FLORENTINE DESIGN GROUP, LLC SHARED HOSTING TERMS OF SERVICE
Florentine Design Group, LLC provides network access and web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content – All services provided by Florentine Design Group, LLC are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Florentine Design Group, LLC, from any claims resulting from the subscriber’s use of Florentine Design Group, LLC’s services which damages the subscriber or any other party.
Note: Adult and sex related merchandising are prohibited on any Florentine Design Group, LLC shared account. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Florentine Design Group, LLC servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking sites, programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
Florentine Design Group, LLC will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning – We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising – Email – High volume email deployments of any type are not permitted with any Florentine Design Group, LLC shared account.
Spamming, i.e. the sending of unsolicited email, from any Florentine Design Group, LLC server or any server located on the Florentine Design Group, LLC network is STRICTLY prohibited. Florentine Design Group, LLC will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Florentine Design Group, LLC.
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 Florentine Design Group, LLC 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 or selling lists of email addresses from 3rd parties for mailing to or from any Florentine Design Group, LLC.-hosted domain, or referencing any Florentine Design Group, LLC account, is prohibited.
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, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
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 is prohibited.
Server Abuse – Any attempts to undermine or cause harm to a Florentine Design Group, LLC server or subscriber of Florentine Design Group, LLC is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System Interfering with, intercepting or expropriating any system, data or information Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mail bombing,” or “crashing” any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Florentine Design Group, LLC and all dedicated servers must adhere to the above policies.
Password Security And Account Authorization
Florentine Design Group, LLC provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer.
Florentine Design Group, LLC will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise, hacking, data loss or failed backups.
Technical Support & Backups
All technical support shall be billed on an hourly basis when it does not involve server uptime and availability. Customers are responsibile for their own backups and data retention. FDG Web may assist with restoration of data, limited to restoring from client provided backups, or any other backup source that may exist. This does not include work related to applications, sites or systems that may be contained in any restored files. Florentine Design Group, LLC shall not be responsible for the suitability or fitness of any backup file for any purpose.
Scheduled Maintenance And Downtime
Florentine Design Group, LLC will use its commercially reasonably efforts to provide hosting services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Florentine Design Group, LLC’s control or which are not reasonably foreseeable by Florentine Design Group, LLC, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Florentine Design Group, LLC will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Florentine Design Group, LLC has no responsibility for downtime resulting from a user’s actions.
Any violation of Florentine Design Group, LLC’s Terms of Service Agreement shall result in no refund.
Florentine Design Group, LLC may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Florentine Design Group, LLC may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Florentine Design Group, LLC website. This reference will be strictly limited to disclosure that Florentine Design Group, LLC has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Florentine Design Group, LLC. However, Florentine Design Group, LLC may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
LIMITATIONS ON USE
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
ACCOUNT SETUP, BACKUPS, TERMINATION, AND BILLING:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.
Returned Check Fee and Credit Card Charge Backs A returned check penalty fee of $50 will be charged to any customerís account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customerís behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customerís account, each account will be assessed the $50 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
A credit card charge back fee of $50 will be charged to any customerís account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customerís behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customerís account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, Florentine Design Group, LLC reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
Florentine Design Group, LLCíS REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to Florentine Design Group, LLC in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Florentine Design Group, LLC shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customerís cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Florentine Design Group, LLC all Fees and other amounts due and owing for Services provided through and including the effective date of termination.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation.
COURTESY SERVICES FOR CUSTOMERS
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Florentine Design Group, LLC is not responsible for lost data or for lost data due to third party software that is not maintained by Florentine Design Group, LLC programming staff. (Cpanel is not associated with Florentine Design Group, LLC)
LIMITATION OF DAMAGES OR LIABILITY
EXCEPT AS DESCRIBED IN THE SLA, Florentine Design Group, LLC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. Florentine Design Group, LLC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF Florentine Design Group, LLC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, Florentine Design Group, LLC PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND Florentine Design Group, LLC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Florentine Design Group, LLC
By accessing our networks and servers, opening an account or paying for hosting services, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Florentine Design Group, LLC administrators without prior notice.
All prices are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. Florentine Design Group, LLC maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Any dispute between Florentine Design Group, LLC and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Washington law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Snohomish County, Washington, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
TRADEMARKS AND COPYRIGHTED MATERIAL.
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
All use of Florentine Design Group, LLC’s network and the Services by Customer and its End Users will comply with Florentine Design Group, LLC’s Acceptable Use Policy (AUP), which is incorporated by reference herein by reference. Florentine Design Group, LLC may make reasonable changes to the AUP at any time and such change will be effective upon posting to Florentine Design Group, LLC’s website or other notice to Customer. Florentine Design Group, LLC may suspend the Services or otherwise restrict access to the Florentine Design Group, LLC network without notice if Florentine Design Group, LLC learns of, an AUP violation that, in its reasonable discretion, is unlawful or is likely to cause loss or liability to Florentine Design Group, LLC or any other party. Any such suspension or restriction will be on the most limited basis as Florentine Design Group, LLC determines is reasonably practical under the circumstances in order to address the underlying violation. Customers will indemnify, defend, and hold Florentine Design Group, LLC and contractors harmless from any and all third party claims, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees and court costs, or liabilities arising from or related to the use or resale of the Service, including, without limitation, any violation of this Section.
