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Acceptable
Use Policy (AUP) / Terms of Service Agreement (TOS)
This FatCatWebHosting Acceptable Use Policy ("AUP") describe
the proper kinds of conduct and prohibited uses of FatCatWebHosting's
hosting services (the "Services"). This AUP is not exhaustive
and FatCatWebHosting reserves the right to modify this AUP at any
time, effective upon posting of the modified AUP at www.FatCatWebHosting.com.
By registering for and using the Services, and thereby accepting the
terms and conditions of this AUP, you agree to abide by these conditions
as modified from time to time. Any violation of the AUP may result
in the suspension or termination of your account or such other action
as FatCatWebHosting deems appropriate.
Excessive
Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits
outlined by your particular web hosting package. If you use any bandwidth
or storage space in excess of the agreed upon number of megabytes
per month or if you exceed E-Mail storage and attachment size limitations,
FatCatWebHosting may, in its sole discretion, assess you with additional
charges. If FatCatWebHosting elects to take any corrective action,
FatCatWebHosting will not refund any unused pre-paid fees. Your
use of your account and access to it is your responsibility. You are
responsible for any unauthorized access to your account resulting
in bandwidth, storage and/or E-mail usage exceeding the limits outlined
in your particular web hosting package specifications and resultant
charges. Bandwidth overages are currently billed at $20/GB/month.
Disk space overages are currently billed at $.25/MB/month. Email attachments
overages are currently billed at $.10 per email over 10MB.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are charged
for all new accounts and major account changes and are non-refundable.
All pricing is guaranteed for the term of pre-payment. FatCatWebHosting
reserves the right to change prices at any time, unless other terms
have been agreed upon. Any account not brought current within a week
(7 days) of e-mail notice or exceeding this time frame in any way
is subject to complete account deactivation. The customer is responsible
for all money owed on the account from the time it was established
to the time that the customer notifies FatCatWebHosting at FatCatWebHosting.com
to request for termination of services. All payment is in U.S. currency
through paypal.com
our payment processor. All FatCatWebHosting accounts are setup on
anniversary billing cycles. 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 $25.00 fee. Please contact the billing department
at billing@FatCatWebHosting.com
should you wish to change your anniversary billing cycle. All taxes,
fees and governmental charges relating to the Services provided hereunder
(other than income taxes of FatCatWebHosting) shall be paid by Customer.
FatCatWebHosting accepts paper checks from customers for payment
of web hosting services and fees associated with your account on a
case by case basis. However, there will be a $5.00/month processing
fee for each customer paying by check. There will be no charge if
you decide to switch your payment method of billing cycle.
Cancellation
FatCatWebHosting reserves the right to cancel service at any time.
All fees paid in advance of cancellation will be pro-rated and paid
by FatCatWebHosting if FatCatWebHosting institutes its 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 FatCatWebHosting'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 the full contract
amount less any setup fees and overages will be refunded if FatCatWebHosting
is notified within the first 30 days following activation. No refund
is available after the 30th day. This policy does not apply to any
additional services such as overages, referrer logs, real audio/video,
additional disk space, additional pop accounts, etc. Please contact
cancel@FatCatWebHosting.com
for further details. Refunds will be made through paypal.com within
30 days of receipt of cancellation. To receive your refund, you must
terminate this Agreement in the manner described in above and cease
using the Services. Cancellations are processed only from 9 a.m. -
6 p.m. EST on Monday-Friday. No cancellations are processed on holidays
or weekends.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, FatCatWebHosting
is not liable to you because of the expiration or cancellation for
compensation, reimbursement or damages on account of the loss of prospective
profits, anticipated sales, goodwill or on account of expenditures,
investments, leases or commitments in connection with your business,
or for any other reason whatsoever flowing from the termination or
expiration. If you terminate this Agreement, FatCatWebHosting will
not relieve you of any obligations to pay fees and costs accrued before
the termination date or any other amounts you owe to FatCatWebHosting
under this Agreement.
IMPORTANT
NOTE
- FatCatWebHosting 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 or 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 FatCatWebHosting to
be unacceptable use of FatCatWebHosting's services including abuse
of server resources.
All
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 or 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.
-
Exporting encryption software over the Internet or otherwise,
to points outside the United States.
-
Distributing information regarding the creation of and sending
Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing,
or denial of service attacks. Also, activities that disrupt the
use of or interfere with the ability of others to effectively
use the network or any connected network, system, service, or
equipment.
-
Advertising, transmitting, or otherwise making available any software,
program, product, or service that is designed to violate this
AUP, which includes the facilitation of the means to spam, initiation
of pinging, flooding, mailbombing, denial of service attacks,
and piracy of software. Any account that is deactivated by the
abuse team will be charged the following reactivation fees:
1st offense - $25.00
2nd offense - $100.00
3rd offense - $500.00 + Account termination
This fee will only be waived if it is determined by the abuse
team that the account was disabled without cause.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail,
and will likely result in account cancellation.
