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.
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.
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.
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
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.
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:
Examples of unacceptable material on all Dedicated servers include:
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.
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.
Refunds are only valid on the first 60 days period for Shared web hosting packages.
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.
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.
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.
We will use your personally identifiable information only as follows:
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists.
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.
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.
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.
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.
You may not publish or transmit via FatBandwidth.com's service any content that FatBandwidth.com reasonably believes:
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.
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.
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:
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.
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.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
FatBandwidth.com will terminate the service of repeat copyright infringers.
If you believe your copyright is being infringed by a person using the FatBandwidth.com network, please send your notice of copyright infringement to email@example.com.
You must have valid and current information on file with your domain name registrar for any domain hosted on the FatBandwidth.com network.
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.
You may not engage in illegal, abusive, or irresponsible behaviour, including: