FreeccHost.com Terms Of Service
FreeccHost.Com (Business Enterprise "BDCServer Ltd.") provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of FreeccHost.com are subject to the following terms of service:
Indemnification Policy
You agree to use all FreeccHost.com services and facilities at your own risk.
FreeccHost.com specifically disclaims all warranties of merchantability and
fitness for a particular purpose. In no event shall FreeccHost.com be liable for
any loss, or loss of data, or other commercial damage, including but not limited
to special, incidental, consequential or other damages. Customer agrees that it
shall defend, indemnify, save and hold FreeccHost.com harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney¡¯s
fees asserted against FreeccHost.com, 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 FreeccHost.com
against liabilities arising out of: Any injury to person or property caused by
any products sold or otherwise distributed in connection with FreeccHost.com¡¯s
server. FreeccHost.com reserves the right to intervene with any of the sites
hosted on its' servers in the interest of its' customers. Any material supplied
by customer infringing or allegedly infringing on the proprietary rights of a
third party Copyright infringement any defective products sold to customer from
FreeccHost.com¡¯s server. FreeccHost.com shall be the sole judge of what violates
this Policy.
Billing:
At this time we bill monthly,
quarterly, semi-annually and annually, depending upon the plan. If you are not
satisfied within your first 30 days we would be happy to provide you with a full
refund (For some special offers the money-back-guaranteed day will be varied;
and Domain Name registration fee is nonrefundable). We accept Visa, Master Card,
American Express, Discover Card. For webhosting plans we will setup your account
without any paying.
Clients are encouraged to pay by credit card as it is the easiest way to
handle payment at this time. Their are no contract periods but for each
successive period, your contract is automatically renewed unless we are notified
otherwise.
Late Payments:
All accounts are billed according to the dates
they were first activated on. If you will not pay for service renew in 5 days
after deactivation, your account will be suspended. If you will not pay for
service renew in 30 days after deactivation, your account will be terminated.
You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy:
All services provided by
FreeccHost.com may 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 City law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be threatening or
obscene, or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless FreeccHost.com and its employees from any
claims resulting from the use of the service which damages the subscriber or any
other party. Our acceptable use policy is actively and strictly enforced.
Offending content or users are suspended from our network, usually as soon as
they are discovered, although we will always inform you when and why any action
has been taken. Pornography is prohibited on all FreeccHost.com servers This
includes sites that include sexually explicit or hardcore images and/or
advertising. We do not have a problem with sites of an adult nature, but we do
not allow pornographic sites. If you think your site may violate our Terms Of
Service, please ask us before signing up for an account so that we may determine
if we can host your site. FreeccHost.com reserves the right to determine what is
and what isn't acceptable for our servers.
Subscriber acknowledges that the
service provided is of such a nature that service can be interrupted for many
reasons other than the negligence of the company and that damages resulting from
any interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising from such
causes beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own negligence may not
in any event exceed an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
CGI Scripts:
Each account comes with its own cgi-bin. You
are free to use any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation without prior
warning.
Banned Scripts:
The following scripts are banned from use
on our servers and may not be uploaded or run. Reasons for banning them include
adverse effects on server load, invitations to hackers/spammers/criminal
activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP
spoofers
Port scanners
Hivemail
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate
Bulletin Board, all versions)
lstmrge.cgi
phpShell
FormMail.cgi,
FormMail.pl from Matt's Script Archive are not allowed.
Background Running Programs:
Background daemons in
general are prohibited, we will consider requests on a one on one basis. If
allowed extra charges will be assessed based on resources on system maintenance
needed.
IRC:
We currently do not allow IRC or IRC bots to be
operated on our servers.
Commercial Advertising - Email:
Our servers may not be
the source, intermediary, or destination address involved in the transmission of
spam, flames, or mail bombs. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. SPAM /illegal content
advertising sites on other servers which in turn contain links to a domain on
our servers is prohibited. We consider spam any mass unsolicited message in the
mediums of Newsgroups and Email. If you are found to have spammed, then we will
immediately, without warning, disable your domain. In addition, we will impose a
$14.850 penalty for each spam policy violation. We reserve the right to refuse
or cancel service to known spammers. Lastly, we reserve the right to determine
what violates this policy. As such, any violation will result in immediate
deactivation of services without refund. Server Abuse: Any attempts to undermine
or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY:
FreeccHost.com shall not be
responsible for any claimed damages, including incidental and consequential
damages, which may arise from FreeccHost.com servers going off-line or being
unavailable for any reason whatsoever. Furthermore, FreeccHost.com shall not be
responsible for any claimed damages, including incidental or consequential
damages, resulting from the corruption or deletion of any web site from one of
FreeccHost.com servers. All damages shall be limited to the immediate termination
of service. Violations of these Acceptable Uses Policies should be referred to
info@freecchost.com. All complaints will be investigated promptly.
DISCLAIMER:
FreeccHost.com cannot be held liable for
system downtime, crashes, or data loss. We cannot be held liable for any
predicted estimate of profits in which a client would have gained if their site
was functioning. Certain services provided by FreeccHost.com are resold. Thus,
certain equipment, routing, software, and programming used by FreeccHost.com are
not directly owned or written by FreeccHost.com . Moreover, FreeccHost.com holds
no responsibility for the use of our clients accounts. If any terms or
conditions are failed to be followed, the account in question will be
automatically deactivated. We reserve the right to remove any account without
advanced notice for any reason without restitution as FreeccHost.com sees fit.
FURTHERMORE, FreeccHost.com retains the right to change any or all of the above
Policies, Guidelines, and Disclaimer without notification.
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