Acceptable Use Policy(fcc) Hosting Services AuP Policy
Acceptable Use Policy
Restriction on Use
(A) You agree to use the Service for lawful purposes only. The laws of the State of Alabama, and the United States of America apply to this Agreement and your use of the Service. In the interest of maintaining a functional, high-class, professional service, we have other conditions for users of our Service. While some of these conditions may seem strict, please comprehend that they are necessary given the evolving nature of the World Wide Web. Some of our competitors may not require their customers to comply with such conditions, and if any of our existing or potential customers are unwilling or unable to comply with these conditions, we understand, and we respectfully invite them to seek service elsewhere. There are reasons for these policies we have put in place.
(B) The following represents a partial listing of activities that are prohibited when using the Service, any one of which has the potential to result in account or service suspension or closure without prior or further notice. Without limitation and in no particular order, the Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:
- Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libelous, hateful or that violates any section of this Agreement;
- Any Content or website that contains private or confidential information, including, but not limited to, your or any other person’s or party’s credit card information, social security number or other national identity number, non-public telephone number, address or email address;
- Any Content or website that, in our judgment, is child sexual abuse material (CSAM), child erotica, indecently depicts children, or, that poses any harm or potential harm to any child;
- Any Content or website that contains material that, in our judgment, is pornographic, sexually explicit, obscene or violent in nature;
- Any Content or website that promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Any Content or website that is designed or used to hack or break into remote systems illegally;
- Any Content or website that is setup to function as an open http proxy;
- Any Content or website that is designed or used to commit or facilitate any “phishing” attack;
- Any Content or website that contains any malware, including, but not limited to, software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;
- Unsolicited or bulk email (SPAM), including, but not limited to, using the Service’s SMTP service or mail script to send out SPAM over our networks or other systems with a message referencing their website.
- “Snowshoe spamming” (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);
- Any Content or website that is, in our judgment, designed to function as a farming bitcoin, bitorrenting, pirated software website or illegal or unlicensed software or ‘warez’ website;
- Any Content or website that is, in our judgment, designed to function as a “Tor relay” service or website;
- Any Content or website that contains URL shortener validation software;
- Any Content or website that contains or facilitate access to any material that is prohibited by Fastcomcorp Hosting Services;
- Any Content or website that contains content that infringes on any right of any person or party, including, but not limited to a person’s or party’s right to privacy or intellectual property rights;
- Any Content or website that, in our judgment, is designed or used to exploit, extract or otherwise gather any content or information from any (fcc) Hosting Services database, including, but not limited to, incorporating data from any Fastcomcorp Hosting Services database into any email or “white-pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
- Any Content or website that, in our judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communications devices or resources, or any other systems, communications devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission);
- Any Content or website that, in our judgment, is designed for, used to, operated as, or for purposes of topsites; IRC scripts/bots; IRCD (irc servers); proxy scripts/anonymizers; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP scanners; bruteforce programs/scripts/applications; mail bombers/spam scripts; banner-ad services (commercial banner ad rotation); file dump/Mirror scripts (similar to rapidshare); commercial audio streaming (more than one or two streams); escrow/bank debentures or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g. FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi); sale of any controlled substance without prior proof of appropriate permits; prime banks programs; lottery/gambling sites; MUDs/PBBGs; cyber criminal focused sites/archives/programs; fraudulent sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com); push button mail scripts; broadcast or streaming of live sporting events (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); “tell a friend scripts”; anonymous or bulk SMS gateways; websites advertised via SPAM (“Spamvertised”); organization, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc); or mailer pro.
If you do not create a strong password and do not keep it safe. Do not say we didn’t warn you. Notwithstanding any of the terms of this Agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access the (fcc) Hosting Services Account. Any and all activity that occur under your username and password will be considered done by you and you bear sole responsibility for that activity. Fastcomcorp Hosting Services shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, the (fcc) Hosting Services Account, the Service or the Peripherals, whether due to your own negligence or for any other reason. As a rule-of-thumb, it’s best that you change all of your passwords periodically and at any time you think that the (fcc) Hosting Services Account, the Service, any of the Cloud or Dedicated Services or any of your other usernames or passwords have become compromised.
