You must accept the terms of this Agreement in order to use the services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE
USE POLICIES INCORPORATED BY REFERENCE.
Finger Lakes Web Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated
by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes
or modification will be effective upon posting of the revisions on the Finger Lakes Web Hosting Web site (here on referred to as the "Site"). Your continued use of Services
following Finger Lakes Web Hosting 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. TERM AND PAYMENT FOR SERVICES
This Agreement shall be for an "Initial Term" of one year for the services. This Agreement will be automatically renewed at the end of the Initial Term unless you provide
Finger Lakes Web Hosting with notice of termination thirty (30) days prior to the end of the Initial Term.
1.2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term, Finger Lakes Web Hosting will not refund to you any fees paid in advance of such termination.
Finger Lakes Web Hosting may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If Finger
Lakes Web Hosting terminates this Agreement, Finger Lakes Web Hosting will refund to you the pro-rata portion of prepaid fees attributable to Services not yet rendered as of the
termination date unless otherwise expressly provided in this Agreement. If your service is terminated because of AUP violation(s), Finger Lakes Web Hosting reserves the right to
charge a one-time $125 termination fee.
1.3 Default and Cure
In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under
this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after
given written notice thereof to the defaulting party, may terminate this Agreement.
You agree to pay for all charges attributable to your use of the Services at the then current Finger Lakes Web Hosting prices, which shall be exclusive of any applicable taxes. You
are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes
based on Finger Lakes Web Hosting's net income.
All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct
charge to a credit or debit card, or receive an invoice and submit subsequent payment. If you choose to pay by credit or debit card upon registering for the Services, you thereby
authorize Finger Lakes Web Hosting to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Finger Lakes Web Hosting of any changes
to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit
Finger Lakes Web Hosting from charging your account. Finger Lakes Web Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of
the Services. Finger Lakes Web Hosting will send you a statement reflecting the accumulated invoices. You agree to pay to Finger Lakes Web Hosting the amount indicated in each invoice
by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one
and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Finger Lakes Web Hosting . In
addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Finger Lakes Web
Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) take possession and ownership of
any of your property (including any and all intellectual property) in Finger Lakes Web Hosting's possession at the time of such nonpayment and liquidate such property in any reasonable
manner in partial or full satisfaction of any unpaid amounts. You agree to sign any documents to facilitate such a transfer of your property and, in the event that Finger Lakes Web
Hosting is unable for any reason to secure your signature to any document required for such transfer, you hereby irrevocably designate and appoint Finger Lakes Web Hosting and its
authorized officers and agents as your agent and attorney-in-fact to act on your behalf to execute such documents. Any such suspension or termination of the Services would not relieve
you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation,
reasonable attorneys' fees, court costs and collection agency fees.
2. USE OF SERVICES
2.1. Applicable Use Policy
The Finger Lakes Web Hosting Acceptable Use Policy (the "Acceptable Use Policy"; Section 9) govern the general policies and procedures for use of the Services. The Usage
Policy is posted on Finger Lakes Web Hosting's Web site (or such other location as Finger Lakes Web Hosting may specify) and may be updated from time-to-time.
YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. FINGER LAKES WEB HOSTING RESERVES
THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
2.2. Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on Finger Lakes Web Hosting 's equipment is in a condition that is "server-ready,"
which is in a form requiring no additional manipulation by Finger Lakes Web Hosting. Finger Lakes Web Hosting will make no effort to validate any of this information for content,
correctness or usability. If your material is not "server-ready", Finger Lakes Web Hosting has the option at any time to reject this material. Finger Lakes Web Hosting
will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Finger Lakes Web Hosting.
Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use
and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Finger Lakes Web Hosting 's responsibility to provide this
knowledge or customer support outside of the Services agreed to by you and Finger Lakes Web Hosting.
2.3. Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the
agreed upon number of megabytes per month, you agree to pay the associated additional charges.
3.1. Investigation of Violations
Finger Lakes Web Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable
under the circumstance to protect its systems, facilities, customers and/or third parties. Finger Lakes Web Hosting will not access or review the contents of any e-mail or similar
stored electronic communications except as required or permitted by applicable law or legal process.
