IMPORTANT NOTICE:
*All Payments To FTC Internet Services Are Non-Refundable*
FTC Internet Services, a division of FTC Networks, LLC ("The
Company") agrees to furnish services to the Subscriber, subject to
the following TOS (Terms of Service).
Use of FTC Internet Services constitutes acceptance and agreement to
FTC Internet Services'
AUP as well as FTC Internet
Services’ TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of FTC Internet Services and
AUP (Acceptable Use Policy).
The
AUP may be changed from time
to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with
the laws of the state of California, county of Los Angeles
applicable to contracts enforceable in that state. Venue will be Los
Angeles County, California, U.S.A.
1.
Disclosure to Law Enforcement:
The
AUP specifically prohibits
the use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber
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 to the Subscriber. In
addition FTC Internet Services shall have the right to terminate all
service set forth in this Agreement.
2.
Service Rates:
Subscriber acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company
by its suppliers.
3.
Payment:
Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are due on
the anniversary date of the month for that month's service. All
accounts and services provided by FTC Internet Services are subject
to the current tax rate as imposed by the City of Industry, State of
California which is currently 8.25%, including and setup fees. The
above applies to all accounts and services provided by FTC Internet
Services.
4.
Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00
declination fee. Service will be interrupted on accounts that reach
10 days past due. Service interrupted for nonpayment is subject to a
$200 reconnect charge. Accounts not paid by due date are subject to
a $7.95 late fee. Accounts that are not collectable by FTC Internet
Services may be turned over to an outside collection agency for
collection. If your account is turned over for collection, you agree
to pay the company a "Processing and Collection" Fee of not less
than $50 nor more than $150. If you desire to cancel your account,
please follow the proper procedure to do this as outlined in this
TOS.
5.
Refund and Disputes:
All payments to FTC Internet Services are nonrefundable. This
includes the one time setup fee and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within
60 days of the time the dispute occurred. If you dispute a charge to
your credit card issuer that, in FTC Internet Services’ sole
discretion is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay FTC Internet Services an "Administrative Fee"
of not less than $50 and not more than $150.
6.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.
7.
Account Cancellation:
Requests for canceling accounts may be made in writing with at least
30 days notice but not more than 60 days prior written notice and
sent to:
FTC Internet Services Attn: Cancellations
P.O. Box 2035
Industry, California 91746
Or you may fax the cancellation request to 626-628-3496.
FTC
Internet Services' preferred method of cancellation is via the
members section of your FTC Internet Services account. Please log into the members section at
http://FTCInternet.net and you can request to have your server
cancelled there via the online cancellation form.
You must have all account information to cancel.
8.
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other than
the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event shall the
company be liable for any special or consequential damages, loss or
injury.
9.
New
Domain Accounts:
All new web hosting accounts involving new domains will be set up
and entered into our DNS servers within 3 to 5 business days. Due to
unforeseen complications, however, this process may sometimes
require up to 7 business days. If the new domain is registered by
the account holder, there will be no handling fee. If the domain is
registered by FTC Internet Services on behalf of the account holder
a handling fee will be incurred.
10.
Transfer of Domains:
New web hosting accounts which involve the transfer of a domain from
another provider to FTC Internet Services will require a minimum of
seven (7) days to be set up and entered into our DNS servers. In
some cases, such transfers may take up to sixty (60) days. Due to
the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take. If
the transfer of the domain is done by FTC Internet Services on
behalf of the account holder a handling fee will be incurred. If the
customer cancels service during the transfer period for any reason,
all charges are considered earned.
11.
Support Boundaries:
FTC Internet Services, provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings when
we close our center.) We limit our technical support to our area of
expertise. The following is our guidelines when providing support:
FTC Internet Services provides support related to your server or
virtual site physical functioning. FTC Internet Services does not
offer tech support for application specific issues such as cgi
programming, html or any other such issue. FTC Internet Services
does not provide technical support for YOUR customers. If you can
email, we encourage you to email us using our
Contact Us form for assistance. If you are able to get online
and have other questions, the answers may be on our home page
here - we encourage you to
check there first. Lastly, the Help files in the program you are
using may have the answer to your question so please do investigate
these resources before calling tech support.
