Terms of Service
The Terms of Service (TOS) below apply to FSNET Hosting Solutions services. We have been happily providing web hosting services for our clients since 2001, and are happy to offer the same services to customers who wish a solid web hosting account and are happy to "play fair". If you have any questions, please contact us.
Acceptable Content
All services provided by FSNET Hosting Solutions may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any United States Federal, State or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorization for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.
Further, the following content is prohibited on FSNET Hosting Solutions accounts, as are links to such content:
FSNET Hosting Solutions 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 customer.
Customer agrees to indemnify and hold harmless FSNET Hosting Solutions from any claims resulting from Customer's use of FSNET Hosting Solutions services which damages Customer or any other party.
Commercial Advertising - Email
No Spam: Sending of unsolicited email (email spam) from our servers is STRICTLY prohibited. While we attempt to be fair, FSNET Hosting Solutions will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in/Opt-out mail programs and email that either directly or indirectly references a domain contained within an account at FSNET Hosting Solutions .
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 Customer 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 or from any DianeV Web Hosting-hosted domain (website), or referencing any FSNET Hosting Solutions account is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy of any other Internet Service Provider, including but not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, 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.
Unacceptable Software and Server Abuse
Use of the following is in violation of our Terms of Service, and shall result in immediate termination of the account:
"UNLIMITED" Usage Polices and Definitions
Limitations on Use, Cancellations and Non-Payment
FSNET Hosting Solutions maintains the right to cancel accounts at its discretion.
Any web hosting account using 15% or more of the server CPU or memory will be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling ? or, more than likely, we may opt to request that you upgrade your service plan immediately or move your website.
Account Billing and Termination: Web hosting accounts will be billed yearly. We normally will send an email invoice approximately one month prior to the lapse of your yearly account.
Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account. Alternatively, the account may be terminated and all information within the account deleted. If you are not intending to pay for your web hosting account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Paying by Check: orders for customers who wish to pay by check will be set up when the check is received and clears our bank.
Parked Domain Names: There is a one-time, non-refundable fee of $15 for parking additional domain names (pointing a domain name to your website domain name).
Courtesy Backup and Services for Customers: all services such as backup and cPanel are provided as a courtesy to Customer. We will do our best to help; however, it is the sole responsibility of Customer to maintain Customer's own backup of any data. FSNET Hosting Solutions is not responsible for lost data or for lost data due to software that we do not maintain. (cPanel is not associated with FSNET Hosting Solutions.)
Limitation of Damages
Recovery of damages from FSNET Hosting Solutions may not exceed the amount of fees it has collected on the account.
Refunds
30-day Money Back Guarantee:
If you wish to cancel your web hosting account within 30 days of ordering it, we will refund your funds promptly, less any setup fee you paid. (30-day money back guarantee applies to first month's hosting fee. Please note this does not apply to SSL, design, marketing, domain registration, or one time setup fee..)
General: Refunds will be made for FULL months only. Notice of cancellation must be given before the month in question begins. Setup fee is NON-refundable.
Violation of Terms of Service: In addition to the above, any violation of our Terms of Service Agreement shall result in no refund. This includes, but is not limited to, criminal actions that result in termination of a web hosting account.
General
These Terms of Service are a legally binding contract between Customer and FSNET Hosting Solutions. By opening an account, Customer agrees to the above-stated terms.
These Terms Of Service are subject to change without any prior notification, and any changes will be posted here. Anything not listed in the Terms of Service is open to interpretation and change by FSNET Hosting Solutions without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. FSNET Hosting Solutions maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Lastly, we reserve the right to refuse service to anyone for any reason.
Dispute Resolution
Any dispute between FSNET Hosting Solutions and a Customer 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 Tennessee 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 Davidson County, Tennessee, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Acceptable Content
All services provided by FSNET Hosting Solutions may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any United States Federal, State or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorization for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.
Further, the following content is prohibited on FSNET Hosting Solutions accounts, as are links to such content:
- Pornography and sex related merchandising, includes sites that may imply sexual content, or link to adult content elsewhere.
- Websites that promote any illegal activity or content or files that may be damaging to FSNET Hosting Solutions servers or any other server on the Internet
- Medical, psychiatric/psychology, illegal, get rich quick or hate material
- IRC Software
- Pirated software
- Hacking sites, programs or archives
- Warez Sites
- Distribution of music files or any other material for which the account holder does not own the copyright
- Game Servers (dedicated game server programs)
- Housing of any of the following files is considered a violation of the terms of service:
- IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited, as are programs that act like an IRC server or that provide chat functions that run as background processes.
- 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.
FSNET Hosting Solutions 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 customer.
Customer agrees to indemnify and hold harmless FSNET Hosting Solutions from any claims resulting from Customer's use of FSNET Hosting Solutions services which damages Customer or any other party.