Finger Lakes Web Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines,
or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of
this Agreement, any related policies or guidelines, third party rights or laws, Finger Lakes Web Hosting may immediately take corrective action, including, but not limited to, (a)
issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Finger Lakes Web Hosting's systems, and/or (d) disabling
or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Finger
Lakes Web Hosting which, in Finger Lakes Web Hosting's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Finger
Lakes Web Hosting to civil or criminal liability or public ridicule. It is Finger Lakes Web Hosting 's policy to terminate repeat infringers. Finger Lakes Web Hosting's right to
take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Finger Lakes
Web Hosting takes corrective action due to such possible violation, Finger Lakes Web Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.
3.3. Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect Finger Lakes Web Hosting's systems and customers, or to ensure the integrity and operation of Finger Lakes
Web Hosting 's business and systems, Finger Lakes Web Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile
information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Finger Lakes Web Hosting 's servers and systems. Finger
Lakes Web Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Your License Grant to Finger Lakes Web Hosting
You hereby grant to Finger Lakes Web Hosting a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the
purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Finger Lakes Web Hosting a license to cache materials distributed or made
available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
4.2. Finger Lakes Web Hosting Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by Finger Lakes Web Hosting or
its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Finger Lakes Web Hosting to provide the Services to you, including,
without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Finger Lakes Web Hosting
or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Finger
Lakes Web Hosting during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly
forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged
by failure to abide by the terms of this Agreement.
You hereby grant to Finger Lakes Web Hosting a limited right to use your trademarks, if any, for the limited purpose of permitting Finger Lakes Web Hosting to fulfill its duties
under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights
granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services
provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
5. WARRANTY; WARRANTY DISCLAIMER
5.1. Customer and/or Third Party Acts
Finger Lakes Web Hosting is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Finger Lakes Web Hosting is
not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Finger Lakes Web Hosting's reasonable control.
5.2. No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Finger Lakes Web Hosting UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU
ACKNOWLEDGE AND AGREE THAT Finger Lakes Web Hosting EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Finger Lakes Web
Hosting 'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Finger Lakes Web Hosting DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Finger Lakes Web Hosting DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES,
ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY,
AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to Finger Lakes Web Hosting
You warrant, represent, and covenant to Finger Lakes Web Hosting that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you
possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable
policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links
to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including,
without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software
that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation
6. LIMITATION AND EXCLUSION OF LIABILITY
IN NO EVENT SHALL Finger Lakes Web Hosting HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Finger Lakes
Web Hosting , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Finger Lakes Web Hosting SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Finger Lakes Web Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Finger Lakes
Web Hosting TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Finger Lakes Web Hosting BY YOU UNDER THIS AGREEMENT DURING THE THIRTY
(30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Finger Lakes Web Hosting UNDER THIS AGREEMENT HAVE
BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Finger Lakes Web Hosting FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN
EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.2. Interruption of Service
You hereby acknowledge and agree that Finger Lakes Web Hosting will not be liable for any temporary delay, outages or interruptions of the Services. Further, Finger Lakes Web Hosting
shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable
control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
You hereby acknowledge and agree that Finger Lakes Web Hosting reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems
and network. Finger Lakes Web Hosting will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
You will defend, indemnify and hold harmless Finger Lakes Web Hosting and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee")
from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses
of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership
or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable
policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper
or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement
and performance of the Services by Finger Lakes Web Hosting ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software,
including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including,
without limitation, defamation, libel, or violation of privacy or publicity).
The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this
Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this
Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed,
optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications,
routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial
affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or
any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently
by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar
Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either
Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure.
If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information.
Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision
shall survive the termination of this Agreement for two (2) years.
All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service,
fax, or electronic mail, shall be deemed to have been duly given when delivered.
8.3. Choice of Law and Forum
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF MICHIGAN, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT
MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN MICHIGAN, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.4. Entire Agreement
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally
but only by an agreement in writing signed by both parties.
8.5. No Fiduciary Relationship
No Third-Party Beneficiaries Finger Lakes Web Hosting is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this
Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement.
This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties
You may not transfer or assign your rights, duties, or obligations under this Agreement without Finger Lakes Web Hosting 's prior written consent. Finger Lakes Web Hosting may assign
its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent.
Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
8.7. No Waiver
Finger Lakes Web Hosting's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Finger Lakes Web Hosting 's right to subsequently
enforce such provision or any other provisions under this Agreement.
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the
extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid,
void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations
shall survive the termination or expiration of this Agreement.
