OUR TERM OF SERVICE
The use of services from Freedock Hosting Company
constitutes agreement to these terms.
1. Account Setup / Email on file:
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) in case of fraud.
It is
your responsibility to provide us with an email address which is not
at the domain(s) you are signing up under. If there is ever an abuse
issue or we need to contact you, the primary email address on file
will be used for this purpose. It is your responsibility to ensure
the email address on file is current or up to date at all times. If
you have a domain name registered with FREEDOCK HOSTING COMPANY ,
it is your responsibility to ensure that the contact information for
your domain account and your actual domain name(s) is correct and
up-to-date. Freedock Hosting Company would not be responsible for
a lapsed registration due to outdated contact information being associated
with the domain. If you need to verify or change this information,
you should contact our sales team via email. Providing false contact
information of any kind may result in the termination or suspension
of your account.
Transfers:
Our transfers team will make every effort to help you move your site
to us. However, transfers are provided as a courtesy service, and
we can not
make guarantees regarding the availability, possibility, or time required
to complete an account transfer. Each hosting company is configured
differently, and some hosting platforms save data in an incompatible
or proprietary format, which may make it extremely difficult if not
impossible to migrate some or all account data. We will try our best,
but in some cases we may be unable to assist you in a transfer of
data from an
old host.
2. Content:
All services provided by FREEDOCK HOSTING COMPANY may only be used
for lawful purposes only.
The customer agrees to indemnify and hold harmless FREEDOCK HOSTING
COMPANY from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
highly prohibited. This includes but is not limited to unauthorized
copying of music, books, photographs, or any other copyrighted work.
The offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account. Any account
found to be in violation of another copyright will be expeditiously
removed, or access to the material disabled. Any account found to
be in repeated violation of copyright laws will be suspended and/or
terminated from our hosting. If you believe that your copyright or
trademark is being infringed upon,
please email support@freedock-hostingcom.com with the information
required. If the request is of a licensing issue, we may require further
documentation.
Using a shared account as a backup/storage device is not permitted,
with the exception of one cPanel backup of the same account. Please
do not take
backups of your backups.
Examples of unacceptable material includes:
* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Pornography
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Sale of any controlled substance
without prior proof of appropriate
permit(s)
* Lottery Sites
* MUDs/RPGs/PBBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal
content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at
aa419.org & escrow-fraud.com)
* Mailer Pro
Freedock Hosting Company: services including all related equipment,
networks and network
devices are provided only for authorized customer use. Freedock Hosting
Company systems
may be monitored for all lawful purposes, including to ensure that
uses is authorized, for management of the system, to facilitate protection
against
unauthorized access, and to verify security procedures, survivability,
and operational security. During monitoring, information may be examined,recorded,
copied and used for authorized purposes. Use of Freedock Hosting Company
system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a
third party network or system without authorization from the third
party is subject to suspension. Access to
networks or systems outside of your direct control must be with expressed
written consent from the third party. Freedock Hosting Company, may
at its discretion,request and require documentation to prove access
to a third party network or system is authorized.
We reserve the right to refuse service
to anyone. Any material that, in our judgement, is obscene, threatening,
illegal, or violates our terms of
service in any manner may be removed from our servers (or otherwise
disabled), with or without notice.
Failure to respond to email from our
abuse department within 48 hours may result in the suspension or termination
of your services. All abuse issues must be dealt with via email and
will have a response within 48 hours.
If in doubt regarding the acceptability
of your site or service, please contact us at:
(E-mail:support@freedock-hostingcom.com)
and we will be happy to assist you.
Potential harm to minors is strictly
forbidden, including but not limited
to child pornography or content perceived to be child pornography.
Also any site found to be hosting adult pornography or linking to
child pornography
will be suspended immediately without notice.
It is your responsibility to ensure
that scripts/programmes installed under
your account are secure and permissions of directories are set properly,regardless
of installation method. When at all possible, set permissionson most
directories to 755 or as restrictive as possible. Users are
ultimately responsible for all actions taken under their account.
This
includes the compromise of credentials such as user name and password.
It is required that you use a secure password. If a weak password
is used,
your account may be suspended until you agree to use a more secure
password.
