Friend Server vides Internet World Wide Web page hosting, Design and Development Services. Friend Server has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
Friend Server’s general policy is to act as a provider of Internet presence. Friend Server has specific ethical concerns regarding the use of its computers detailed below. Friend Server reserves the right to suspend or cancel a customer's access to any or all services provided by Friend Server at any time, including but not limited to when we decide that the account has been inappropriately used
Any attempt to undermine or cause harm to a server, or customer, of Friend Server is strictly prohibited. Unauthorized use of other people's accounts or computers Friend Server will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc. Any unauthorized use of accounts or computers by a Friend Server customer, whether or not the attacked account or computer belongs to Friend Server, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Friend Server has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, copyright infringement, trademark infringement, wares, cracks, software serial numbers, and/or anything else determined by MG to be unacceptable use of Friend Server 's services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
* Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
* Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
* Displaying material containing illegal nudity and/or pornographic material
* Displaying material that exploits children under 18 years of age
* Acts of copyright infringement including offering Friend Server rated computer programs or links to such programs,
information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Friend Server takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
* Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
* Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
* Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
* Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
* Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through Friend Server (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
99.9% Uptime Guarantee
This 99.9% uptime guarantee applies to any Friend Server client in good financial standing with Friend Server at the time of a service outage.
(2.) Service Level Agreement & Specifications
Friend Server endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Friend Server to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Friend Server 's online ticketing system. If the ticketing system itself is unreachable, then the ticket must be opened by calling Friend Server Support. Friend Server 's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the Friend Server network.
For managed dedicated server and co-location customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.
Minutes of continuous downtime
5+ 60 minute intervals
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to billing@ Friend Serverserver.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Friend Server. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Friend Server, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Friend Server 's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Friend Server 's "terms of conditions and acceptable use policy" causing a machine to fail as a result.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and/or major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. MG reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Friend Server at info@Friend Serverserver.com to request for termination of services. All payment is in U.S. currency. Friend Server will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Friend Server accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at info@Friend Serverserver.com should you wish to change your anniversary billing cycle.
Friend Server reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Friend Server if Friend Server institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Friend Server 's webs hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Friend Server is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via e-mail to info@Friend Serverserver.com Phone or fax requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.
Intellectual Property Rights
Material accessible to you through Friend Server 's 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 Friend Server 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 GE network. If you use a domain name in connection with Friend Server or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Friend Server network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Friend Server will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
IP Address Ownership
Friend Server shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Friend Server and Friend Server reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Friend Server prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Friend Server price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Friend Server reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Friend Server to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Friend Server) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Friend Server as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Friend Server will reinstate Customer's domain name registration solely at Friend Server 's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
It is strongly recommended that Customer maintains, at their expense, property Insurance of an "all risk" form covering any and all equipment and personal property owned or leased by Customer and used or stored on Friend Server’s premises. Friend Server does not provide property Insurance for Customer owned equipment or personal property used or stored on Friend Server’s premises.
Friend Server reserves the right to refuse service to anyone. Customers may only use Friend Server 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 Friend Server management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Los Angeles County, California, and any dispute will be litigated or arbitrated in Los Angeles County, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Los Angeles County courts. IN NO EVENT SHALL Friend Server 'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Friend Server HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MG, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MG AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Friend Server 'S SERVICE; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Friend Server 'S SERVER.
Friend Server WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS OR PROPERTY MAY SUFFER. Friend Server MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Friend Server DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Friend Server AND ITS EMPLOYEES. GE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS AND RESELLERS OF Friend Server MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Proposed addition to Friend Server’s Terms and Conditions and/or contracts with clients
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Friend Server site, with enough detail that we may find it on the web site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Friend Server 's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Friend Server Copyright Agent
c/o Friend Serverserver.com
3742 Riley Ann Avenue
Las Vegas, NV 89139 USA
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. If you believe that material has been wrongfully removed from your website, please send a counter-notification to Friend Server 's Copyright Agent with the following information:
1. Identify the specific URLs or other unique identifying information of material that Friend Server has removed or to which Friend Server has disabled access;
2. Include a statement under penalty of perjury that the material was removed by mistake or misidentification; and
3. Sign the paper.
Friend Server 's Agent for counter-notifications can be reached as follows:
Friend Server Copyright Agent
c/o Friend Serverserver.com
3742 Riley Ann Avenue
Las Vegas, NV 89139 USA
Friend Server reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Friend Server also reserves the right to transmit any counter-notification to the complaining party.
This is an agreement between you ("Account Holder") and Friend Hosting Inc., for using services provided by Friend Hosting Inc.
1) Term Commencement
This agreement becomes effective when Account Holder registers and activates their account.
2) Renewal terms.
