Terms of Service

FST Servers LLP – Terms of Service
Revision date: 20 February 2011

All services provided by FST Servers LLP may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal/state statute or regulation or municipal ordinance is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless FST Servers LLP from any claims resulting from the use of service which damages the subscriber or any other party.

Sites that promote or display any illegal activity or present content that may be damaging to FST Servers LLP’s servers, or any other server on the Internet, are prohibited. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software

pirated audio or video files of any sort

hacker programs or archives

Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL AUDIO/VIDEO FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, FST SERVERS LLP WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
FST Servers LLP may place specific traffic limits on some accounts. Any account exceeding the traffic limit will be billed monthly at a rate of $1.00 per gigabyte of transfer over the customer’s traffic allocation. Even for accounts with unlimited bandwidth, FST Servers LLP shall monitor all accounts to ensure that traffic/bandwidth usage is not excessive. Any account found to be using excessive bandwidth may have its bandwidth limited.

IRC
We currently do not allow IRC servers or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of FST Servers LLP is strictly prohibited. As a customer, you are solely responsible for all your accounts. Should you violate the Terms of Service outlined in this document, your account will be cancelled and no refund will be issued.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion. Your use of any service provided by FST Servers LLP, including but not limited to virtual servers, web site hosting, and e-mail hosting, must adhere to the above policies.

Billing
By the Account Activation Date of each month, FST Servers LLP shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to FST Servers LLP by no later than the specified payment due date. FST Servers LLP shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. If the client so chooses, credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will require another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be immediately suspended and the client’s access to the accounts will be removed.

Service Fees
If the client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to FST Servers LLP and agrees to pay any and all fees that they have incurred. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money-back Guarantee/Refund Policy

FST Servers LLP offers a five (5) day money-back guarantee. If client is not satisfied with the service within the five-day period, FST Servers LLP will provide a full refund of all fees that the client has paid since the account was established. FST Servers LLP does not offer a refund policy beyond the five-day money-back guarantee. No refunds will be issued outside of the initial five-day trial period.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $10.00 prior to reactivation.

Limitation of Liability
FST Servers LLP shall not be responsible for any claimed damages, including but not limited to incidental and consequential damages, which may arise from FST Servers LLP’s servers going offline or being unavailable for any reason whatsoever. Furthermore, FST Servers LLP shall not be responsible for any claimed damages, including but not limited to incidental or consequential damages, resulting from the corruption or deletion of any web site from any of FST Servers LLP’s servers.

Violations
Violations of these Terms of Service should be referred to admin@fstservers.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
FST Servers LLP cannot be held liable for system downtime, crashes or data loss or any consequences thereof. Some services provided by FST Servers LLP are resold. Thus, certain equipment, routing, software and programming used by FST Servers LLP are not directly owned or written by FST Servers LLP. Moreover, FST Servers LLP holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as FST Servers LLP sees fit.

Account Activation
Upon requesting activation of an account and initiating use of FST Servers LLP’s services, you are required to accept all policies, guidelines and disclaimers outlined in these Terms of Service and the Acceptable Use Policy.

Server Uptime Guarantee

FST Servers LLP does not offer any uptime guarantee. Our network and servers are monitored continuously. Our only scheduled downtime will be for scheduled maintenance and hardware and software upgrades. In the event of scheduled maintenance, FST Servers LLP will issue notification at least 48 hours in advance and will make every effort to schedule such maintenance at off-peak times.

Indemnification

The client knowingly and willingly agrees to indemnify and hold forever harmless FST Servers LLP, its affiliates, and their respective successors, assigns, employees, servants, agents, officers, and members (“Indemnified Parties”) from and against all claims, suits, and actions of any character, name, and description, liability, judgments, costs, and expenses including attorney fees, asserted by or on behalf of any person or entity against FST Servers LLP, its partners, including general and limited partners, its employees, servants, or agents, by reason of, arising out of, or connected with act, omission, neglect, or misconduct of the client, its employees, agents, servants, independent contractors, or representatives from any act, omission, neglect, or misconduct of the client, including but not limited to any copyright violation, theft, hacking/cracking activity, or other illegal or disruptive activities. The intent of this indemnification provision is to the effect that the client shall indemnify the Indemnified Parties to the fullest extent permitted by law against any liability, cost, or expense arising out of the performance of this agreement.

Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope of applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and the arbitrator shall apply Illinois law. Judgment on the award may be entered in any court having jurisdiction.

Revision

FST Servers LLP reserves the right to amend any or all of the above policies, guidelines and disclaimers with a 30-day notification. We also retain the right to increase any pricing and make changes to our account plans and packages with a 30-day notification.