3.) Zero Tolerance Spam Policy:
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and purchased lists
will be treated
as spam. Any user who sends out spam will have their account terminated
with or without notice.
Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax,
email,
instant messaging, or usenet/newsgroups. No organization or entity
listed
in the ROKSO may be hosted on our servers.
Any account which results in
our IP space being blacklisted will be immediately suspended and/or
terminated.
Freedock Hosting Company : reserves
the right to require changes or disable as necessary any
web site, account, database, or other component that does not comply
with its established policies, or to make any such modifications in
an emergency at its sole discretion.
Freedock Hosting Company: reserves
the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee or any charges incurred
for blacklist removal. This cost of the clean up fee is entirely at
the
discretion of Freedock Hosting Company .
4.) Payment Information:
You agree to supply appropriate payment for the services received
from Freedock Hosting Company , in advance of the time period during
which such services are provided. You agree that until and unless
you notify Freedock Hosting Company of your
desire to cancel any or all services received, those services will
be billed on a recurring basis. This includes when accounts are suspended.
When an account's invoices are paid outside of the 10 day grace period,invoices
will not be automatically generated. However, after the customer notifies
Freedock Hosting Company of his or intent to resume service, invoices
will be
manually generated and payment expected for the time the account was
suspended.
Cancellations must be done . Once
we receive your cancellation and have confirmed all necessary information
with you via e-mail, we will inform you in writing (typically email)
that
your account has been canceled. Your cancellation confirmation will
sent.
An employee will confirm your request (and process your cancellation)
shortly
thereafter. If you do not hear back from us, or do not receive the
automatic confirmation email within a few minutes after submitting
your
cancellation, please contact us immediately via phone. We require
that cancellations of service are done through the support client
area to:
(a) Confirm your identity.
(b) Confirm in writing you are prepared for all
files/emails to be removed.
(c) Document the request. This process
reduces the likelihood of mistakes, fraudulent/malicious requests,
and
ensures you are aware that the files, emails, and account may be removed
immediately after a cancellation request is processed.
As a client of Freedock Hosting Company
, it is your responsibility for all invoices to be paid
in time. You agree that until and unless you notify Freedock Hosting
Company of your
desire to cancel any or all services received (by the proper means
listed in the appropriate section of the Terms of Service), those
services will
be billed on a recurring basis, unless otherwise stated in writing
.
Freedock Hosting Company provides a 7 days grace period from the time
the invoice is generated and when it must be paid. Any invoice that
is
outstanding for 7 days and not paid may result in to late fees 30%
of your expected paid fees and/or an account suspension until account
balance has been paid in full.
It is the customer's responsibility to notify our sales team via email
at
sales@freedock-hostingcom.com after paying for a domain renewal and
to ensure the mail is received and acted upon. Domain renewal notices
and invoices areprovided as a courtesy reminder and Freedock Hosting
Company cannot be held responsible
for failure to renew a domain or failure to notify a customer about
a
domain's renewal.
Freedock Hosting Company reserves
the right to change any other charges at anytime.
5.) Backups and Data Loss:Your use
of this service is at your sole risk. Our backup service is
provided to you as a courtesy. Freedock Hosting Company is not responsible
for files
and/or data residing on your account. You agree to take fullresponsibility
for files and data transferred and to maintain all
appropriate backup of files and data stored on Freedock Hosting Company
servers. Backups
will not be provided for accounts that have been suspended or terminated
for any reason unless otherwise agreed to in writing by Freedock Hosting
Company.
6.) Cancellations and RefundsFreedock
Hosting Company reserves the right to cancel, suspend, or otherwise
restrictaccess to the account at any time with or without notice.
Any abuse of our staff in any medium
or format will result in the
suspension or termination of your services.
Customers may cancel at any time via
a cancellation form. Freedock Hosting Company gives
you an unconditional 30 day money back guarantee on managed shared
hosting solutions.
The following methods of payments are non-refundable, and refunds
will be
posted as credit to the hosting account:
* Bank Transfers
* Checks
There are no refunds on dedicated
servers, administrative fees, install
fees for custom software, or domain name purchases. Refund requests
for
shared accounts after the initial 30 days will be refunded on
a prorated basis of any unused time.