12.
SPAM and Unsolicited Commercial Email (UCE):
FTC Internet Services takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers of FTC Internet Services may not
use or permit others to use our network to transact in UCE.
Customers of FTC Internet Services may not host, or permit hosting
of, sites or information that is advertised by UCE from other
networks. In addition, it is not acceptable to transmit bulk email
through remote SOCKS, HTTP or other similar proxies who in turn make
a SMTP (TCP port 25) connection to the destination mail servers.
This technique may result in account suspension or termination.
Violations of this policy carry severe penalties, including
termination of service. In order to prevent unnecessary blacklisting
due to spam we reserve the right to occasionally sample bulk email
being sent from servers.
a.
Violation of FTC Internet Services’ SPAM policy will result in
severe penalties. Upon notification of an alleged violation of our
SPAM policy, FTC Internet Services will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, FTC Internet Services may restrict customer access to
the network to prevent further violations. If a customer is found to
be in violation of our SPAM policy, FTC Internet Services may, at
its sole discretion, restrict, suspend or terminate customer's
account. Further, FTC Internet Services reserves the right to pursue
civil remedies for any costs associated with the investigation of a
substantiated policy violation. FTC Internet Services will notify
law enforcement officials if the violation is believed to be a
criminal offense.
b.
First
violations of this policy will result in an "Administrative Fee" of
$250 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users who
violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed $175 per hour
that FTC Internet Services personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
c.
As
our Customers are ultimately responsible for the actions of their
clients over the FTC Internet Services network, it is advisable that
Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on
their server that support spammers or cause any of our IP space to
be listed in any of the various Spam Databases will have their
server immediately removed from our network. The server will not be
reconnected until such time that you agree to remove ANY and
ALL traces of the offending material immediately upon
reconnection and agree to allow us access to the server to confirm
that all material has been COMPLETELY removed. Severe
violations may result in immediate and permanent removal of the
server from our network without notice to the customer. Any server
guilty of a second violation WILL be immediately and
permanently removed from our network without notice.
13.
Network
a.
IP
Address Ownership:
If FTC Internet Services assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol
address shall belong only to FTC Internet Services, and Customer
shall have no right to use that Internet Protocol address except as
permitted by FTC Internet Services in its sole discretion in
connection with the Services, during the term of this Agreement. FTC
Internet Services shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to
Customer by FTC Internet Services, and FTC Internet Services
reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP
addresses. What this means to you is that you MUST use name-based
hosting where possible. We will periodically review IP address
usage, and if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization to
use those IP addresses that could be used with name-based hosting.
b.
Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). FTC Internet Services will
monitor Customer's bandwidth and disk usage. FTC Internet Services
shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or
termination of this Agreement, which actions may be taken is in FTC
Internet Services’ sole and absolute discretion. If FTC Internet
Services takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior
to such action. In the event that a customer exceeds the included
allocation, FTC Internet Services may, at its sole discretion,
collect a deposit, in an amount determined by FTC Internet Services,
against customer's credit card on file with FTC Internet Services.
c.
System and Network Security:
Users are prohibited from violating or attempting to violate the
security of the FTC Internet Services Network. Violations of system
or network security may result in civil or criminal liability. FTC
Internet Services will investigate occurrences, which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
i.
Accessing data not intended for such User or logging into a server
or account, which such User is not authorized to access.
ii.
Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
proper authorization.
iii.
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
iv.
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v.
Taking any action in order to obtain services to which such User is
not entitled.
14.
Notification of Violation:
a.
FTC Internet Services is under no duty
to look at each customer's or user's activities to determine if a
violation of the
AUP has occurred, nor do we
assume any responsibility through our AUP to monitor or police
Internet-related activities.
b.
First violation: Any User, which FTC
Internet Services determines to have violated any element of this
Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may be
subject at FTC Internet Services’ discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
c.