Passwords like “password1″and “welcome1” are too common and are pretty easy to figure out. You are required to and solely responsible for employing industry standard best security practices, such as using secure passwords. If you use an unsecure password, the (fcc) Hosting Services Account, the Service and/or the Peripherals are likely to be hacked or otherwise compromised, and you will be solely liable in any such case. Audits may be done to check for weak passwords. However, in no event should you rely on the performance of any possible audit by Fastcomcorp Hosting Services. If an audit is performed, and it is determined that your password is weak, your (fcc) Hosting Services Account may be suspended or you may be given time to update your password to a more secure password.
We may be able to help you recover is your (fcc) Account Center password. In the event that you forget your (fcc) Account Center password, there are two methods you may use to recover it. You may either use the “Forgot Password?” link at the login page on the login page of our Website, or complete the Profile Update Form found here. If you use the “Forgot Password?” link, we will send a password reset link to the primary email address we have on file for you. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address, domain or both, your only recourse for recovering your password will be to submit a form along with a copy of your valid government-issued photo identification. If your submission is incomplete, illegible or if you provide documentation that is expired or which we have reasonable suspicion to believe is a forgery, we may, in our sole discretion, reject your request, require additional documentation, or block all access to the (fcc) Hosting Services Account or the Service.
Additional Usage Restrictions
(A) Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement, or any law to which Fastcomcorp Hosting Services is subject, to any degree, may be removed from our servers (or otherwise disabled), in our sole discretion, with or without notice and without obligation. The Fastcomcorp Hosting Services Account may also be suspended or closed.
(B) You agree to use the Service in a manner that does not interfere with or otherwise disrupt service to other Fastcomcorp Hosting Services customers nor any of our systems. Fastcomcorp Hosting Services reserves the right to suspend or close the (fcc) Hosting Services Account, without prior notice, if, in our judgment, such interference or disruption is determined by Fastcomcorp Hosting Services to exist. Some examples of such interference or disruption include, but are not limited to, some of the items listed in Section (B)(1) and any Customer action that has caused Fastcomcorp Hosting Services mail servers or any of our IP ranges to be placed on any “black hole” list or any other mail filtering software systems used by companies on the internet.
(C) For our purposes, simply put, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. To be clear, we don’t allow spamming on any Service on our systems. To that end, please be advised that the following limits apply to the number of emails that can be sent through any (fcc) Cluster-Services: 50 emails per minute/500 emails per hour. An excess of these limits is a breach of this Agreement and the (fcc) Hosting Services Account is subject to suspension or closure, without prior notice.
(D) You are not permitted to use the (fcc) Cluster-Service as a remote storage server only.
(E) Fastcomcorp Hosting Services does not permit excessive hosting service striping (“excessive striping”). For our purposes, excessive striping describes the condition where a customer attempts to use two or more Service, stored with duplicate Content, in order to collect an excessive allocation of overall bandwidth, disk space, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive striping condition may also be achieved by closing Service before their resource limits are reached then opening a new Service with nearly identical Content to use its bundled resources. Content and resource striping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in a service suspension or closure of the (fcc) Hosting Services Account, without prior notice.
(F) You are not permitted to knowingly allow any other website or hosting server to link to Content stored on Fastcomcorp Hosting Services systems. At least 75% of any Content stored on Fastcomcorp Hosting Services systems must have associated HTML, PHP or similar files at the Service linking to the Content stored on that Service.