Only first-time accounts are eligible
for a refund. For example, if you've
had an account with us before, canceled and signed up again, you will
not
be eligible for a refund or if you have opened a second account with
us.
Violations of the Terms of Service
will waive the refund policy.
7. Resource Usage:
User may not:
a) Use 25% or more of system resources for longer then 90 seconds.
There
are numerous activities that could cause such problems; these include:
CGI
scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point
in time
on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash /
AdSpy)
on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. You may link
to
legal torrents off-site, but may not host or store them on our shared
servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially
result in a warning first, and if no action is taken future suspension.
Accounts found to be exceeding the 100,000 inode limit will automatically
be removed from our backup system to avoid over-usage. Every file
(a
webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode
limits are unlikely to be suspended;
however, accounts that constantly create and delete large numbers
of files
on a regular basis, have hundreds of thousands of files, or cause
file
system damage may be flagged for review and/or suspension. The primary
cause of excessive inodes seems to be due to users leaving their catchall
address enabled, but never checking their primary account mailbox.
Over
time, tens of thousands of messages (or more) build up, eventually
pushing
the account past our inode limit. To disable your default mailbox,
login
to cPanel and choose "Mail", then "Default Address",
"Set Default
Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than its allocated will be removed
from our off site weekly backup with the exception of Databases continuing
to be backed up. All data will continue to be mirrored to a secondary
drive which helps protect against data loss in the event of a drive
failure.
8.) Bandwidth Usage You are allocated
a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account
pass
the allocated amount we reserve the right to suspend the account until
the
start of the next allocation, suspend the account until more bandwidth
is
purchased at an additional fee, suspend the account until you upgrade
to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot
be
carried over to the next month.
9a.)
Each of Freedock Hosting Company managed
shared servers carry a 30 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 30 days of your service,
you
will be given a full refund of the contract amount. Remember, this
is only
for monthly shared packages and does not apply to dedicated
servers, administrative fees, install fees for custom software, or
domain
name purchases.
Freedock Hosting Company will not
activate new orders or activate new packages for
customers who have an outstanding balance with Freedock Hosting Company
.
9b.) Uptime Guarantee
If your shared server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion
upon justification provided. Third party monitoring service reports
may
not be used for justification due to a variety of factors including
the
monitor's network capacity/transit availability. The uptime of the
server
is defined as the reported uptime from the operating system and the
Apache
Web Server which may differ from the uptime reported by other individual
services.
10) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you
wish to
resell hosting you must use a reseller account. Semi-dedicated servers
are
not backed up. You must maintain your own backups.
11) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed
and the right to increase the amount of resources given to plans at
any
time.
12) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Fr
ess from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against F.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, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless F.gainst liabilities
arising out of:
(1) any injury to person or property caused by any
products sold or otherwise distributed in connection with
(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 customers from Fserver.
13 Arbitration By using any Fservices,
you agree to submit to
binding arbitration. If any disputes or claims arise against For
its subsidiaries, such disputes will be handled by an arbitrator of
F An arbitrator from the American Arbitration Association or
the National Arbitration Forum Arbitrators shall be attorneys or retired
judges and shall be selected
pursuant to the applicable rules. All decisions rendered by the arbitrator
will be binding and final. The arbitrator's award is final and binding
on
all parties. The Federal Arbitration Act, and not any state arbitration
law, governs all arbitration under this Arbitration Clause. You are
also
responsible for any and all costs related to such arbitration.
14) Disclaimer
Freedock Hosting Company shall not be responsible for any damages
your business may
suffer. Freedock Hosting Company makes no warranties of any kind,
expressed or implied for
services we provide. Freedock Hosting Company disclaims any warranty
or merchantability or
fitness for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all service
interruptions caused by Freedock Hosting Company and its employees.
15) Disclosure to law enforcement
Freedock Hosting Company may disclose any subscriber information to
law enforcement
agencies without further consent or notification to the subscriber
upon
lawful request from such agencies. We will cooperate fully with law
enforcement agencies
16) Changes to the TOS
Freedock Hosting Company reserves the right to revise its policies
at any time without
notice.