Commercial Advertising - Email
No Spam: Sending of unsolicited email (email spam) from our servers is STRICTLY prohibited. While we attempt to be fair, FSNET Hosting Solutions will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in/Opt-out mail programs and email that either directly or indirectly references a domain contained within an account at FSNET Hosting Solutions .
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 Customer 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 or from any DianeV Web Hosting-hosted domain (website), or referencing any FSNET Hosting Solutions account is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy or the Acceptable Use Policy of any other Internet Service Provider, including but not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, 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.
Unacceptable Software and Server Abuse
Use of the following is in violation of our Terms of Service, and shall result in immediate termination of the account:
- ShoutCast Servers - Shoutcast Servers are not allowed due to bandwidth and load issues.
- Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
- PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
- Server Abuse - any attempts to undermine or cause harm to a FSNET Hosting Solutions server or Customer of FSNET Hosting Solutions 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," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed on your account whether it is done by you or by others.
Scheduled Maintenance and Downtime
FSNET Hosting Solutions will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Customer 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 the control of FSNET Hosting Solutions or which are not reasonably foreseeable by FSNET Hosting Solutions , including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. FSNET Hosting Solutions will attempt to provide at least 48 hours advance notice to Customer for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. FSNET Hosting Solutions has no responsibility for downtime resulting from a user's actions.
"UNLIMITED" Usage Polices and Definitions
- What "Unlimited" means. FSNET Hosting Solutions does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, FSNET Hosting Solutions makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
- What "Unlimited" DOES NOT mean. FSNET Hosting Solutions employs complex mechanisms to protect its Subscribers and systems from abuse. FSNET Hosting Solutions' offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. FSNET Hosting Solutions' service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. FSNET Hosting Solutions' service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. FSNET Hosting Solutions will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, FSNET Hosting Solutions does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until FSNET Hosting Solutions can evaluate said sites resource needs.
- Unlimited Hosting Space. FSNET Hosting Solutions does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does FSNET Hosting Solutions charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the FSNET Hosting Solutions service is designed to host websites . FSNET Hosting Solutions does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice.
- Unlimited File Transfer. FSNET Hosting Solutions does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does FSNET Hosting Solutions charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, FSNET Hosting Solutions reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.
- Unlimited Domain Hosting. FSNET Hosting Solutions does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.
Limitations on Use, Cancellations and Non-Payment
FSNET Hosting Solutions maintains the right to cancel accounts at its discretion.
Any web hosting account using 15% or more of the server CPU or memory will be suspended and/or terminated. Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling ? or, more than likely, we may opt to request that you upgrade your service plan immediately or move your website.
Account Billing and Termination: Web hosting accounts will be billed yearly. We normally will send an email invoice approximately one month prior to the lapse of your yearly account.
Overdue Payment and Termination of Account: Accounts will be disabled or terminated, at our discretion, if payment is not received by the renewal date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account. Alternatively, the account may be terminated and all information within the account deleted. If you are not intending to pay for your web hosting account, or if you know that your payment will be late, it is your responsibility to back up your website files to ensure that you do not lose your data.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Paying by Check: orders for customers who wish to pay by check will be set up when the check is received and clears our bank.
Parked Domain Names: There is a one-time, non-refundable fee of $15 for parking additional domain names (pointing a domain name to your website domain name).
Courtesy Backup and Services for Customers: all services such as backup and cPanel are provided as a courtesy to Customer. We will do our best to help; however, it is the sole responsibility of Customer to maintain Customer's own backup of any data. FSNET Hosting Solutions is not responsible for lost data or for lost data due to software that we do not maintain. (cPanel is not associated with FSNET Hosting Solutions.)
Limitation of Damages
Recovery of damages from FSNET Hosting Solutions may not exceed the amount of fees it has collected on the account.
Refunds
30-day Money Back Guarantee:
If you wish to cancel your web hosting account within 30 days of ordering it, we will refund your funds promptly, less any setup fee you paid. (30-day money back guarantee applies to first month's hosting fee. Please note this does not apply to SSL, design, marketing, domain registration, or one time setup fee..)
General: Refunds will be made for FULL months only. Notice of cancellation must be given before the month in question begins. Setup fee is NON-refundable.
Violation of Terms of Service: In addition to the above, any violation of our Terms of Service Agreement shall result in no refund. This includes, but is not limited to, criminal actions that result in termination of a web hosting account.
General
These Terms of Service are a legally binding contract between Customer and FSNET Hosting Solutions. By opening an account, Customer agrees to the above-stated terms.
These Terms Of Service are subject to change without any prior notification, and any changes will be posted here. Anything not listed in the Terms of Service is open to interpretation and change by FSNET Hosting Solutions without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. FSNET Hosting Solutions maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Lastly, we reserve the right to refuse service to anyone for any reason.
Dispute Resolution
Any dispute between FSNET Hosting Solutions and a Customer 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 Tennessee 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 Davidson County, Tennessee, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.