The following is the entire Acceptable Use Policy ("AUP") and Terms Of Service ("TOS")
agreement between Family First Hosting ("Family First Hosting") and the personal or corporate account
holder ("YOU/YOUR/Customer").
Family First Hosting provides World Wide Web Hosting, Marketing, and Development.
Family First Hosting has certain legal and ethical responsibilities consisting
with the use of its servers and equipment involved in these services.
Family First Hosting general policy is to act as a provider of Internet presence. Family First Hosting reserves
the rights to suspend or cancel a customer's access to any or all services
provided by Family First Hosting 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 Family First Hosting is
strictly prohibited.
Family First Hosting 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 theft, security hole scanning, etc.
Any unauthorized use of
accounts or computers by YOU, whether or not the attacked account or computer
belongs to Family First Hosting, will result in action against YOU. Possible actions include
warnings, account suspension or cancellation, as well as civil or criminal legal
action, depending on the seriousness of the attack.
IMPORTANT NOTE - Family First Hosting
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.
YOU may not run IRC, bots or clients on
shared servers. Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailing, newsgroup spamming, pornographic content,
illegal content, copyright infringement, trademark infringement, warez sites
(including links to/from), cracks, software serial numbers, proxy-relaying, link
farming (the act of or by use of scripts), link grinding, link-only sites,
spamdexing, FFA (Free-For-All) and/or anything else determined by Family First Hosting to be
unacceptable use of our services including abuse of server resources.
WEB
APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are
out-of-date and actively being exploited will be shut down immediately without
prior notice. YOU are responsible for and should evaluate YOUR web-based
applications and scripts on a regular basis to ensure their security and
orderliness.
Shared hosting accounts may also be terminated if it includes the
following content or 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; promoting physical harm or injury against
any group or individual; displaying material containing obscene nudity or
pornographic material (not applicable to managed dedicated servers);
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.
STORAGE SPACE ABUSE
Family First Hosting will not tolerate any form of storage space abuse. At least 90% of
YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored
on Family First Hosting servers. Website that are found to contain either/or no HTML
documents, a large number of unlinked files are subject to files deletion or
account cancellation at the discretion of Family First Hosting Management ("MANAGEMENT"),
with or without prior notice.
If YOU do not qualify for the free service,
disk space will go unmonitored until YOU reach the amount allocated to YOUR
specific web hosting plan ("PLAN"). Thereafter, YOU will not be permitted to
use additional disk space until you upgrade YOUR PLAN to one which allows for
greater disk space usage.
This does not apply to co-location clients.
Co-location clients will be billed for the overages based on switch reports.
Co-location clients must pay for the overages IMMEDIATELY once billed or THE
HOST has the sole decision to deactivate any and all servers.
Family First Hosting will
be the sole arbiter as to what constitutes a violation of this provision.
BANDWIDTH ABUSE
The intention of Family First Hosting is to provide a large bandwidth to transfer web
documents, and not an offsite storage area for electronic files. If YOU
violate this condition, YOU will be notified and given 48 hours to remedy the
problem. Failure to do so will result in YOU being billed for the overages.
If YOU do not qualify for the free service, traffic will go unmonitored until
YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter,
normal data transfer cost of $1.10/1GB/month will be billed to YOUR account.
YOU will have 3 days to pay for your overages. Failure to do so will result in
YOUR website being disabled within 3 days of YOUR first notice. This does not
apply to co-location clients. Co-location clients will be billed for the
overages based on switch reports. Co-location clients must pay for the
overages IMMEDIATELY once billing or Family First Hosting has the sole decision to
deactivate any and all servers.
Family First Hosting will be the sole arbiter as to what
constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and
will likely result in account cancellation.
Family First Hosting takes a zero-tolerance
approach to SPAM originating from its servers or for spam advertising of
domains hosted within our network. If found, we will charge YOU up to $25 per
unsolicited email message sent and delete YOUR account with any prior notice.
The following activities are not allowed: SPAM, which 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 - 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. 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 website hosted by or through Family First Hosting ("spamvertising"),
then the provisions of the above policy shall apply as if the SPAM were sent
through our servers.
UPTIME GUARANTEE
If your shared / reseller server has a physical downtime that is not within
the 99.9% uptime you may receive one month of credit on your account. Approval
of the credit is at the discretion of Family First Hosting dependant upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's network
capacity/transit availability.
The uptime of the server is defined as the
reported uptime from the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services. To request a
credit, please contact support@familyfirsthosting.com with justification. All
requests must be made in writing via email. Uptime guarantees only apply to
shared / reseller solutions. Dedicated servers are covered by a network
guarantee in which the credit is prorated for the amount of time the server is
down which is not related to our uptime guarantee.
TECHNICAL SUPPORT BOUNDARIES
Family First Hosting provides technical support for YOU that encompasses within our area
of expertise only. Such expertise includes assistance, troubleshooting, and
debugging of our cPanel control panel interface, servers within our immediate
responsibility and any other hosting related issues.
