In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1.1. Pornography and pornographic related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited. 3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. 3.1.3. We do not allow any proxy websites, phishing content, download websites (music, videos or any copyright content), mp3 or videos download websites, fake offers websites is strictly prohibited. If we found this account will be suspended without any pre-notice.
3.1.4. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
3.1.5. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited(Any type of compressed file format and Audio/Video files). This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to FillHost service agrees to identify and hold harmless FillHost from any claims resulting from the use of the service that damages the subscriber or any other party. FillHost will be the sole arbiter as to what constitutes a violation of this provision.
3.2. System and Network
3.2.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section
3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack)
. 3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
3.2.9. We do not allow customers to run per-second cron’s or mailing scripts on our any service. If we found this account will be suspended without any pre-notice.
3.2.10. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
3.2.11. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
3.3.3. All plans include a 30-day money back guarantee. While customers may cancel service and billing at any time, refunds for payments made are not given after the initial 30 day period. * Please note there is once exception. Dedicated Servers, VPS require a minimum 1 Month Term before cancellation. If the Dedicated Server Plan must be cancelled before this term, there is a $199 early termination fee.
3.3.4. Refund will be initiated on annually, biannually and triennially billing term, also FILLHOST do not offer refund on Domains.
3.3.5. Refund will not be initiated if you do not follow any of terms of service and policy
3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;
3.4.3. Sending UCE referencing a domain hosted by the Company;
3.4.4. Sending UCE referencing an IP address hosted by the Company;
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or size of message
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.11. Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.13. Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties
3.5. Customer Support
3.6. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
3.6.1 Use more than 10% of our platform's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
3.6.2. Running stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
3.6.3. Any type of web spider or indexer
3.6.4. Any software that interfaces with an Internet Relay Chat network > IRC
3.6.5. Any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
3.6.7. Participating in any file-sharing/peer-to-peer activities
3.6.8. YouTube, Facebook and other online resource video, audio downloaders.
3.6.9. Gaming servers
3.6.10. Running entries or other scheduled tasks other than by configuring them through our control panel
3.6.11. Operating proxy websites or services
3.6.12. Operating as a remote file host for other websites
3.6.13 Operating self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare
3.6.14. Knowingly transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
3.6.15. Promoting violence or harassing, upsetting, embarrasing, alarming or annoying any other person
3.6.16. Mirror sites and or mirrored files are not allowed on the server.
3.7. Adult content or links to adult content are not permitted on the Cloud servers. You're more than welcome to look at a Dedicated Server with us, that does allow adult content. There is Zero tolerance policy on content that does not comply to international intellectual and copyright laws.
3.8. SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN list that people have signed up for. Spam complaints from other users will not be tolerated.
Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
3.9. Internet Relay Chat (IRC) is not permitted on our Cloud servers in any of its many forms including but not limited to bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over-utilize the server processor.)
3.10. DMCA protected content is not permitted.