To terminate the services at the end of the term, you must fax a termination request form to 949-752-7737 or email your termination request to firstname.lastname@example.org at least 30 days prior to the termination date otherwise it will be renewed automatically.
3) Friend Hosting. reserves the right to change the terms of the agreement at anytime.
1) Fees and Expenses Account Holder will pay all fees due according to the prices and terms selected, including overage fees, which are those fees that may be charged if an Account Holder utilizes resources in excess of the Account Holder's plan limit.
2) Payment Terms
Accounts that are past due, will receive ten (10) days notice to pay. If the account is still unpaid after that ten (10) day cure period, services may be suspended or terminated. Reactivation of the services after termination or cancellation for any reason shall require the payment of additional installation charges and is subject to the availability of facilities.
3) Price Changes
During the term of this Agreement, Account Holder will not be charged an amount greater than the price set for the services. However, Friend Hosting reserves the right without prior notice to change the prices charged to the Account Holder for the services provided by Friend Hosting Inc. upon renewal.
Account Holder shall pay or otherwise be responsible for all federal, state, and local taxes.
1) Acceptable Use Policy Account Holder agrees that it has received, read, and understood the Acceptable Use Policy.
2) IP Address
If Friend Hosting assigns the Account Holder an Internet Protocol address, the right to use that Internet Protocol address will remain with and belong only to Friend Hosting, and the Account Holder shall have no right to use such Internet Protocol address except as allowed by Friend Hosting in its sole and absolute discretion.
The Account Holder shall be responsible for maintaining security of its password.
4) Audit Rights
Friend Hosting reserves the right to audit Account Holder's site.
Account Holder understands that Friend Hosting may conduct an investigation into the Account Holder, Account Holder's business, and/or its owners, officers, directors, managers, and other principals. Based upon that investigation, Friend Hosting reserves the right to refuse to do business or stop doing business with Account Holder.
6) Termination for Violation
Violations of these or any other provisions of this Agreement may result in termination of the services provided by Friend Hosting in its discretion, with or without the grant of a notice or cure period. Such notice or cure period to be granted at the sole discretion of Friend Hosting based upon the severity of the violation. Friend Hosting reserves the right to refuse services if any of the content within, or any links from, the Account Holder's website is deemed prohibited unlawful, unlicensed, illegal, misleading, or obscene, or is otherwise in breach of Friend Hosting's current "Acceptable Use Policy" in Friend Hosting's sole discretion. If Friend Hosting terminates the services being provided to the Account Holder due to a violation of the Acceptable Use Policy, such termination shall be without refund, and Account Holder may be liable for early termination fees.
1) Service Interruption
Friend Hosting will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Friend Hosting be liable to the Account Holder for any damages resulting from or related to any failure or delay of Friend Hosting in providing access to the Internet under this Agreement. Friend Hosting's liability is limited to the value of the Account Holder's contract.
2) Disclaimer of Actions Caused by and/or Under the Control of Third Parties
Friend Hosting DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM Friend Hosting'S NETWORK AND OTHER PORTIONS OF THE INTERNET.
3) Disclaimer of Actions Caused by and/or Under the Control of Account Holder.
Friend Hosting SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY THE ACCOUNT HOLDER'S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL OPERATIONAL ISSUES.
Effect of Termination
Any and all payment obligations of Account Holder under this Agreement for services provided through the date of termination will immediately become due.
You are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses that is generally acceptable, and the types of uses that must be avoided. Common sense is the best guide as to what is considered acceptable use. Failure to observe the guidelines set forth in this AUP can result in anything from a warning to a suspension of privileges or termination of your Service. Decisions of Friend Hosting staff are final.
You are responsible for avoiding prohibited activities. Violations of this Policy, and therefore the Service Agreement, may result in fines, suspensions, or termination of your account. The following is a list of guidelines for using your Internet account. This Policy is a guideline and is not an inclusive listing of prohibited conduct. Abuse of Email/Spamming:
An unsolicited commercial message is prohibited. Mass electronic messages or mail bombing are also prohibited. In the interest of maintaining network performance, you should not send unreasonably large electronic mail attachments. You are prohibited from running programs designed to defeat network inactivity time-outs. Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States, is prohibited. Illegal Activity:
Below are strictly prohibited.
1) Violations of rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Service.
2) Violations of any law, regulation, treaty, or tariff.
3) Threats, harassments, abuses, or damages to the name.
Interference with Other Customers f Use:
You are prohibited from using the Service in a manner that interferes with other customers f use and enjoyment. Network Security:
It is your responsibility to ensure the security of your network.
1) Failing to secure your system against abuse
2) Uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
3) Hacking ? unauthorized access to a computer network
4) Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
You must make information publicly available about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the Services obtained from Friend Hosting. Failure to responsibly manage the use of the Services obtained from Friend Hosting may be cause for termination of Services.
Subject to change without notice.