Terms of Service
FORM 100 – The use of services from Fatal Exceptions Inc. 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) incase 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. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2) Content
All services provided by Fatal Exceptions Inc may only be used for lawful purposes. The laws of the Province of Alberta and Canada apply.
The customer agrees to indemnify and hold harmless Fatal Exceptions Inc 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 contact us.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.
We reserve the right to refuse service to anyone. Any material that in our judgement 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 (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.
3) Zero Tolerance 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.
Fatal Exceptions Inc 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.
Fatal Exceptions Inc 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 Fatal Exceptions Inc.
4) Payment Information
You agree to supply appropriate payment for the services received from Fatal Exceptions Inc, in advance of the time period during which such services are provided. You agree that until and unless you notify Fatal Exceptions Inc 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 via email.
Fatal Exceptions Inc reserves the right to change the monthly payment amount and any other charges at anytime.
5) Backups and Data Loss
Your use of the service is at your sole risk. Although we make regular backups, Fatal Exceptions Inc is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Fatal Exceptions Inc’s servers.
6) Cancellations
Fatal Exceptions Inc reserves the right to cancel the account at any time with or without notice.
7) Resource Usage
User may not:
- 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.
- Run any type of interactive real-time chat applications that require server resources.
- Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
- Run cron entries with intervals of less than 15 minutes
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”)
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.
9) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Fatal Exceptions Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyers fees asserted against Fatal Exceptions Inc, 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 Fatal Exceptions Inc against liabilities arising out of;
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Fatal Exceptions Inc;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement and
- Any defective products sold to customers from Fatal Exceptions Inc’s server.
10) Disclaimer
Fatal Exceptions Inc shall not be responsible for any damages your business may suffer. Fatal Exceptions Inc makes no warranties of any kind, expressed or implied for services we provide. Fatal Exceptions Inc 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 Fatal Exceptions Inc and its employees.
11) Disclosure to law enforcement
Fatal Exceptions Inc 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) Changes to the Terms of Service
Fatal Exceptions Inc reserves the right to revise our policies at any time without notice.
