FNM3d.com | Fleshcolour New Media Medical & Health Related Web Hosting Terms of Service - TOS

RE: FNM3D.com - operational business name Fleshcolour New Media.

Hosting TOS

Fnm3d.com Medical Web Hosting and Design Terms of Service.

FNM3d.com agrees to furnish services to you, subject to the following TOS (Terms of Service).
Use of FNM3d.com Service constitutes acceptance and agreement to FNM3d.com's AUP as well as FNM3d.com's TOS (Terms of Service).


All provisions of this contract are subject to the TOS (Terms of Service) of FNM3d.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at our discretion.
Disclosure to Law Enforcement: Our AUP specifically prohibits the use of our service for illegal activities. You agrees that FNM3d.com may disclose your  subscriber information to a law enforcement agency who makes a written request without further consent or notification to you. You also agree that FNM3d.com shall have the right to terminate web-hosting services if your site is found to be conducting illegal activities.

Payment: Establishment of this service is dependent upon receipt by FNM3d.com of payment of stated charges. Subsequent payments are due on the anniversary date depending on the plan chosen.

Payments and Fees: Service will be interrupted on accounts that reach 24 hours past due. Service interrupted for non payment is subject to a  reconnect charge. Accounts not paid by due date may be subject to a late fee.

Refund and Disputes: Payments to FNM3d.com are refundable in the first 15 days after purchase. This excludes the domain fee (if applicable). PLEASE NOTE that cancelled websites will be subject to a cancellation fee of $15.00 CAD if the domain name has already been registered (and the domain is yours to keep).

Failure to Pay: FNM3d.com may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

New Domain Accounts: All new accounts will be registered and entered into our DNS servers within 1-12 hours. Due to Internet propagation, however, under some circumstances, this process may sometimes require up to 72 hours.

Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to FNM3d.com can require up to 5 or more days to propagate through the Internet (not commonplace, but it can happen). Although domain names usually propagate in 24 hours, due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take since we have no control over that.

SPAM and Unsolicited Commercial Email: FNM3d.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of FNM3d.com may not use or permit others to use our servers to transact in UCE. Violations of this policy may result in termination of service.

Indemnification: FNM3d.com wishes to emphasize that in agreeing to the FNM3d.com Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies FNM3d.com for any violation of the AUP and TOS that results in loss to FNM3d.com or the lodging of any claim against FNM3d.com by any third-party. Put simply, this means that if FNM3d.com is sued because of illegal activity on your behalf, you will pay any damages awarded against FNM3d.com, plus all costs and attorney's fees.

Contact Information: You must provide us with, and keep current, a valid E-Mail address where we can reach you. We cannot be held responsible for suspending or closing your account due to non payment if we are unable contact you. Please add additional contact email addresses via your Personal Control Panel to ensue this does not happen.

You shall not transfer or assign this Agreement without the prior written notification. In other words, we will only speak with the person who's name appears in our records. We will not provide passwords or access to anyone else other than you without your written consent.

FNM3d.com has an impeccable uptime record (99.98%). Notwithstanding, FNM3d.com does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, loss of revenue, and any and all service interruptions. You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of FNM3d.com. Such causes may include but are not limited to network interruptions or failures, equipment and software malfunction as well as software upgrades. You agree that FNM3d.com shall not be liable for any damages arising from such causes.

It is absolutely forbidden to host pornographic content. Accounts found hosting this material will be subject to immediate cancellation without notice and without refund.

Abusive treatment of FNM3d.com staff or other customers will not be tolerated. It is never justified to take ones frustrations out on another. Sometimes Message Board refer to it as flaming; Whatever one calls it, it is unacceptable in a our environment and we cannot allow any form of verbal (or physical) abuse. We will treat you with respect and ask you do the same with us.

Ownership of domain names: Domain names are registered in your name. Provided your account is in good standing, you own the domain and it is yours to keep. Should you leave, the domain name is yours and you can transfer it to wherever you want. NOTE: This does not apply to accounts that are in arrears or if you have violated our terms of service as outlined above. In such cases, you may purchase your domain name for $15.00.

