The CUSTOMER agrees to maintain a secure
password to the account. Secure passwords
are those that are between 6 and 8 characters
long, contain upper and lower case letters,
and numbers or other characters, and can
not be found in direct or reverse order
in a dictionary, without regard to the language
of the dictionary. The CUSTOMER is solely
responsible for changing its password as
required to assure secure access to its
account.
The CUSTOMER agrees to use the services
provided by CFS Hosting LLC as permitted
by applicable local, provincial, state,
and federal laws. The CUSTOMER agrees, therefore,
not to use these services to conduct any
business or activity or solicit the performance
of any activity that is prohibited by law,
libelous, or against any CFS Hosting LLC
policy.
CFS Hosting LLC reserves the right to refuse
service to any new or existing customers
and refund the remaining balance on the
account, if any.
The CUSTOMER is solely responsible for any
legal liability arising out of, or relating
to, his/her web site at CFS Hosting LLC.
The ACCOUNT HOLDER represents and warrants
to CFS Hosting LLC that it holds the necessary
rights to permit the use of any of the items
on his/her web site, and, that the use,
reproduction, distribution, transmission
or display of any data to the public, and
any material to which the public can link
through, or any products of services made
available to the public through his/her
web site, will not violate or potentially
violate any criminal laws or any rights
of any third parties, including, but not
limited to, such violations as infringement
or misappropriation of any copyright, patent,
trademark, trade secret, music, image, or
other proprietary or property right, false
advertising, unfair competition, defamation,
business or personal dispute or argument,
invasion of privacy or rights of celebrity,
violation of any anti discrimination law
or regulation, or any other right of any
person or entity, or any personal or business
argument or dispute; or contain any material
that is: unlawful, harmful, fraudulent,
libelous, slanderous, threatening, abusive,
harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically,
disputatiously, argumentatively or otherwise
objectionable, including, without limitation,
any material that encourages conduct that
would constitute a criminal offense, give
rise to civil liability, or otherwise violate
any applicable local, provincial, state,
national or international law. CUSTOMER
agrees to indemnify and to hold CFS Hosting
LLC, and any third party entities related
to CFS Hosting LLC, harmless from and against
any and all liability, loss, damages, claims,
or causes of action, including reasonable
legal fees and expenses arising out of or
related to:
The CUSTOMER's breach of any of the forgoing
representations and warranties, or any other
third party claim with respect thereto.
The CUSTOMER understands and agrees that
hosting of the CUSTOMER's web site is at
the sole discretion of CFS Hosting LLC.
CFS Hosting LLC may at its sole discretion
discontinue web site hosting service to
any CUSTOMER operating a web site that CFS
Hosting LLC deems to be in violation of
Section (1d.) of these Terms and Conditions.
CFS Hosting LLC accounts cannot be transferred
or used by anyone other than the subscriber.
CUSTOMERS may not sell, lease, rent or assign
the connection or parts of the connection
to any party not named in this agreement,
unless the CUSTOMER has entered into a Reseller
Agreement with CFS Hosting LLC.
CUSTOMER understands that all mail held
on our servers that is greater than or equal
to 30 days of age will periodically permanently
removed from the server. This mail cannot
be retrieved after removal.
Use of other organizations' networks or
computing resources is subject to their
respective permission and usage policy.
CUSTOMER will endeavour to prevent viruses
from corrupting CFS Hosting LLC systems.
CFS Hosting LLC may run anti-virus programs
to minimize damages.
CUSTOMER is solely responsible for all backups
of web site content, databases, mail and
all items related to the functionality of
the CUSTOMER web site.
CUSTOMER acknowledges that any recommendation
by CFS Hosting LLC employees for services
or products aucilliary to CFS Hosting LLC's
services are the recommendations of that
employee and not of CFS Hosting LLC. CFS
Hosting LLC does not warrant the integrity
or quality of the service or product provided
by such third parties.
CFS Hosting LLC reserves the right to place
CFS Hosting LLC logo's, trademarks, copyrights,
service marks, advertising, third-party
advertising on ANY, and ALL, CFS Hosting
LLC, CFS Hosting LLC licensed or third-party
licensed CFS Hosting LLC services, web sites
and software including, but not limited
to, http://www.creativefire.net web site
and affiliated web sites, support services,
reseller services, whois, email, control
panels (e.g. HELM) and web based email clients
(e.g. Horde).
Any use of CFS Hosting LLC system resources
that disrupts the normal use of the system
for other CFS Hosting LLC customers is considered
to be abuse of system resources and is grounds
for administrative intervention. Some examples
of system abuse include, but are not limited
to, spawning dozens of processes, consuming
excessive amounts of memory or CPU for long
periods of time, spamming or mass emailing
using internal or external mail and/or news
servers. Without limiting the scope of the
above, CFS Hosting LLC forbids the storage
of illegal/pirated software (warez), the
use of any type of IRC bot and/or proxy
(including, but not limited to, bnc and
eggdrop), the storage and use of any type
of software intended for hacking/cracking
purposes and the storage or sale of bulk
e-mail lists intended for spamming or resale
purposes.
Depending on the nature and the severity
of the abuse, the user may receive an E-mail
warning or have his/her account suspended
by CFS Hosting LLC Technical Support. If
the misuse is unintentional, the suspension
may be rescinded following discussion with
CFS Hosting LLC Technical Support. If the
misuse is intentional, the suspension may
be rescinded at the discretion of the Operations
Manager, and may require the payment of
a service re connection charge. Occasionally,
unintentional misuse is misclassified as
intentional misuse. Customers who believe
their activity has been misclassified may
appeal to the Operations Manager. However,
spamming activities will result in immediate
termination of services to CUSTOMER.
Unethical and criminal offenses are violations
of CFS Hosting LLC conditions of use. You
are expected to report to CFS Hosting LLC
any information you may have concerning
instances in which the conditions of use
have been or are being violated. When CFS
Hosting LLC becomes aware of possible violations,
we will initiate an investigation. At the
same time, in order to prevent further possible
unauthorized activity, CFS Hosting LLC may
suspend access to services to the individual
account in question. Confirmation of violations
may result in cancellation of the individual
account and/or criminal prosecution. The
account suspension may be rescinded at the
discretion of the Operations Manager, following
payment of a reconnection charge of no less
than $500.00 US currency.
Any abuse towards any CFS Hosting LLC employee
will not be tolerated. You are expected
to request and respond to support and other
issues in a professional manner. When corresponding
with CFS Hosting LLC refrain from using
caps, exclamation points, and other forms
of written yelling. Any cursing, yelling,
or further intentional disruptive behavior
aimed at CFS Hosting LLC or it's employees
shall be considered a violation of this
policy.
Any threat, whether verbally, orally, written,
or delivered by second parties directed
towards CFS Hosting LLC or any of it's employees,
partners, equipment, and concerns shall
be construed as a violation of this policy.
Any conduct viewed as violating this section
shall be considered a violation of this
policy. CFS Hosting LLC will be the sole
arbitrator in regards to what is deemed
a violation.
No refunds shall be given when the contents
of this section necessitates removal of
the account.
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