(G) Fastcomcorp Hosting Services will remain the sole owner of all IP network addresses within Fastcomcorp Hosting Services network. You are not permitted to modify any TCP/IP configuration that will conflict with, or otherwise disrupt network service, by using configurations not allocated to you by Fastcomcorp Hosting Services. We will use our best efforts to maintain permanency of any allocated IP address, however Fastcomcorp Hosting Services reserves the right to change your underlying IP network address for any reason (including, but not limited to, for upgrades, security provisioning, or other network migration service), or for no reason at all, without notice. Any request for allocation of additional IP address(es) may be subject to justification. Justification requirements are subject to change. We reserve the right to reject any request for an additional IP address(es) based on insufficient justification or current IP address utilization.
(H) If we detect repeated failed login attempts, we may, without obligation of any kind, ban network access from the source of those failed attempts, and you’ll have to contact us to fix it.
(I) Plesk® Panel and cPanel®. Your use of Plesk and cPanel requires acceptance of Plesk’s End User License Agreement here, and cPanel’s End User License Agreement here, which are hereby incorporated by reference.
(J) IBM Cloud Services Customer License Terms. Your use of the IBM Cloud services is subject to the IBM Cloud Terms and Noticies, a separate agreement between you and IBM, Inc., a current version of which is located here.
(K) Amazon Web Services Customer License Terms. Your use of the AWS services is subject to the AWS Customer License Terms, a separate agreement between you and Amazon Web Services, Inc., a current version of which is located here.
(L) Cloud Services Projects include only those services specified on the associated statement of work (“SOW”). Any change requests that exceed the Services set forth in any Cloud Services SOW will be assessed and charged separately.
(M) Customer must, within 30 days of any Cloud Services Project completion, notify Fastcomcorp Hosting Services if there are any issues with the delivered project. Fastcomcorp Hosting Services is not responsible for and will not provide assistance with any issue(s) that arise beyond 30 days of any project.
(N) Customer must ensure Fastcomcorp Hosting Services has access to necessary computing platforms, documentation and personnel (i.e., end users and technical representatives).
(O) Within ten (15) business days of Customer’s termination of their Fastcomcorp Hosting Services Account. Fastcomcorp Hosting Services will transfer ownership of Customer’s IBM Cloud (“IBM Cloud”) or Amazon Web Services (“AWS”) account back to Customer, if applicable. Fastcomcorp Hosting Services will remove all non-customer IBM Cloud Identiy Access Management (IAM) or AWS Identity Access Management (IAM) accounts, groups, roles, and federation prior to transfer of account ownership. IBM Cloud or AWS root account credential transfer will occur via secure, encrypted data transfer.
(P) We reserve the right to either charge or refund all non-recurring fees as laid out in our proposal for any Cloud Services Project.
Account Transfer Request
We offer three billing term options (each a “Billing Term”): Monthly prepaid, quarterly prepaid and 1-year prepaid. You may request to change the billing term for a hosting Service from annual to monthly (and vice versa) by sending us a request by creating a ticket in the Account Center. Your request must include: (1) the desired new Billing Term; (2) the Service to be affected by the billing term change; (3) the desired effective date of the change; and (4) your acknowledgement that there may be a change in the renewal fees due for the hosting Service as a result of the change.
If, in our judgment, your purchase constitutes a high risk transaction, we may require you to provide additional documentation to validate the purchase.
Keep in mind that all fees are due in advance of the applicable term. The day you purchase a Service serves as that Service’s official anniversary day, (“Billing Date”). As an example, if you purchased a Service on January 1, 2020, depending on the billing term you selected, your Billing Date would either occur on January 1st of each year or on the first day of each month. The Billing Date for a Service cannot be changed. Because a Service’s Billing Date is specific to that Service, it is possible for a single Fastcomcorp Hosting Services Account to have Service with different Billing Dates.
All funds are payable to Fastcomcorp Hosting Services in U.S. dollars (“USD”) only. In our sole discretion, we may reject or convert into USD any non-USD payment, using the exchange rate in effect at the time of the conversion used by our payment processor.