However, in under no
circumstances is Family First Hosting neither obligated to help YOU in the installations
of new application modules, templates and/or programming languages, nor in
providing assistance for any errors produced by any applications that have
been modified by YOU previously. We will only provide assistance in making
sure any EasyApps applications that are installed through the cPanel control
panel interface are installed as directed.
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 rights to disable any CGI
script that effects normal shared server operation without prior notice. (this
section does not apply to managed dedicated servers)
CHAT ROOMS
We do not allow YOU to install YOUR own chat rooms within a shared hosting
account, without approving it with Family First Hosting. This includes, but not limited
to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web
application that provides 'real-time' chat is also not permitted. Most chat
rooms tend to be large system hogs and we cannot allow it as an account
option. However, web based forums such as vBulletin, phpBB or similar forum
scripts are acceptable.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any
one given time and/or more than 1,000 pieces of e-mail per day from a shared
hosting account with a maximum filesize of 20MB per email message. If YOU
violate Family First Hosting policies persistently in email activities, YOUR account will
be suspended and deleted.
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. IRC
servers are not permitted on our network. YOU can however, install IRC clients
on managed dedicated servers. The installation and/or execution of a script
and/or binary that runs in the background or listens to any given port are
also strictly prohibited.
PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Setup fees are charged for all
new accounts as well as major account changes and are non-refundable. All
pricing is guaranteed for the term of pre-payment. Family First Hosting 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 suspension. YOU are
responsible for all fees owed on the account from the time it was established
to the time that YOU notifies Family First Hosting to request for termination of services.
All payment is in U.S. currency. Family First Hosting will bill each client $50 per
returned check, per wire transfer received and per credit card chargeback
received. All Family First Hosting 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 $50.00 fee. Please contact the billing
department at support@familyfirsthosting.com should you wish to change your
anniversary billing cycle.
CANCELLATION OF SERVICE
Family First Hosting reserves the right to cancel a service at any time. All fees paid in
advance of cancellation will be pro-rated and paid by Family First Hosting if we
institutesour right of cancelation. Any violation of policies which results
in extra costs will be billed to YOU (i.e. transfer, space etc.).
All of Family First Hosting's
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.
If YOU cancel, the full contract amount less any setup fees and
overages will be refunded if Family First Hosting is notified in writing by email within the first 30 days
following activation. This policy does not apply to any additional services
such as overages, referrer logs, real audio/video, additional disk space,
additional pop accounts, domain registration fees, etc. For credit card
payment, refunds will be made to a PayPal account made available by the
Customer after the 120th day. Refund policy will not be made available to
Customers using wire transfers.
All account cancellations must be done via our
cancellation form at YOUR hosting account control panel. Phone or email
requests will not constitute acceptance of any cancellation.
PROMOTIONAL RATES & SPECIAL OFFERS
Family First Hosting may offer subsequent promotional rates or special offers, the terms
of which may or may not be more favorable than the terms and conditions for
YOUR Services. Any such promotions or modifications shall not affect YOUR
obligations under this Agreement. Promotional fees may be subject to
additional terms and conditions which, to the extent they conflict with the
terms of this Agreement, shall govern. Different promotional fees and special
offers may not be combined together.
FIRST MONTH FREE
Family First Hosting may offer a first month free or free trial offer from time to time.
This offer only applies to new customers and may be used under the following conditions:
First Month Free means that the one month price for the cheapest hosting plan will be deducted from the
total cost of the initial web hosting order of a new customer. This is not applicable to existing customers and
this amount will be deducted from any refund the customer may be entitle to due to voluntary account termination.
This offer may be modified, canceled, or refused at any time by Family First Hosting without notification of
any kind prior to, during, or after such action at the soul discretion of Family First Hosting.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Family First Hosting's services may be subject to
protection under the United States or other copyright laws, or laws protecting
trademarks, trade secrets and proprietary information. Except when expressly
permitted by the owner of such rights, YOU must not use Family First Hosting or its
servers and network in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material that you access
or receive through the Family First Hosting's network. If YOU use a domain name in
connection with Family First Hosting 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 Family First Hosting 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 YOU, logging into a
server or account YOU are 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. YOU 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. Family First Hosting will cooperate fully
with investigations for 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.