FDG-WEB ACCEPTABLE USE POLICY (AUP)
Last Modified: February 2013
Florentine Design Group, LLC and its affiliates (“FDG-WEB”) provide a variety of information, Internet, network-, and technology-related services (“Services”). FDG-WEB has formulated this Acceptable Use Policy (“AUP”) in order to ensure the appropriate use of the Services and the FDG-WEB network, systems, and facilities (“Infrastructure”) by our customers, our customers’ customers, members or end-users, and any other parties who use or access the Services or the Infrastructure (collectively, “Users”). All Users must comply with this AUP. FDG-WEB reserves the right to change this AUP from time to time and will notify Users by posting a revised copy of the AUP on the FDG-WEB Web site. By using or accessing the FDG-WEB Services or Infrastructure, Users agree to be bound by the terms of this AUP. Any indirect or attempted violation of this policy by or on behalf of a User, and any actual or attempted violation by a third party on behalf of a User, shall be considered a violation of the policy by the User and the User shall be held directly accountable therefore.
B. Acceptable Use
Users shall not use the FDG-WEB Services or Infrastructure to transmit, distribute, or store material: (a) in violation of any applicable law, regulation, or judicial order; (b) that violates the terms of this AUP, the terms of any applicable agreement with FDG-WEB, or any other FDG-WEB policy applicable through the Agreement; (c) that interferes with or adversely affects the Services or Infrastructure or use of the Services or Infrastructure by other FDG-WEB customers; or (d) that may expose FDG-WEB to criminal or civil liability. Users shall cooperate with FDG-WEB in investigating and correcting any apparent breach of this AUP. Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute, or otherwise access or make available using the Services or Infrastructure.
In particular, but without limiting the more general prohibitions in this AUP, Users shall not use the Services or Infrastructure, or assist anyone else to:
Transmit, distribute or store information or material that, as reasonably determined by FDG-WEB, is (a) inappropriate, obscene (including pornography), defamatory, threatening, abusive, advocating violence, or which violates a law, regulation, or public policy; (b) harmful to or interferes with FDG-WEB’ provision of Services, the Infrastructure, or any third party’s networks, equipment, applications, services, or Web sites (e.g., viruses, worms, Trojan horses, etc.); (c) would infringe, dilute, misappropriate, or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); (d) fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”); or (e) violates generally accepted standards of Internet usage;
Attempt to disrupt, degrade, impair, or violate the integrity or security of the Services or Infrastructure or the computers, services, accounts, or networks of any other party (e.g., “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of FDG-WEB IP space;
Avoid incurring charges or otherwise being required to pay for Services;
Transmit unsolicited bulk e-mail messages (“Spam”); having third parties send out Spam on any user’s behalf; receiving replies from unsolicited e-mails (commonly referred to as “drop-box” accounts) or configuring any e-mail server in such a way that it will accept third party e-mails for forwarding (e.g., “open mail relay”). Bulk e-mail may only be sent to recipients who have expressly requested receipt of such e-mail messages via a “verified opt-in” process, which must be adhered to in its entirety for any bulk e-mail to be considered “solicited” by FDG-WEB. Users that send bulk e-mail must maintain complete and accurate records of all e-mail subscription requests (verified opt-ins), specifically including the e-mail and associated headers sent by every subscriber, and to immediately provide FDG-WEB with such records upon request of FDG-WEB. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization. Users are also prohibited from using the service of another provider to send Spam in order to promote a site hosted on or connected to the Services or Infrastructure, and Users shall not use the Services or Infrastructure in order to (a) send e-mail messages that are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, or (d) send malicious e-mail, including, without limitation, “mailbombing”;
Violate any charters, policies, rules or agreements promulgated by any search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services accessed via the Services or Infrastructure (“Usenet Rules”), including, without limitation, any cross postings to unrelated news groups, continued posting of off-topic messages, and disrupting newsgroups with materials, postings, or activities that are inappropriate (as determined by FDG-WEB in its sole discretion), unless such materials or activities are expressly allowed or encouraged under the Usenet Rules;
Violate the applicable acceptable use policies of other ISPs when data, content, or other communications are carried across the networks of such ISPs.
C. FDG-WEB’ Rights and Remedies
FDG-WEB has no responsibility for any material or information created, stored, maintained, transmitted, or accessible on or through the Services or Infrastructure and is not obligated to monitor or exercise any editorial control over such material. FDG-WEB has no responsibility for creating, storing, maintaining or restoring any backups of any files users may require. Users are responsible for their own backups and data. In the event that FDG-WEB becomes aware that any such material may violate this AUP and/or expose FDG-WEB to civil or criminal liability, FDG-WEB reserves the right to investigate such material, block access to such material, and suspend or terminate any Services without liability. FDG-WEB further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that FDG-WEB believes is responsible for such violation. FDG-WEB also reserves the right to implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit in any way FDG-WEB’ rights and remedies at law or in equity that may otherwise be available.