, or (3.) circumstances beyond
FrontServe.com's reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, 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 FrontServe.com's "terms of
conditions and acceptable use policy" causing a machine to fail as a
result.
CGI Scripts
Each shared web hosting account comes with its own cgi-bin. You are free to use
any CGI scripts you wish, however we reserve the right to disable any CGI script
that effects normal shared server operation without prior warning. (this section
does not apply to managed dedicated servers)
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting
account, without approving it with the FrontServe.com Support Team. Most chat
rooms tend to be large system hogs and we cannot allow it as an account option.
However, we do provide a choice of Java chat rooms for a small extra charge that
will more than fill your needs and run without hindering the performance of the
machine for others. Note: Parachat chat rooms do not apply to this rule. They
are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 1000 pieces of e-mail per day from a
shared hosting account. If you do send more than 1000 pieces of e-mail per day,
your account will be placed on hold for Network Abuse. If you are sending
legitimate e-mails and they total more than 1000 per day your account will be
moved to a special server that is specifically designed to handle high volumes
of e-mail.
Background Running Programs
We may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed. (this section does not apply
to managed dedicated servers)
IRC
We currently do not allow IRC or IRC bots to be operated on our servers. You can
however, install IRC clients on managed dedicated servers. IRC servers are not
permitted on our network.
Cancellation
FrontServe.com reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by FrontServe.com if
FrontServe.com institutes it's right of cancellation. Any violation of policies
which results in extra costs will be billed to the customer (i.e. transfer,
space etc.)
All of FrontServe.com's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given a full refund of
the contract amount excluding setup fees, domain registration fees,
add-on/upgrade fees and overages. Setup fees are refundable only if the account
order is canceled prior to account activation. For web hosting contracts of 3
months or less, the full contract amount less any setup fees and overages will
be refunded if FrontServe.com is notified within the first 30 days following
activation. No refund is available after the 30th day. For web hosting contracts
longer than 3 months, a refund equal to one half of the contract amount less any
setup fees and overages will be given if FrontServe.com is notified prior to the
first day of the third month of the contract term. If you cancel prior to the
end of your contract term and you received special pre-pay rates, your hosting
fees will be adjusted so that you pay the regular, non-discounted monthly fees.
No refunds for any reason will be given once the third month of the contract
term has begun. This policy does not apply to any additional services such as
overages, referrer logs, real audio/video, additional disk space, additional pop
accounts, etc. Due to security concerns, all account cancellations must be done
via emai; please email billing@frontserve.com
to cancel your account. 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.
Network Security
Customers may not use the FrontServe.com 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. FrontServe.com 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.
Static / Dynamic Content Caching
You expressly (i) grant to FrontServe.com a license to cache the entirety of
your Web Site, including content supplied by third parties, hosted by
FrontServe.com 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
FrontServe.com shall maintain and control ownership of all IP numbers and
addresses that may be assigned to you by FrontServe.com and FrontServe.com
reserves, in its sole discretion, the right to change or remove any and all such
IP numbers and addresses.
Lawful Purpose
FrontServe.com reserves the right to refuse service to anyone. Customers may
only use FrontServe.com 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 FrontServe.com management. Regardless of the place of signing this
agreement, the client agrees that for purposes of venue this contract was
entered into in Tarrant County, Texas, and any dispute will be litigated or
arbitrated in Tarrant County, Texas. Defendants further waive all objections to
venue and acknowledge that venue in any such litigation will be held in Tarrant
County courts. IN NO EVENT SHALL FrontServe.com'S MAXIMUM LIABILITY EXCEED FIVE
HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD FrontServe.com
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST FrontServe.com, ITS
AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, 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 FrontServe.com AGAINST LIABILITIES ARISING OUT OF;
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH FrontServe.com'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 FrontServe.com'S SERVER.
Disclaimer
FrontServe.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
FrontServe.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR
SERVICES WE PROVIDE. FrontServe.com 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 FrontServe.com AND ITS EMPLOYEES. FrontServe.com RESERVES THE RIGHT TO
REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF FrontServe.com MUST
ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION
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