These Terms of Service (the “Agreement”) are an agreement between Fireline Hosting, LLC (“Fireline” or “us” or “our”) and you (“Customer” or “User” or “you” or “your”). All use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Fireline Hosting’s services implies agreement with these terms.
1. Account Setup / Primary Email on File
We will setup your account after we have received payment (unless otherwise agreed) 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 @ 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.
2. Content
All services provided by Fireline may only be used for lawful purposes. The laws of the State of New York and the United States of America apply. The customer agrees to indemnify and hold harmless Fireline from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is 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.
If you believe that your copyright or trademark is being infringed upon, please submit a take-down request using our form located here.
We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers 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.
If in doubt regarding the acceptability of your site or service, please contact us 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. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the account terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
3. Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Fireline 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.
Fireline reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Fireline.
4. Payment Information
You agree to supply appropriate payment for the services received from Fireline, in advance of the time period during which such services are provided. You agree that until and unless you notify Fireline of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing. Fireline reserves the right to change the monthly payment amount and any other charges at anytime.
5. Cancellations and Refunds
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 which can be found here. Refunds will be issued for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, custom development fees, Credit Card fees, SSL certificates, purchased stock photography, domain name purchases, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
6. Resource Usage
Customers/users 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 any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
h) Run cron entries with intervals of less than 15 minutes.
7. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting plan 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.
8. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Fireline Hosting harmless from any and all demands, liabilities, losses, costs and claims, including any and all attorney fees asserted against Fireline Hosting, 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 Fireline Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fireline Hosting; (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 a Fireline Hosting server.
IF LAWSUIT(S) ARE THREATENED AGAINST FIRELINE HOSTING. If Fireline Hosting is sued or threatened with a lawsuit in connection with Fireline Hosting service(s) provided, we may turn to you to indemnify us and to hold us harmless from the claims and expenses which include but are not limited to attorney fees and other court costs. Under these circumstances you agree that you will upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit one year from the conclusion of the matter.
9. Domain Names
If your domain name is registered with a third party registrar (ex – Network Solutions, Go Daddy), it is your responsibility to renew that domain name with them. Failure to renew a domain name with a third party registrar will cause your website and e-mail to become unavailable.
Domain names that are registered through Fireline Hosting LLC will be managed and renewed by us. You will be charged for the domain renewal by Fireline Hosting LLC. All domain names registered by Fireline Hosting LLC for our customers are registered in the customer’s name; therefore, the customer will be the official owner of the domain.
Privacy Guard is also included on all domain registrations and renewals in order to prevent your contact information (telephone and email address) from from being collected by spammers or scammers that harvest data from the domain WHOIS database. This service is included in the domain registration fee.
10. Host Reselling
Hosting accounts may not resell web hosting or email service to other people.
11. Disclosure to Law Enforcement
Fireline Hosting 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.
12. Disclaimer
Fireline Hosting under no circumstance will be responsible for damages of any kind that your business may suffer. Fireline Hosting makes no warranties of any kind, expressed or implied for services we provide. Fireline Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes but is not limited to, loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, network issues, wrong delivery and any and all service interruptions caused by Fireline Hosting, its employees or otherwise.
13. Changes to Terms of Service (TOS)
Fireline reserves the right to alter, revise, update and change in the Fireline Terms of Service (TOS) in anyway without notice at any time under Fireline’s sole discretion and can apply any and all changes and updates retroactively.