9. ACCEPTABLE USE
When you open your Finger Lakes Web Hosting account, you join two communities. First is the community
formed by our network and our customers; the second community is the one made up of all Hosting and users connected to each other to form the Internet. Becoming a member of these
communities gives you certain rights and privileges, but also imposes certain duties and responsibilities. Finger Lakes Web Hosting has established an Acceptable Use Policy in
order to make these duties and responsibilities more clear. This document is intended to provide a general understanding of Finger Lakes Web Hosting 's Acceptable Use Policy. The
following factors guide the establishment and enforcement of Finger Lakes Web Hosting 's usage policies:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the
hosting and systems of others.
- Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which
reduce the usability and value of Internet services.
- Preserve the value of Internet resources as a conduit for free expression
and exchange of information
- Preserve the privacy and security of individual users
Finger Lakes Web Hosting intends to provide its customers access to everything the Internet has to offer. While Finger Lakes Web Hosting is firmly committed to the principles of
free speech, certain activities are damaging to the resources of both Finger Lakes Web Hosting and the Internet and cannot be permitted under the guise of free speech. The resources
of Finger Lakes Web Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
If a Finger Lakes Web Hosting account is used to violate the Acceptable Use Policy, we reserve the right to terminate or suspend your service without notice and you agree to indemnify
Finger Lakes Web Hosting and its affiliates against any claims threatened or brought by third parties as a result of your violation of this Acceptable Use Policy and/or the content
of your website. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, violations of the Acceptable Use Policy will result in immediate
termination or suspension 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.
9.2 General Information
Finger Lakes Web Hosting customers are prohibited from transmitting on or through any of Finger Lakes Web Hosting 's services, any material that is, in Finger Lakes Web Hosting
's sole discretion, unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, federal or international law.
In general, you may NOT use your Finger Lakes Web Hosting account:
In a manner which violates any law, regulation, treaty or tariff;
In a manner which violates the rules, regulations and policies of any network, server, web site, database or service provider that you access through your Finger Lakes Web Hosting
In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
To threaten, harass, abuse or intimidate others;
To damage the name or reputation of Finger Lakes Web Hosting , its parent, affiliates and subsidiaries;
To break security on any computer network, or to access an account which does not belong to you; or
In a manner which interferes with other customers' use and enjoyment of the services provided by Finger Lakes Web Hosting .
Finger Lakes Web Hosting 's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States
or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute.
Finger Lakes Web Hosting 's reserves the right to remove such illegal material from its servers or to immediately terminate your services.
The customer is responsible for keeping his billing data with Finger Lakes Web Hosting up-to-date and accurate. Furnishing false data on any contract or application, including
fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
Finger Lakes Web Hosting reserves sole discretion to determine whether any use of the service is a violation of this policy. Guidelines for using your account follows. This information
is only a guideline, and is not intended to be all-inclusive.
9.3 Electronic Mail
Certain Finger Lakes Web Hosting accounts give you the ability to send and receive electronic mail. Misuse of electronic mail may result in termination of service. The following
examples are non-exclusive and are provided for your guidance.
You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational
announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.
You may not use your account to collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers. Forging, altering or removing electronic mail
headers is prohibited. You may not send numerous copies of the same or substantially similar message, nor may you send very large messages or files to a recipient, with the intent
to disrupt a server or account ("mail bombing"). You may not use electronic mail to harass or intimidate others. Harassment, whether through language, frequency of messages,
or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person
any further messages. You may not forward or otherwise propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient
wishes to receive such mailings.
Finger Lakes Web Hosting accounts may not be used to collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy
or the acceptable use policy of the other service provider.
If you use the services of another provider to promote a web site hosted by or through Finger Lakes Web Hosting , then the provisions of this Acceptable Use Policy shall apply
to the methods used to promote such site.
9.4 Web Sites
Finger Lakes Web Hosting provides storage space and access for web sites through its Web services. In addition, dedicated accounts may provide for the of web sites. Finger Lakes
Web Hosting will not routinely monitor the contents of your web sites.
You are solely responsible for any information contained on your web site. However, if complaints are received regarding language, content or graphics contained on your web site,
Finger Lakes Web Hosting may, at its sole discretion, remove the web site hosted on Finger Lakes Web Hosting servers and terminate your Web service. You agree to promptly reimburse
Finger Lakes Web Hosting for any reasonable expenses it incurs (including attorney's fees) in defending itself form third party claims relating to any of the content (whether created
by you, your customers or your users) contained on your website.
