FirePenguin Terms Of Service & Acceptable Usage Policy
Service Agreement Contract
Where the content states: "We" includes FirePenguin or any party acting on FirePenguin's implicit instructions. "You" or "Reseller" includes the person purchasing the services and/or any party acting on the customer's instructions. "Member" includes the purchaser of services and/or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry. "Server" means the computer server equipment in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. Cservers.net reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.FirePenguin.com/terms.html. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
By using any portion of FirePenguin's service, you are agreeing to this service agreement on this document entirely.
1. Domain Name Registration and SSL certificates
1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.5 FirePenguin reserves the right to revoke or refuse an SSL certificate with or without prior notice
1.6 FirePenguin reserves the right to increase/decrease our SSL prices at anytime with or without prior notice
1.7 FirePenguin reserves the right to provide the customer with another equivalent SSL certificate should the advertise one not be available
1.8 FirePenguin provides no warranties or guarantees on the nature and functionality of the certificates.
1.9 FirePenguin does not provide technical support for SSL certficates apart from installing it for you.
1.10 SSL certificates issued free of charge because it was part of your package can be used on either FirePenguin servers or another website not hosted by us. The choice is up to the customer. The SSL cert will be revoked if the hosting account is canceled unless the customer begins paying for the certificate at our advertised prices.
2. Personal Web Hosting Account
2.1 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by sending mail to webmaster@Innovative-Hosting.net. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on FirePenguin Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
3. Use of services
3.1 Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
3.2 Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by FirePenguin at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. FirePenguin reserves the right to terminate any process which it deems to be using excessive resource usage.
3.3 Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from FirePenguin is server abuse.
3.4 Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
3.5 Mailing Lists - FirePenguin has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the FirePenguin Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact FirePenguin requesting permission to send the mailing through the FirePenguin servers prior to sending any messages. Sending a large mailing through mailing list software other than FirePenguin pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
3.5a Mailing lists operated on FirePenguin servers must be double opt-in with specific clear instructions in order to opt-out
3.6 Pornography - FirePenguin prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through FirePenguin servers.
3.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
3.7a Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. FirePenguin Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
3.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and FirePenguin Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact FirePenguin Hosting directly to check with us before proceeding.
3.8a Ignorance of your actions and consequences does not exempt you from liability
3.8b FirePenguin reserves the right to financially penalise any customer violating this agreement. The amount the customer is penalised is determined by FirePenguin. The customer agrees to pay all financial penalties placed by FirePenguin in full and within 30 days.
3.9 Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
3.10 Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a FirePenguin servers.
3.11 IRC sessions - Using FirePenguin Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any FirePenguin Hosting server. Running IRC from our servers makes them targets for attack. Don't run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), 'bouncers', 'eggdrops' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
3.12 Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a FirePenguin is grounds for immediate termination of likely prosecution.
3.13 Selling for free - FirePenguin prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth.
3.14 Any reselling of FirePenguin services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
3.15 FirePenguin backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. FirePenguin makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
3.16 FirePenguin guarantees a 99.9% server uptime to shared hosting customers (including reseller customers). The following credit schedule applies:
3.16b Uptime guarantee and crediting schedule do not apply to subaccounts created by resellers and VPS customers.
3.17 FirePenguin guarantees a 99.9% network uptime guarantee to VPS customers. Conditions in section 3.16a apply and the crediting policy set in 3.16 of this agreement also apply to this condition.
3.18 FirePenguin has the final say and will determine the uptime of our servers and will base its uptime on our own monitoring systems. External monitoring statistics set up by customers will not be considered as evidence of uptime/download
3.19 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. FirePenguin reserves the right to refuse a promotion to a customer.
3.19a FirePenguin reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice
3.19b FirePenguin reserves the right to reduce the advertised time of the promotion running time with or without prior notice
4.0 Reseller and VPS Responsibility
4.1 The reseller/VPS customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer. As the reseller/VPS customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.
4.2 Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller/VPS account holder.
4.2a Resellers & VPS customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.
4.3 The reseller & VPS account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of FirePenguin's policies and Terms Of Service
4.4 The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the reseller/VPS customer.
4.5 FirePenguin reserves the right to financially charge the reseller/VPS customer for any contract violation.
5.0a All accounts are set-up on a pre-pay basis only
5.1 FirePenguin provides a 5-day no interest credit period to the customer to allow resolution of any payment issues. FirePenguin reserves the right to reduce the credit period time at its own discretion at anytime
5.2 FirePenguin will suspend your account if outstanding bills have not been paid in within 5 days. FirePenguin reserves the right to suspend the account
5.2a If after 7 days outstanding bills owed to FirePenguin have not been paid in full and no further credit arrangements have been made, FirePenguin will terminate all hosting accounts and deactivate all other services purchased through FirePenguin until all owed amounts have been paid in full.
