Terms of Service
Agreeing to FeatureHosting.Net Acceptable Use Policy and
Terms of Service is mandatory for Hosting signing up or
using our services. Please make sure you read
everything. The following rules apply to sites you host
with FeatureHosting.Net
Acceptable Use Policy
Introduction
During the term of its agreement with
FeatureHosting.Net, the customer must ensure that the
use of any resource offered to the customer or owned or
controlled by FeatureHosting.Net ("Service") conforms
with FeatureHosting.Net's then current Acceptable Use
Policy ("AUP"). FeatureHosting.Net may modify, without
prior notice, the AUP as FeatureHosting.Net deems
appropriate; such modified AUP is effective upon posting
on FeatureHosting.Net's website.
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.
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
FeatureHosting.Net 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
Accounts caught sending unsolicited, as defined by
FeatureHosting, Inc.*, email or usenet postings, either
through our servers or to promote a web site on our
servers will be terminated immediately, will not qualify
for a refund and will be charged $50 per complaint
filed. Accounts terminated for sending unsolicited email
or usenet posts give up all rights to any content,
files, backups and technical support associated with
this and ALL accounts hosted on any and all
FeatureHosting, Inc. server and network. You may not
create email forwards which forward to an email address
not accessible by you, unless the recipient has
specifically consented for you to do so.
FeatureHosting, Inc. reserves the right to investigate
accounts accused of sending unsolicited emails, or
usenet postings, in any way deemed necessary. This
includes suspending the accused account, during the
pending investigation.
Sites promoting, advertising or otherwise making
available tools, information and/or software for the
purpose of sending unsolicited email or usenet postings
will be shut down without notice. We reserve the right
to cancel all hosting accounts, of anyone having an
account suspended for sending spam. We will make
available, upon request, the source of the complaints.
We will NOT make available the actual complaint, if it
means giving out individual contact information of the
person filing the complaint. WE STRONGLY SUGGEST THAT
YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY
ARE GUARANTEED TO BE CLEAN!!!
Although we have a ZERO TOLERANCE POLICY on unsolicited
email/spam, we are not unreasonable. Since August 2004,
we have shut down an extremely small percentage of
accounts for sending Unsolicited Email. However, we can
and will enforce our Terms of Service.
*Unsolicited is defined, by FeatureHosting, Inc. as:
E-mail sent to recipients who have not asked to be
contacted by you or Usenet postings (that are
cross-posted to more than three newsgroups and/or posted
in newsgroups where this is against that groups FAQ or
charter), for the sole purpose of promoting a website or
commercial business on our servers.
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/ponzi 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
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 webspace
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. 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 copywritten
material.
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,
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.
Free Email / Hosting Sites
We do not permit the free giving of POP email accounts
or the issuing of free hosting. This includes near free
(1 penny per year for instance).
Facilitating AUP Violation
Customer activity that facilitates the violation of this
AUP by any party constitutes a violation of this AUP by
Customer.
Domain Name Registration and Renewal Policy
FeatureHosting, Inc. will make every effort to register,
transfer and/or renew your requested domain name. This
is not a guarantee that your requested domain name is
available for registration, transfer and/or renewal.
Your domain name may go unregistered, untransferred
and/or renewed, due to circumstances beyond our control,
such as registry, software and other problems or
outages, and will not be grounds for compensation of
financial loss. You are responsible for monitoring your
domain expiration date and making sure you renew it
before it expires.
An order for domain name registration, transfer and/or
renewal, does not guarantee domain name registration,
transfer and/or renewal. Domain names will not be
registered, transferred and/or renewed until payment is
received. If requested domain name is paid for, to
FeatureHosting, Inc., and subsequently not registered,
transferred and/or renewed by FeatureHosting, Inc., the
domain registration fee will be refunded.
By placing an order for domain registration, you agree
to the Uniform Domain-Name Dispute-Resolution Policy.
AUP Enforcement
Violation of the AUP may subject Customer to
international, federal, and/or state civil and/or
criminal liability, including without limitation, Ohio
Business & Professional Code. FeatureHosting.Net
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.
FeatureHosting.Net 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, FeatureHosting.Net reserves the right to
suspend or terminate Customer's service. If Customer's
access is suspended or terminated, FeatureHosting.Net,
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. FeatureHosting.Net
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.
Account Termination
Violation of our anti-spam policy will be grounds for
immediate account termination. Web sites deemed
offensive, pornographic or racially degrading, by
FeatureHosting, Inc., will be removed from our servers
without notice. Abusive behavior of any type will not be
tolerated. Web sites promoting, making available or
otherwise contributing to software piracy, hacking,
spamming, denial of service attacks and/or damage to
commercial networks or servers will be removed from our
servers without notice and illegal acts will be reported
and prosecuted. Free For All (FFA) link sites and using
your account for IRC/BBN purposes is not allowed on our
servers.
Accounts using up enough server resources, to slow or
crash a server, will be shut down without prior notice.
If an account is shut down, due to server resource
issues, we will (upon request) make a reasonable effort
to help get the account unsuspended. This includes
tracking down the offending program, if applicable,
and/or making available other arrangements for hosting
the account on a semi-private or private server
(additional fees may be required). Third-party installed
versions of FormMail are forbidden, due to the security
risk they pose. We have FormMail available, globally,
for all accounts on our network. We do not allow ANY
Matt Wright script to be installed on our servers. For a
list of the Matt Wright banned scripts, please see:
www.scriptarchive.com
All server activity is logged. Any snooping, hacking, or
other inappropriate activity of any type outside of your
account, on our servers, will be grounds for
termination.
In addition, your account is for web and email use only,
any other activities, at our sole discretion, will be
grounds for termination as well.
This Terms of Service may be amended, at any time, at
the discretion of FeatureHosting, Inc. All accounts are
required to comply with any changes made to these
policies. Notification of any major changes to the
policies will be emailed to the email addresses we have
on file for all account holders. You are required to
keep a valid and current email address on file with us,
in your billing account here: https://www.FeatureHosting.Net/login.php
If you are unsure if what you are doing is against our
TOS, contact us. There are no refunds granted for
accounts terminated due to TOS violation.
LIMITATION OF LIABILITY: FeatureHosting.Net
(FeatureHosting.Net) 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,
FeatureHosting.Net (FeatureHosting.Net) 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
FeatureHosting.Net (FeatureHosting.Net) servers. All
damages shall be limited to the immediate termination of
service. FeatureHosting.Net (FeatureHosting.Net) shall
be the sole arbiter of what is and is not a violation of
these acceptable use policies. FeatureHosting.Net
(FeatureHosting.Net) reserves the right to terminate an
account at any time and for any reason that causes harm
to any customer's web sites. FeatureHosting.Net
(FeatureHosting.Net ) reserves the right to delete all
content and files upon termination. FeatureHosting.Net
(FeatureHosting.Net) reserves the right to withhold any
pre-paid funds for any site removed for violations of
these policies. FeatureHosting.Net (FeatureHosting.Net)
reserves the right to refuse, cancel, or suspend service
at our sole discretion. FeatureHosting.Net
(FeatureHosting.Net) reserves the right to change these
Policies without prior notice or warning.
Non-enforcement of any part of these Policies does not
constitute consent.
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