Responsibility for Content: You, as FNM3d.com's customer, are solely responsible for the content stored on and served by your website.

Last Modified June 2011

FNM3D.com Fleshcolour New Media Acceptable use policy - AUP



FNM3d.com’s Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what FNM3d.com expects of them while using our service. All users of FNM3d.com’s Web Hosting  services, must comply with this AUP and our TOS (Terms of Service).

Use of FNM3d.com Service constitutes acceptance and agreement to FNM3d.com’s AUP as well as FNM3d.com’s TOS (Terms of Service)

Even though we support uncensored flow of information and ideas over the Internet and do not monitor subscriber activity under normal conditions, we do require that all sites meet certain minimum criteria in terms of their content. For example, we do not allow SPAM, pornography, warez, sites engaged in illegal activity or racial hatred to name a few. In the same manner, we do not exercise editorial control over the content of any web site, e-mail transmission or other material created or accessible over or through the services. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. FNM3d.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your FNM3d.com account or other actions as detailed below WITHOUT PRIOR NOTICE.

While FNM3d.com is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the FNM3d.com and the Internet and cannot be permitted under the guise of free speech. The resources of the FNM3d.com and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We routinely monitor the resource usage of accounts for measurements of system utilization and the preparation of billing records. No single account may consume more than 10% of the total server resources in any one 24 hour cycle. This applies specifically to CPU usage and hard drive access. Should an account exceed these parameters, special arrangements need to be made and additional costs may apply. We will advise you if we become aware of inappropriate use of our service.

You may not use your site to publish material, which FNM3d.com determines, in its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, pornography (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

You may not use your site for sending SPAM mail or UCE (unsolicited commercial Email).

If a FNM3d.com account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF FNM3d.com ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

1. Illegal use: FNM3d.com’s services may not be used for illegal purposes, or in support of illegal activities. FNM3d.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of the FNM3d.com service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of the FNM3d.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of the FNM3d.com service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of FNM3d.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes" etc.

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the FNM3d.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending FNM3d.com account.

IMPORTANT NOTICE:

Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our servers. The site will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material and/or software. FNM3d.com will, in its sole discretion decide if you have fully complied. Severe violations will result in immediate and permanent removal of your website.

8. E-mail Bombing: Malicious intent to impede another person's use of electronic mail services will result in the immediate termination of the offending FNM3d.com account.

9. E-mail Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the FNM3d.com service is in violation of this AUP.

10. Unauthorized access: Use of the FNM3d.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of FNM3d.com’s or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending FNM3d.com account is subject to immediate termination.

11. Copyright or trademark infringement: Use of the FNM3d.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other intellectual rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

12. Collection of personal data: Use of the FNM3d.com service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

13. Network disruptions and hostile activity: Use of the FNM3d.com service for any activity which affects the ability of other people or systems to use FNM3d.com Services or the Internet. This includes "denial of service" (Dos) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is your responsibility to ensure that cgi and other scripts or any executable files on your website are configured in a secure manner. It is also your responsibility to ensure that versioning is maintained - in other words, keeping your software updated to the latest secure version as published by your software vendor.

14. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

15. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Rights: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

16. Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

17. Pornography: It is absolutely forbidden to host pornographic content on your website. Any Accounts found hosting this material will be subject to immediate cancellation without refund.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another website.

You are responsible for the scripts and software you install on your website. This applies especially if you upload  executable scripts/code/CGI on your site. Please be careful when uploading software that executes on the server to your domain.

For more information on CGI security click here.

System Resources

Means excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of FNM3d.com servers. FNM3d.com reserves the right to terminate or limit such activities.

REVISIONS TO THIS AUP

FNM3d.com reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our Privacy policy at any time. Notice of any revision, amendment, or modification will be posted here without prior notice.

Last Modified June 2011