FatBandwidth.com - Infinity Web Hosting

Policies

Terms of Service

Privacy Policy

Acceptable Use Policy

Resource Usage Policy

Terms of Service

FatBandwidth.com reserves the right to change this Policy at any time. Please refer to this page when in doubt. FatBandwidth.com strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is detrimental to others. These brief guidelines are imposed to protect you, other FatBandwidth.com customers and our firm against any potential legal liabilities. FatBandwidth.com reserves the right to terminate your account with or without reasons.

FatBandwidth.com reserves the right to change prices at any time. Price changes may effect current FatBandwidth.com clients.

If an account is cancelled by FatBandwidth.com due to a violation of our Terms, no refunds will be given.

1. Indemnification Policy

You agree to use all FatBandwidth.com services and facilities at your own risk. FatBandwidth.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall FatBandwidth.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 FatBandwidth.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against FatBandwidth.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, its agents, employees or assigns.

2. Server Abuse Policy

While FatBandwidth.com promotes unlimited storage & bandwidth resources, please note that you are constrained by system resources. If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we reserve the right to suspend that domain without any notice. It is on the onus of the site owner to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources. This is due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

3. SPAM Policy

FatBandwidth.com is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the FatBandwidth.com network, by customers or any other users of the FatBandwidth.com network (including customers' customers); AND/OR over ANY network if the message sends advertisements or mentions a site hosted on the FatBandwidth.com server. Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. FatBandwidth.com may require payment for the first billing cycle before beginning service.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an FatBandwidth.com email address or web site URL is prohibited. The use of FatBandwidth.com servers as a mail drop for responses to activities described above is also prohibited.

If one of your customers is involved in spamming, then we will suspend their site and not your main WHM account. If you have any complaints or comments regarding Spam on our network, please direct them via email to support at FatBandwidth.com.

4. Content Policy

All services provided by FatBandwidth.com may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless FatBandwidth.com 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. Any account found to be in violation of anothers 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 abuse @ FatBandwidth.com 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 on all Shared and servers include:

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)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
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
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling 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
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

5. Billing Policy

Shared Web Hosting:
Shared web hosting service will be invoiced 7 days in advance prior to their due date. Failure to pay for service 5 days after due date will result in suspension, followed by termination 10 days later.

6. Backups

Customer agrees to maintain a current copy of all content hosted by FatBandwidth.com notwithstanding any agreement by FatBandwidth.com to provide back up services.

7. Refunds

Refunds are only valid on the first 60 days period for Shared web hosting packages.

8. Suspension/Termination

(a) Suspension of Service.

Customer agrees that FatBandwidth.com may suspend services to Customer without notice and without liability if: (i) FatBandwidth.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) FatBandwidth.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay FatBandwidth.com's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if FatBandwidth.com fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by FatBandwidth.com prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from FatBandwidth.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Privacy Policy

This Privacy Policy describes the information we collect from you, what we do with the information, and our information security practices.

Information

When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses, and payment information such as credit card number and expiration date.

We may ask you to complete user surveys, and to provide certain demographic information, such as age, gender, special interests, etc. You do not have to provide this type of information to use our service if you do not want to.

If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters.

When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you.

We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site. See "What is a Cookie" below. We may tie this cookie to the personally identifiable information we have about you.

If we send you an e-mail, we may include a marker that will allow identifying e-mail that is opened and viewed.

Use of Personally Identifiable Information

We will use your personally identifiable information only as follows:

For payment purposes and to provide customer support;
To announce special offers or provide other information from time to time via e-mail. We may also send e-mails announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail;
To improve our service and the marketing of our service. For example, we may use the information we gather from user surveys, demographic data, and web site visits to help us improve or target our Web site and customise your visit.

We will not provide any personally identifiable information about you to any other person other than:

a law enforcement or regulatory agency at their request;
a person or company who acquires our business;
third parties who perform services on our behalf (such as payment processing), subject to the third party agreeing with us that it will keep your personally identifiable information confidential;
To our subsidiaries and affiliates, or
As otherwise needed to protect or enforce or rights or the rights of others.

We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.

Use of Non-Personally Identifiable Information

We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.

What is a Cookie

A "cookie" is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customise your visit.

Security of Your Information

We store your personally identifiable information and payment information in a database which has numerous protection policies in place to ensure its security. We encrypt some sensitive data such as passwords and/or but not limited to credit card numbers.

Children's Privacy

Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.

Acceptable Use Policy

This AUP governs the use of FatBandwidth.com's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and FatBandwidth.com regarding the interpretation of this AUP, FatBandwidth.com's interpretation, in its reasonable commercial judgment, shall govern.

Offensive Content

You may not publish or transmit via FatBandwidth.com's service any content that FatBandwidth.com reasonably believes:

constitutes child pornography;
constitutes pornography or adult related material;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person's trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to FatBandwidth.com; or
is otherwise malicious, fraudulent, or may result in retaliation against FatBandwidth.com by offended viewers.

Content "published or transmitted" via FatBandwidth.com's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by FatBandwidth.com.

Security

You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.

Bulk Commercial E-Mail

You must obtain FatBandwidth.com's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to FatBandwidth.com's reasonable satisfaction:

Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and FatBandwidth.com's requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent.
You have procedures in place that allow a recipient to easily revoke their consent such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours.
You must have a Privacy Policy posted for each domain associated with the mailing;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your FatBandwidth.com service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your FatBandwidth.com service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

FatBandwidth.com may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your FatBandwidth.com's services.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

you have been expressly authorised by the owner of the copyright for the work to copy the work in that manner;
you are otherwise permitted by established United States copyright law to copy the work in that manner.

FatBandwidth.com will terminate the service of repeat copyright infringers.

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the FatBandwidth.com network, please send your notice of copyright infringement to abuse@fatbandwidth.com.

Your notice must include the following:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FatBandwidth.com to locate the material;
Information reasonably sufficient to permit FatBandwidth.com to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright owner's agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the FatBandwidth.com network.

Disclaimer

FatBandwidth.com is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the FatBandwidth.com network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behaviour, including:

Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to FatBandwidth.com and its customers) without express authorisation of the owner of the system or network;
monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the FatBandwidth.com's network.
Use of FatBandwidth.com's network in a way that unreasonably interferes with FatBandwidth.com's other customers use of the network.

Resource Usage Policy

The resource abuse of the shared server is a serious problem. Therefore, we have restrictions in place to provide a good hosting environment for our customers.

May not exceed more than 20% of a CPU core for 5 minutes continuously.
May not exceed more than 10% of a Ram usage for 5 minutes continuously.
May not exceed more than 30 con-current HTTP connections.
May not exceed more than 15 con-current MySQL connections.
Database size may not exceed 1GB.
Inodes are limited to 250,000 counts.
Email is limited to 300 outgoing emails an hour per account.
Running cron job with intervals of less than 15 minutes is not allowed.