5.3 After account suspension, FirePenguin will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
5.4 FirePenguin reserves the right to impose a re-activation fee for accounts that have been suspended
5.5 FirePenguin reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time
6.0 Refunds & Cancellations
6.1 You can only cancel your account by opening a support ticket with our billing department supplying your: Main account domain, username, password, subscription number or latest order number
6.1a If you do not cancel using the procedures set in section 6.1, your account will not be canceled and will be subject to charges
6.2 Accounts canceled under our 16 day money back guarantee are subject to a full refund for the hosting account only (less any additional fees).
6.3 If you have violated our Terms of Service, the 16 day money back guarantee no longer applies to you
6.4 Domains, SSL certificates, IP addresses and any additional services ordered are not governed by our 16 day money back guarantee
6.5 If you are requesting credit under our 99.9% uptime guarantee (i.e. we did not provide you with 99.9% uptime), then the request must be submitted within 72 hours of the incident happening. Otherwise the request will be void.
6.6 You must allow up to 30 days for credit and refunds to be processed and applied to your account
6.7 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 16 days to request a refund regardless of how many days, weeks, months or years you have paid for.
8.0 End-user Support
8.1 If your package includes end-user support, FirePenguin will only begin the end-user support part of the package.
8.2 FirePenguin has no guaranteed response time but aims to respond within 24 hours.
8.3 FirePenguin will be acting on your behalf. Thus you are responsible for the content and nature of the replies FirePenguin provides.
8.4 FirePenguin does not provide support desk installation or help with configuration of a support desk. This is the responsibility of the customer.
8.5 Customer must use the helpdesk provided by FirePenguin in order to use our end-user support service
8.6 FirePenguin will keep itself anonymous and make every attempt to ensure your customers do not find out about FirePenguin but we cannot guarantee your customers will not be able to find out about us by themselves.
9.0 Support Restrictions
9.1 FirePenguin does not provide support for 3rd party scripts including all scripts listed in Fantastico, RVSiteBuilder, ClientExec and any other script unless explicitly stated.
9.2 If you open a ticket requesting support for a 3rd party script, your ticket will be reprioritized as low priority and may be closed without an answer.
9.3 The offer of any particular service does not constitute an obligation on FirePenguin part to tutor the necessary skills to utilize that service, only to provide system-specific information.
9.4 problems with domain names/DNS issues are NOT directly the responsibility of FirePenguin . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of FirePenguin, then the task of acquiring a solution will fall back into your hands. FirePenguin will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
9.5 FirePenguin covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. FirePenguin does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
9.6 The same support restrictions also apply to our end-user support
10.0 Lawful Purpose
10.1 FirePenguin reserves the right to refuse service to anyone. Customers may only use FirePenguin server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of FirePenguin Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in United Kingdom, England, and any dispute will be litigated or arbitrated in United Kingdom, England.
11.1 CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD FirePenguin HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
12.1 FirePenguin WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. FirePenguin MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE
12.2 FIREPENGUIN RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. FIREPENGUIN RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
12.3 ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF FirePenguin MUST ADHERE TO THE MENTIONED HERE POLICIES.
12.4 FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
13.0 Intellectual Property Rights
13.1 Material accessible to you through FirePenguin 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 FirePenguin 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 FirePenguin network. If you use a domain name in connection with FirePenguin or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
14.1 FirePenguin reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of FirePenguin Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates
15.0 Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with FirePenguin. If you engage in any of the activities prohibited by this AUP document FirePenguin may suspend or terminate your account.
FirePenguin\'s Acceptable Use Policy (the "Policy") for FirePenguin Services is designed to help protect FirePenguin, FirePenguin\'s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by FirePenguin. FirePenguin reserves the right to modify the Policy at any time, effective upon posting at http://url_to_AUP_policy.
Prohibited Uses of FirePenguin Systems and Services:
A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, 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.
B. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through FirePenguin's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on FirePenguin\'s servers, is prohibited. FirePenguin accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by FirePenguin customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any FirePenguin-hosted domain, or referencing any FirePenguin account, is prohibited.
D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any FirePenguin customers or end-users by any means or device.
I. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the FirePenguin network or on another provider's network.
J. Using FirePenguin's Services to interfere with the use of the FirePenguin network by other customers or authorized users.
Customer Responsibility for Customer's Users
Each FirePenguin customer is responsible for the activities of its users and, by accepting service from FirePenguin, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of an FirePenguin customer will be forwarded to the FirePenguin customer\'s postmaster for action. If violations of the FirePenguin Acceptable Use Policy occur, FirePenguin reserves the right to terminate services with or take action to stop the off.