You may not use your web site to publish material which Finger Lakes Web Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of
this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos),
executable programs, video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or
deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for
Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise legal content with which Finger Lakes Web Hosting concludes, in its sole discretion, it does not want to be associated in order to protect its
reputation and brand image, or to protect its employees, shareholders and affiliates.
Examples of prohibited web site content:
Materials which hold Finger Lakes Web Hosting including its affiliates, employees or shareholders up to public scorn or ridicule.
Materials which encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color,
age, marital status, sexual orientation, disability or political affiliation.
Any site that offers free or fee based accounts under the subdomain of its master account are prohibited. These types of sites severely degrade system performance and are NOT allowed.
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 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 network or server.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not
intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other Hosting. Use or distribution of
tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding"
of Hosting, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Finger Lakes Web Hosting will cooperate fully with investigations of violations of systems
or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
9.6 Network Management
You are responsible for ensuring that the services obtained from Finger Lakes Web Hosting are used in an appropriate manner by your customers and users. Therefore, you must take
steps to manage the use of the services obtained from Finger Lakes Web Hosting in such a way that network abuse is minimized. You must also make information publicly available
about how to contact you, and you must respond in a timely manner to complaints concerning misuse of the services obtained from Finger Lakes Web Hosting . Failure to responsibly
manage the use of the services obtained from Finger Lakes Web Hosting may be cause for termination of services to you.
You must designate one or more individuals ("Contacts") to be responsible for every host, IP network or subnet connected to the Internet through the use of the services.
You must provide Contact names, phone numbers, and postal and e-mail addresses ("Contact Information") to any and all appropriate Domain Name Registrars prior to the
initial network connection of your service. You must keep Contact Information updated and accurate at all times. Changes in the Contact Information must be sent to the appropriate
Domain Name Registrars in a timely manner. Contacts must have the authority, access and tools necessary to configure, operate and control access to your systems.
For important timesharing hosts, primary domain name servers and mail relays or gateways, Contacts must be accessible to Finger Lakes Web Hosting via telephone 24 hours a day,
7 days a week. Every customer who allows third party access to the services provided by Finger Lakes Web Hosting , whether such third parties are employees, users or customers,
must maintain a postmaster address for the receipt of complaints by e-mail. Messages delivered to the postmaster address must be reviewed and handled in a timely manner.
9.7 Network Performance
Finger Lakes Web Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other
customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account without
You are prohibited from 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 performance of Finger Lakes Web Hosting systems or Hosting. Finger Lakes Web Hosting reserves the right to terminate or limit such activities.
9.8 Internet Relay Chat
You may not use IRC scripts or programs that interfere with or deny service to other users on any other server, host, network or channel. IRC BOTS are prohibited.
You may not engage in activities which harass other users. This includes, but is not limited to, "flooding" (rapidly entering text with the intent to disrupt service),
"flashing" (disrupting terminal emulation), "takeovers" (improper seizing and abuse of operator privileges), attempting to send private messages to those who
do not wish to receive them, attempting to return to a channel after being banned from it, and other disruptive behaviors.
You may not attempt to impersonate other users. The use of nicknames does not constitute impersonation. You may run "clones" (multiple simultaneous IRC connections) and
"robots" only as permitted by the host IRC server.
9.9 Illegal Activity
Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service.
Prohibited activities include, but are not limited to:
Transmitting obscene materials or child pornography
Intentionally spreading or threatening to spread computer viruses
Gaining or attempting to gain unauthorized access to any network, including Finger Lakes Web Hosting 's private network infrastructure
Accessing or attempting to access information not intended for you
Transmitting pirated software
Conducting or participating in illegal gambling
Soliciting for pyramid and other illegal schemes.
Finger Lakes Web Hosting does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in Finger Lakes Web
Hosting 's sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in Finger Lakes Web Hosting 's sole judgment);
or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the United States, Finger Lakes
Web Hosting will forward all offenders of this policy to the appropriate federal agency.
9.10 Privacy Statement
Finger Lakes Web Hosting has a policy to respect and protect the privacy of its customers and their information that is stored with Finger Lakes Web Hosting . Finger Lakes Web
Hosting will only access and disclose information as necessary to comply with applicable laws and government requests, to provide the Finger Lakes Web Hosting Services, to operate
or maintain its systems or to protect itself or its customers.