FatCatWebHosting 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:
-
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.
-
Providing spamware (software used to send bulk email or software
used to harvest email addresses) or links to sites providing spamware
is strictly prohibited and subject to demand for removal or account
cancellation.
Note:
If you use the services of another provider (including but not limited
to the use of address lists obtained from a third party vendor or
provider) to promote a web site hosted by or through FatCatWebHosting
(spamvertising), then the provisions of the above Policy shall apply
as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, FatCatWebHosting
reserves the right to charge you between $1.00 - $100.00 PER SPAM
sent through our network. Your web site content will also be confiscated
and it will be NEVER returned to you.
CGI Scripts
Each shared Unix web hosting account comes with its own cgi-bin, in
which you are free to use any CGI scripts you wish.
Server Abuse
Any
attempt to undermine or cause harm to a server, or customer, of FatCatWebHosting
is strictly prohibited. Unauthorized use of other people's accounts
or computers FatCatWebHosting 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 a FatCatWebHosting customer, whether or not the attacked account
or computer belongs to FatCatWebHosting, 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.
Server Resource Abuse
Shared server accounts are limited in use of the amount of server
resources. Shared server resource abuse includes any process or service
usage that affects normal shared server operation, resources or connectivity,
and which causes a server to become overloaded. Shared server resources
include CPU and memory usage, number of concurrent processes, number
of concurrent port or database connections and total bandwidth. Possible
causes of server resource abuse include, but are not limited to, the
use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP,
SMTP, POP3 and FTP. If server resource abuse is detected, possible
actions include, but are not limited to: disabling of the offending
script or scripts, disabling of the specific service, disabling of
the entire account or account cancellation. If server overload is
a result of server resource abuse, these actions will be taken without
prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance. FatCatWebHosting
will cooperate fully with any criminal investigation into a Customer's
violation of the Child Protection Act of 1984 concerning child pornography.
Customers are ultimately responsible for the actions of their clients
over the FatCatWebHosting network, and will be liable for illegal
material posted by their clients.
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
Chat Rooms
We do not allow clients to install their own chat rooms within a shared
hosting account, without approving it with the FatCatWebHosting
Support Team. Most chat rooms tend to be large system hogs and we
cannot allow it as an account option.
FatCatWebHosting does provide a choice of Java chatrooms which should
meet most users' needs and run without hindering the performance of
the machine of our servers.
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 200 pieces of e-mail per
day from a shared hosting account. If you do send more than 200 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
200 per day your account will be moved to a special server that is
specifically designed to handle high volumes of e-mail. You will be
charged $50.00/month in addition to your regular hosting charges if
your account is moved to this server. Please contact support@FatCatWebHosting.com
to have your domain moved.
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 clients or IRC bots to be operated on
any of our servers. In addition, IRC servers are not permitted on
our network. Anyone found to be in violation of this policy risks
immediate account termination.
IP Address Overlap
FatCatWebHosting administers the network on which customer servers
reside. The customer cannot use IP addresses which were not assigned
to them by FatCatWebHosting staff. Any server found using IPs which
were not officially assigned will be suspended from network access
until such time as the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on FatCatWebHosting's
equipment is in a condition that is "server-ready," which
is in a form requiring no additional manipulation by FatCatWebHosting.
FatCatWebHosting will make no effort to validate any of this information
for content, correctness or usability. If your material is not "server-ready",
FatCatWebHosting may reject this material. FatCatWebHosting will
notify you of its refusal of the material and afford you the opportunity
to modify the material to satisfy FatCatWebHosting's requirements.
Use of the Services requires a certain level of knowledge in the use
of Internet languages, protocols and software. This level of knowledge
varies depending on the anticipated use and desired content of your
Web site. You must have the necessary knowledge to create and maintain
a Web site. FatCatWebHosting does not provide this knowledge or
customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through FatCatWebHosting'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 FatCatWebHosting 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 FatCatWebHosting network. If you use a domain
name in connection with FatCatWebHosting or similar service, you
must not use that domain name in violation of any trademark, service
mark, or similar rights of any third party.
Network Security
Customers may not use the FatCatWebHosting 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. FatCatWebHosting
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 are solely responsible for any security
breaches affecting servers or accounts under your control. If your
server or website is responsible for or involved in an attack on or
unauthorized access into another server or system, FatCatWebHosting
will shut it down immediately. You will pay any charges resulting
from the cost to correct security breaches affecting FatCatWebHosting
or any of its other customers.
Electronic Commerce
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 (c) 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 there
from.
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.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
FatCatWebHosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST FatCatWebHosting, 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 FatCatWebHosting AGAINST LIABILITIES ARISING OUT
OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH FatCatWebHosting'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 FatCatWebHosting'S
SERVER.
Disclaimer
FatCatWebHosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. FatCatWebHosting MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. FatCatWebHosting
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 FatCatWebHosting
AND ITS EMPLOYEES. FatCatWebHosting RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF FatCatWebHosting
MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION.
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