Fastcomcorp Hosting Services accepts the following methods of payment (each, a “Payment Method”): Visa, MasterCard, American Express, Discover Card, PayPal, Bitcoin, and wire transfer. The Payment Method you first specify will be set as the Payment Method for the Account unless you change it in the Fastcomcorp Hosting Services Account Center. We will not honor any limiting, modifying or conditional notation you make with your Payment Method.
Therby you are responsible for ensuring that the Payment Method on file is up-to-date at all times and that the Fastcomcorp Hosting Services balance is kept current. If the Payment Method for the Hosting Account is credit or debit card, Fastcomcorp Hosting Services and/or our payment processor may store the credit or debit card in a database for future renewals. We may automatically attempt to collect payment from such Payment Method, without notice, when a balance comes due.
If the Payment Method for the Fastcomocorp Hosting Services Account is wire transfer or PayPal, you must manually send payment to Fastcomcorp Hosting Services prior to any payment becoming due. Due to the manual nature of wire transfers and PayPal, payment must be sent well in advance of the Billing Date to avoid an interruption or loss of Service. Fastcomcorp Hosting Services is not liable to you or any third party as a result of any such disruption.
If payment is not readily available on the Payment Method on file (i.e., our attempt to collect payment from the credit or debit card is declined by the financial institution), in our sole discretion, we may continue to attempt to obtain payment from your Payment Method without further notice. If, during our attempts, any of the Services in the Hosting Account lapses into a past due status as a result of our inability to collect payment from your Payment Method, the Fastcomcorp Hosting Services Account may be suspended or closed for nonpayment. In no event shall Fastcomcorp Hosting Services be held liable for any action we may take against you (such as suspending or closing your Fastcomcorp Hosting Services Account and deleting your Content), as a result of our inability to collect payment from your Payment Method. Any Communications we may send you concerning our inability to collect payment from your Payment Method are sent as a courtesy only.
The Fastcomcorp Hosting Services Account is considered past due if Fastcomcorp Hosting Services does not receive payment within 10 days of the Billing Date of any Service. The Fastcomcorp Hosting Services Account may be suspended, without notice, if the Fastcomcorp Hosting Services Account remains past due beyond 10 days from the Billing Date. To reinstate the Fastcomcorp Hosting Services Account, full payment of any balance must be received by Fastcomcorp Hosting Services. If full payment of the past due balance is not received within 10 days of any Billing Date, the Fastcomcorp Hosting Services Account may be closed for nonpayment, without further notice.
Billing statements become available on a Service’s Billing Date. There are three ways to retrieve the Fastcomcorp Hosting Services Account’s billing statements: (1) in the Account Center, (2) via email, or (3) via postal mail. Fastcomcorp Hosting Services may email a copy of the billing statement to at least the Account Owner. To disable or re-enable email delivery of your billing statements, login to the Account Center and navigate to the Balance and Statements page. To request that we deliver your billing statement via postal mail, please create a ticket under support.fastcomcorp.net.
In the event a billing dispute arises, either brought by you or by Fastcomcorp Hosting Services, the dispute must be given in writing to the other party within 30 days of the disputed transaction occurring.
Should we receive a request to remove a Payment Method from the Fastcomcorp Hosting Services Account, from a person or party who is not the Account Owner or an Account Contact, upon receiving sufficient documentation confirming that the person making the request is the cardholder, we may, without prior notice, remove the Payment Method and refund some or all unauthorized charges collected from the Payment Method on behalf of the Fastcomocrp Hosting Services Account. Refunds issued in connection with such a request will result in the Fastcomcorp Hosting Services Account immediately becoming past due and the refunded amounts will be reassessed to the Fastcomcorp Hosting Services Account. To avoid an interruption in service, you must remit payment of the past due balance and any related fees within 72 hours of our notice to you. If you don’t, the Fastcomcorp Hosting Services Account will be suspended or closed for nonpayment.
UNLESS OTHERWISE NOTED, FASTCOMCORP HOSTING SERVICES AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD.