Terms of Service

Important Legal Agreements

Terms of Service

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) 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. If you have a domain name registered with fpshosting.net, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. fpshosting.net is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via our support ticket system here. 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.

FPSHosting LLC. reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from FPSHosting LLC.'s server. FPSHosting LLC. shall be the sole judge of what violates this Policy.

2.) Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period, will be up to the transfer department on whether or not to do it for free. There may be a charge.

2.) Delivery

Most of our products are delivered immediately after payment has been processed. some of our items such as game servers can take up to 30 minutes to complete, Teamspeak and web hosting normally only takes 1 to 5 minutes VPS Servers Please allow up to 24 hours for delivery, however we can usually get you logged into your VPS in usually 30 minutes. Dedicated Servers Please allow 1 to 7 days for set up and delivery, In most cases and on average Dedicated Server Delivery is 3-5 days This however depends on the availability at the data center. with this in mind adjustments will be made to due dates as a result of delivery date.

3.) Content

All services provided by fpshosting.net may only be used for lawful purposes. The laws of the State of Iowa and the United States of America apply. The customer agrees to indemnify and hold harmless FPSHosting LLC. 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 copyright infringement 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 suooort@fpshosting.net with the information required. If the request is of a licensing issue, we may require further documentation. Examples of unacceptable material on all Shared and Reseller 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 Sites(includes gambling and promoting gambling)
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented 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

FPSHosting LLC. services, including all related equipment, networks and network devices are provided only for authorized customer use. fpshosting.net systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of fpshosting.net system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. fpshosting.net may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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. All abuse issues must be dealt with via support ticket and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at sales@fpshosting.net 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. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

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. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3a.) Unlimited Plans

The term unlimited does not imply that you are given access to an unlimited amount of web space or bandwidth. Its means that we do not set a certain limit on it. It is a fluctuating limit. This means that you are allowed to use the space needed for hosting your website. You are not allowed to host file share are download sites. The amount of space we allow is 2 times the average of all our customers combined. How we compile this number is add up all the space being used by our clients and divide that by the number of clients. This gives us the average. You can use double that number of space and bandwidth. Anyone found in violation of this is subject to the same terms and service on this page

3b.) Resource Usage

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 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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes.

Users are strongly recommended to:

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")
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

3c.) 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.

4.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Also Port 25 is blocked for the first 2 weeks due to anti spam practices.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
fpshosting.net 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. fpshosting.net reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of FPSHosting LLC..

5.) Payment Information

As a client of FPSHosting LLC., it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
You agree to supply appropriate payment for the services received from FPSHosting LLC., in advance of the time period during which such services are provided.
You agree that until you notify FPSHosting LLC. of your desire to cancel any or all services received, that those services will be billed on a recurring basis.
It is the customer's responsibility to notify our sales team via support ticket at sales after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and fpshosting.net cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
FPSHosting LLC. provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is still outstanding after 2 days will result in a 10% late fee being added to the invoice and suspension of service until the outstanding balance has been paid in full. Access to the service will not be restored until payment has been received.
FPSHosting LLC.reserves the right to bill your credit card or billing information on file with us.

In Summary
Invoice Generation is 10 (ten) days prior to due date.
Invoice Unpaid Reminder is sent 5 (five) days prior to due date.
If the invoice is unpaid after the due date the service will be suspended. First Overdue Reminder is sent 1 (one) day after due date.
Second Overdue Reminder is sent 2 (two) days after due date.
A 10% service charge will be added to all overdue invoices 2 days after the due date
If the invoice remains unpaid 7 days after the due date the service(s) will be terminated and any backups held deleted, and the service(s) will need to be re-ordered.
FPSHosting LLC.reserves the right to bill your credit card or billing information on file with us. Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal without permission of the sales management team!

5a.) Cancellation

Cancellations must be done in writing via the cancellation form provided, all cancellations must be received 10 days prior to invoice due date or you will be held responsible for the outstanding Invoice. Once we receive your cancellation and have confirmed all necessary information with you via support ticket, we will inform you in writing (typically email) that your account has been canceled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
Dedicated Servers carry a late cancelation fee. Service Price List

6.) Backups and Data Loss

Your use of this service is at your sole risk.FPSHosting LLC. 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 FPSHosting LLC. servers.

7.) Refunds

t FPSHosting LLC. gives you an unconditional 7 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with PayPal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Checks
Money orders
There are no refunds on Game Servers, Dedicated servers, VPS Servers, administrative fees, install fees for custom software, Add Funds or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time. Invoice notifications are sent out 10 days prior to due date the following services must be paid on the date specified or that service will be suspended pending invoice payment. Dedicated servers, VPS Servers and third party software.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Any account that signs up for the free domain name, will be charged for the cost of the domain registration. This amount will never exceed the same amount we charge the public for domain registrations.
Violations of the Terms of Service will waive the refund policy.

9.) Money back Guarantee

Game Servers, Dedicated Servers and Collocation: no full refund will be given -- the 7 day money back guarantee does not apply. Partial refunds may be offered at management discretion.
Web Hosting: FPSHosting LLC. Managed Shared and reseller servers carry a 7 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund of the contract amount.
FPSHosting LLC.will not activate new orders or activate new packages for customers who have an outstanding balance with FPSHosting LLC.. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by FPSHosting LLC. in writing.
Accounts that use the free domain name are NOT eligible for full or pro-rated refunds.

9a.) Up-time Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% up-time you may receive one month of credit on your account. Approval of the credit is at the discretion of FPSHosting LLC. dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The up-time of the server is defined as the reported up-time from the operating system and the Apache Web Server which may differ from the up-time reported by other individual services. To request a credit, please contact sales@fpshosting.net with justification. All requests must be made in writing via support ticket. Up-time guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our up-time guarantee.

10.) Reseller: Client Responsibility

Resellers are responsible for supporting their clients. FPSHosting LLC. does not provide support to our Resellers Clients. If a resellers client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. FPSHosting LLC. will hold any reseller responsible for any of their clients actions that violate the law or the terms of service

11.) Shared (non-reseller accounts) / Semi dedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12.) Price Change

We reserve the right to change prices listed on FPSHosting LLC. and the right to increase the amount of resources given to plans at any time.

13.) Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price, unless specifically mentioned.

14.) Indemnification

Customer agrees that it shall defend, indemnify, save and holdFPSHosting LLC. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FPSHosting LLC., 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 FPSHosting LLC. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FPSHosting LLC. (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 FPSHosting LLC. server.

14a.) Arbitration

By using any FPSHosting LLC. services, you agree to submit to binding arbitration. If any disputes or claims arise against FPSHosting LLC.or its subsidiaries, such disputes will be handled by an arbitrator of FPSHosting LLC. choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Kentucky. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

15.) Disclaimer

FPSHosting LLC. shall not be responsible for any damages your business may suffer. FPSHosting LLC. makes no warranties of any kind, expressed or implied for services we provide. FPSHosting LLC. 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 FPSHosting LLC.and its employees.

16.) Disclosure to law enforcement

FPSHosting LLC.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

17.) Severability Clause

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable..

18.) Changes to the Terms of Service

FPSHosting LLC..net reserves the right to revise its Terms of Service at any time without notice.