What may NOT be hosted on our network:
- Warez
- IRC
- Child pornography
- Adult and Casino sites
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio
- Hacking tools / material
- Prime Banks Programs
- Lottery/Gambling Sites
- Push button mail scripts
- Proxy Scripts/Anonymizers
- File Dump/Mirror Scripts (similar to rapidshare)
- Anything that may harm us, the server, or anyone else (mentally, physically)
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. FastTreck 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.
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.
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Prohibited Content and Sites
Prohibited are sites that promote any illegal activity
or present content that may be damaging to our servers or
any other server on the FastTreck. Links to such
materials are prohibited as well. All services provided by
FastTreck may be used for lawful purposes only. Illegal
activities include, but are not limited to, storing and/or
distributing illegal copies of copyrighted software, warez
sites, violations of copyrights and trademarks, violations
of United States and Canadian laws, selling and/or distributing
illegal contraband.
Transmission, storage, or presentation of any information,
data or material in violation of any United States and Canadian
law 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 FastTreck.
harmless from any claims resulting from the use of the service,
which damages the subscriber or any other party.
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Client Responsibility
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking
or address forgery. The client is responsible for securing
their username/password. The client assumes responsibility
for all material on their site that may be put on by a third
party.
The Customer agree to provide, maintain and update, current, complete
and accurate information for all the data elements about the Customer.
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Backups
Backups of new/changed data are made nightly and full backups
are made weekly. No guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only. The
client is responsible for keeping a complete and current copy
of their website files as backup on a remote system (not on
FastTreck servers). FastTreck is not responsible
for any lost files, information, or data. FastTreck
does not guarantee to possess the most current copy of a client's
website. If loss of data occurs due to an error of FastTreck
Inc., FastTreck. will attempt to recover
the data at no charge to the client. If data loss occurs due
to negligence of client in securing their account or by an
action of the client, FastTreck. will attempt to
recover the data from the most recent archive for a fee.
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Resource Usage
User may not:
1) Use 10% 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Use 2GB+ bandwidth per day in share hosting plans.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
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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..
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Background Running Programs
We may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra
charge will be incurred based on system resources used and
operational maintenance needed.
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IRC
We currently do not allow IRC or IRC bots to be operated on
our servers.
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CGI Scripts Policy
Each account comes with its own CGI-bin. You are free to use
any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation
or service to other FastTreck customers. For the protection
of all our customers, we also reserve the right to discontinue
service to those customers who continue to run scripts that
effect normal server operation. No chat rooms or similar scripts
allowed.
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Traffic Policy
We reserve the right to charge additional fees for sites that
exceed our generous traffic limits. Sites that exceed their
traffic limits will be suspended without prior notification
if they do not purchase additional traffic packages.
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Right to Damages
FastTreck. reserves the right to collect damages
from the violating party if any harm is done to FastTreck
Inc, including our system, servers, connectivity, reputation,
business, service, operations, or equipment, which requires
(software, hardware or man hours) repair or reconfiguration
of any kind.
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IP Numbers
FastTreck. maintains control and ownership of any
and all IP numbers and addresses that may be assigned to the
client and reserves in its sole discretion the right to change
or remove any and all IP numbers and addresses.
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Dedicated servers/sub-domains
All sub-domains including, distributive hosting sites and
dedicated servers, must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate
account deactivation.
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Account Ownership
FastTreck is only responsible to the present owner
of the Web hosting space. We verify ownership by credit card
number (if paid for by credit card), name, address, e-mail
address, username, and password. If you give this information
to any other party or give access to your e-mail address on
your account to another party, you risk having your website
and any other information on your account changed and/or deleted.
We are not responsible for any information on your account
should you reveal this information to another party who causes
damage to your account and/or website. If you are a Web designer
and you are not the person paying for the hosting account,
we advise you to receive payment for your work before you
publish it to our servers. Once the website is published to
our servers the account owner has retained ownership of that
content.
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Non-Transferability of Account
Service is not transferable. Use of FastTreck.
accounts is expressly limited to the individual or business
whose name appears on the account and dependents of the account
holder living at the same address. A customer may use no more
than one login session per account at any time.
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Payment Policy
All services are provided on a pre-payment basis. FastTreck
accepts any ecurrency payment. All monetary transactions
are in dollars.
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Billing Cycle
There is only annually billing cycles.
All invoices are processed at the beginning of the year.
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Billing Notification
Clients will receive a notice via e-mail as to when their
billing cycle ends. Unless a special arrangement has been
made, all notifications of billing will occur through email.
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Limited Liability
The use of FastTreck web services is at the customer's
sole risk. Neither FastTreck, its employees, affiliates,
third party services, merchant licensors or the like, warrant
that FastTreck. web hosting service will not be
interrupted or error free. FastTreck. will make
every good faith effort to ensure that its web servers are
available to users as fast as possible and that there is minimal
interruption of service. In no circumstance will FastTreck
Inc, its partners, its employees, or its affiliates
be liable for any claims, any action either direct, indirect,
special, incidental, or consequential, or any damages either
punitive or alleged to have resulted, including loss of profits,
from the use of or inability to use FastTreck.
service, from service interruptions, from customer errors
or problems with their connectivity, from unauthorized access
to FastTreck servers, from communication failure,
from bandwidth congestion or interruptions, or from acts of
God. Our entire liability to you, if any, and your exclusive
remedy with respect to use of FastTreck. shall
be to discontinue using our services.