ELECTRONIC COMMERCE
YOU will be solely responsible for the development, operation and maintenance
of YOUR online store and products along with all content 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 website. YOU will
keep all such information confidential and will use the same degree of care
and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
YOU expressly
(i) grant to Family First Hosting a license to cache the entirety of YOUR
website, including content supplied by third parties, hosted by Family First Hosting 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
Family First Hosting shall maintain and control ownership of all IP numbers and addresses
that may be assigned to YOU by Family First Hosting. Family First Hosting reserves, in its sole
discretion, the right to change or remove any and all such IP numbers and
addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay Family First Hosting prior to the effectiveness of the desired domain
name registration, the then-current amount set forth in the Family First Hosting price
schedule for the initial registration of the domain name and, should YOU
choose to renew the registration, subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if YOUR domain name
registration is suspended, canceled or transferred prior to the end of YOUR
then current registration term. Family First Hosting reserves the right to change fees,
surcharges, renewal fees or to institute new fees at any time, for any reason,
at its sole discretion. YOUR requested domain name will not be registered
unless and until we receive actual payment of the registration fee, and have
confirmed YOUR registration in an email from Family First Hosting to the email address
indicated in YOUR registration application. In the event of a chargeback by
a credit card company (or similar action by another payment provider allowed
by Family First Hosting) in connection with the payments of the registration fee for YOUR
domain name registration, YOU agree and acknowledge that the domain name
registration shall be transferred to Family First Hosting as the paying entity for that
registration to the registry and that we reserve all rights regarding such
domain name including, without limitation, the right to make the domain name
available to other parties for purchase. Family First Hosting will reinstate YOUR domain
name registration solely at Family First Hosting discretion, and subject to our receipt
of the initial registration or renewal fee and our then-current reinstatement
fee.
Transfer domain registrar to Family First Hosting
YOU agree to pay Family First Hosting prior
to the effectiveness of the desired domain name transfer request, the
then-current amount set forth in the Family First Hosting price schedule for the initial
transfer request of the domain name. YOU agree and acknowledge that the domain
name transfer will fail, and all fees are non-refundable, for the following
reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other
than during the first 60 days of initial registration or during the first 60
days after a registrar transfer
Family First Hosting reserves the right to change fees,
surcharges, renewal fees or to institute new fees at any time, for any reason,
at its sole discretion. YOUR requested domain name will not be registered
unless and until we receive actual payment of the registration fee, and have
confirmed YOUR registration in an email from Family First Hosting to the email address
indicated in YOUR registration application. In the event of a chargeback by a
credit card company (or similar action by another payment provider allowed by
Family First Hosting) in connection with the payments of the registration fee for YOUR
domain name registration, YOU agree and acknowledge that the domain name
registration shall be transferred to Family First Hosting as the paying entity for that
registration to the registry and that we reserve all rights regarding such
domain name including, without limitation, the right to make the domain name
available to other parties for purchase. Family First Hosting will reinstate YOUR domain
name registration solely at Family First Hosting discretion, and subject to our receipt
of the initial registration or renewal fee and our then-current reinstatement
fee.
Transfer domain registrar away from Family First Hosting
Family First Hosting reserves all
rights, without limitation, to reject the domain name transfer request for
the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered
Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days
or other constraints, other than during the first 60 days of initial
registration or during the first 60 days after a registrar transfer
YOU agree
and acknowledge that the failure or success of a domain name transfer will be
his/her sole responsibility, and Family First Hosting will not be held liable for the
failure of a domain name transfer for any reason.
LAWFUL PURPOSE
Family First Hosting reserves the right to refuse service to anyone. YOU may only use THE
HOST server for lawful purposes and our services may not be used for illegal
purposes or in support of illegal activities. We reserve the right to
cooperate with legal authorities and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing. If anything is not
legal in the United States of America, it is not permitted to reside on our
servers. Transmission, distribution or storage of any material in violation of
any applicable law or regulation is prohibited. This includes but not limiting
material protected by copyright, trademark, trade secret or other intellectual
property right used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export control laws.
Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG,
ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)"
and "Unlicensed MP3". The designation of any materials as such described above
is left entirely to the discretion of Family First Hosting management.
If illegal content
or usage is found, the account will be suspended and/or terminated. YOU agree
that Family First Hosting may disclose any and all YOUR information including assigned IP
numbers, account history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification.
Regardless of
the place of signing this agreement, YOU agree that for purposes of venue this
contract is entered in Indianapolis, Indiana, and any dispute will be
litigated or arbitrated in Indianapolis, indiana. Defendants further waive all
objections to venue and acknowledge that venue in any such litigation will be
held in Indianapolis courts. IN NO EVENT SHALL Family First Hosting'S MAXIMUM LIABILITY
EXCEED FIVE HUNDRED ($500.00) DOLLARS.
INDEMNIFICATION
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Family First Hosting HARMLESS
FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Family First Hosting, ITS AGENTS, ITS
CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU,
YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
HARMLESS Family First Hosting AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH Family First Hosting'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE 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
Family First Hosting'S SERVER.
DISCLAIMER
Family First Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER.
Family First Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. Family First Hosting 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 Family First Hosting AND ITS EMPLOYEES. Family First Hosting RESERVES THE RIGHT TO REVISE ITS
POLICIES AT ANY TIME WITHOUT NOTICE. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
Family First Hosting MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR
CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
PRIVACY STATEMENT
Family First Hosting follows the strict guidelines of our customer privacy statement.
Please make sure you understand this statement fully.