Second Violation: Users that FTC Internet Services determines to
have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
d.
We
reserve the right, to drop the section of IP space involved in Spam
or Denial-of-Service complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as
soon as is feasible.
15.
Suspension of Service or Cancellation:
FTC Internet Services reserves the right to suspend network access
to any customer if in the judgment of the FTC Internet Services
network administrators the customer's server is the source or target
of the violation of any of the other terms of the
AUP or for any other reason
which FTC Internet Services chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be
credited for the time the customer's machines were suspended.
16.
FTC Internet Services reserves the right to
amend its policies at any time. All Sub-Networks, resellers and
managed servers of FTC Internet Services must adhere to the above
policies. Failure to follow any term or condition will be grounds
for immediate Cancellation. You will be held responsible for the
actions of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
17.
Indemnification:
FTC Internet Services wishes to emphasize that in agreeing to the
FTC Internet Services
Acceptable Use Policy (AUP)
and Terms of Service (ToS), customer indemnifies FTC Internet
Services for any violation of the
Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to FTC Internet
Services or the bringing of any claim against FTC Internet Services
by any third-party. This means that if FTC Internet Services is sued
because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against FTC Internet Services,
plus all costs and attorney's fees.
18.
Miscellaneous Provisions:
You must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in that order
of preference.
a.
A
waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as a
continuing or subsequent waiver thereof or as a waiver of any breach
of any other provision thereof.
b.
Subscriber shall not transfer or assign this Agreement without the
prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at
anytime without further obligation.
c.
FTC
Internet Services takes no responsibility for any material input by
others and not posted to the FTC Internet Services Network by FTC
Internet Services. FTC Internet Services is not responsible for the
content of any other websites linked to the FTC Internet Services
Network; links are provided as Internet navigation tools only. FTC
Internet Services disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
d.
FTC
Internet Services is not responsible for any damages your business
may suffer. FTC Internet Services does not make implied or written
warranties for any of our services. FTC Internet Services denies any
warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by FTC Internet
Services.
e.
It is
absolutely forbidden to host pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without refund.
19.
Responsibility for Content:
You, as FTC Internet Services’ customer, are solely responsible for
the content stored on and served by your FTC Internet Services
server.
20.
Windows Servers: Requirements
for using Microsoft software. Subscribers are prohibited from
allowing more than five (5) authenticated users of the Microsoft
Windows Server Operating Systems under Microsoft licensing terms and
could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on
Software Products or that appear during the use of Software
Products. Customer further agrees not to reverse engineer,
decompile, or disassemble the Software Products.
FTC Internet Services may provide you access to other third party
software and/or services ("Third Party Products ") through reseller
relationships FTC Internet Services has established with certain
commercial vendors, including without limitation, Microsoft
Corporation ("Third Party Vendors"). Unless otherwise notified,
Customer understands that product support for Third Party Products
is provided by FTC Internet Services and not by the Third Party
Vendor. Neither FTC Internet Services nor any Third Party Vendor
makes any representations or warranties, express or implied,
regarding any Third Party Products. Customer expressly acknowledges
and agrees that use of third party products is at customer's sole
risk and such third party products are provided "as is" and without
representation or warranty of any kind from FTC Internet Services or
any third party vendor, including without limitation, any implied
warranty of merchantability, fitness for a particular purpose,
accuracy or completeness of responses or results, correspondence to
description, or non-infringement of third party rights. To the
maximum extent permitted by applicable law, neither FTC Internet
Services nor any third party vendor will be legally responsible for
any damages, whether direct, indirect, or consequential, arising
from the use or inability to use any third party product. Customer
agrees to observe the terms of any license and/or applicable end
user subscriber agreement for third party products and that customer
shall be fully liable to third party vendors and FTC Internet
Services with respect to any improper use of such third party
products or violation of license agreements with them and/or
applicable end user subscriber agreements.
21.
Denial of Service:
We reserve the right to refuse service to anyone at any time for any
reason.
Copyright 2004-2005, FTC Internet Services, a division of FTC
Networks, LLC |