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Indemnification
Client agrees to defend, indemnify and hold harmless FastTreck
Inc. against any liabilities arising out of defective
products sold to customers from FastTreck servers Inc.,
personal injury or property damage caused by products or services
sold or distributed from FastTreck. servers, any
material that infringes or allegedly infringes on the rights
of a third party available from FastTreck. servers,
and any material that libels or allegedly libels a third party
available from FastTreck. servers.
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Disclaimer
FastTreck's website properties may contain technical
inaccuracies or typographical errors. Changes to
FastTreck's website properties may be periodically made. Every
good faith effort will be made to keep the website content
accurate and up to date. FastTreck reserves the right
to make improvements and/or change our web site at any time
without notice.
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Security
The customer is responsible for all use of the customer's
accounts and confidentiality of passwords, including choosing
safe passwords and ensuring file protections are set correctly.
FastTreck. will suspend access or change access
to customer's accounts immediately upon notification by customer
that customer's password has been lost, stolen or otherwise
compromised. FastTreck. Hosting is not liable for
any usage and/or charges prior to FastTreck. making
the necessary account alteration.
The Customer acknowledges that all information of the Customer, including authentication information is accessible to Parent and its Service Providers.
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Cooperation with Authorities
FastTreck. reserves the right to cooperate with
law enforcement and other authorities in investigating claims
of illegal activity including, but not limited to, illegal
transfer or availability of copyrighted material, postings
or e-mail containing threats of violence or other illegal
activity.
The Customer agree to provide, maintain and update, current, complete
and accurate information for all the data elements about the Customer.
FastTreck. Right to Suspend or Cancel Account
FastTreck. reserves the right to suspend or cancel
service to a customer at any time and without notice, for
any reason, including, but not limited to, refusal or failure
to pay for services provided or by sole judgment of FastTreck
Inc. that the customer may be performing activities
harmful to FastTreck. or its customers, employees,
vendors, business relationships or any other users of FastTreck
Inc.
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Resellers
Resellers and their clients are bound by these same policies,
guidelines and disclaimers. By reselling and purchasing our
services, you hereby agree that FastTreck. shall
not be held liable for any promises or failure of same that
Reseller's extend to their clients, including but not limited
to quality of service, financial obligations, financial losses
or any other claim NOT provided to Reseller in writing by
FastTreck. It is the legal duty and obligation
of the Reseller to provide these policies and guidelines to
its client(s).
The Reseller must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions laid out by the Registrar of the Domain Name during the term of the Domain Order. The Reseller must familiarize himself with such terms. The Reseller acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Parent is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions. The Reseller acknowledges and agrees that the Reseller shall indemnify Parent of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.
The Reseller will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.
The Reseller must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN, the Registrar and the Registry Operator.
Parent and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies, requests of law enforcement, or in compliance with any Court Orders, or if Parent or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Parent or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Parent, Service Providers, ICANN, the Registrar and the Registry Operator. The Reseller agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
The Reseller shall be responsible for providing customer service, billing support, and technical support to their Sub-Resellers, Lower Tier Sub-Resellers & Customers.
The Reseller acknowledges that all information of the Customer, including authentication information is accessible to Parent and its Service Providers.
The Reseller will not make any changes to any information or configuration of an Order without explicit authorization from the customer of that Order.
The Reseller shall comply with all other terms or conditions established by Parent and/or its Service Providers from time to time.
Reseller acknowledges that Parent Products maybe obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Reseller acknowledges and agrees that Parent shall not have any liability associated with any such occasion.
The Reseller agrees that Parent Products under this agreement may be made available to Customers, Sub-Resellers and Lower Tier Sub-Resellers only after they enter into a legally binding agreement which is no less protective of Parent than this Agreement and which contains the requirements contained herein applicable to the Reseller. The Reseller acknowledges and agrees that the Reseller will be responsible for ensuring Customers', Sub-Resellers' and Lower Tier Sub-Resellers' compliance with such applicable terms and conditions and shall be responsible for any liability resulting from Customers', Sub-Resellers' and Lower Tier Sub-Resellers' noncompliance with such terms and conditions.
The Reseller agrees to provide, maintain and update, current, complete and accurate information for all the data elements about the Reseller in the OrderBox Database.
During the term of this Agreement and for three years thereafter, Reseller (himself/herself/itself or by its Agent / Authorised Representative) shall maintain the following records relating to its dealings with Parent, Sub-Resellers, Customers, Prospective Customers and/or their Agents or Authorized Representatives:
In electronic, paper or microfilm form, all written communications with respect to Parent Products.
In electronic form, records of the accounts of all, current / past Orders with the Reseller, including dates and amounts of all payments, discount, credits and refunds.
Reseller shall make these records available for inspection by Parent upon reasonable notice not exceeding 14 days.
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