Terms of Service
Firestorm hosting reserves the right to change or modify any of the terms and conditions contained in this agreement, any addendums and 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 Firestorm Hosting web site.Your continued use of services following Firestorm Hosting's posting of any changes or modifications will constitute your acceptance
of such changes or modifications. By activating any type of account with Firestorm Hosting you agree to abide all the terms and
conditions contained within this page.
Payment Policy
All services provided by Firestorm Hosting are pre-paid in advance for either one month, three month, six month, or one year
periods. Full payment is required before we will create an account or add additional services to any account. You will be
billing automatically on the day of sign-up and every 30 days or every one year thereafter (this is your "billing date") until a
cancellation request is received.
Please not that if payment for your services in full is not receive by your billing date, or payment for overages is not receive
within 5 days of the invoice date, you will be notified by e-mail and we will attempt to re-bill for up to three days before your
account is suspended. You must then contact support@firestormhosting.com to work out payment options. After 14 days the account
will be terminated and all content deleted if not paid in full. All account suspended for failure to pay are subject to a $10
re-activation fee.
Cancellations
We do not require any type of contract so you may cancel service at any time. To cancel an account, you must e-mail
billing@firestormhosting.com requesting the account cancellation at least five days before your next billing date. You will be notified
via e-mail as soon as the cancellation request is complete or if any further information or action is needed on your part.
Refund Policy
All accounts after 7 days (168 hours) are final, no refunds are given under any condition. There is no 'crediting' towards
other services provided by Firestorm Hosting in any shape or form.
Account Termination
Firestorm Hosting reserves the right to refuse service, suspend, or terminate any account for any reason, at any time without prior
notice. If at anytime your account is suspended or terminated, we will attempt to notify you by e-mail as to the reason and it
is our sole discretion whether or not to re-activate a suspended or terminated account. We are not responsible in any way
for any loss, financial or otherwise, or any third part obligations you may incur as a result of the suspension or termination of
your account. We are also not responsible for notifying any third parties that your service has been suspended or terminated
or forwarding any e-mail accounts of a suspended account/domain.
Prohibited Activity
You may only utilize Firestorm Hosting's services for lawful purposes as dictated by the laws in any and all locations in which your
content will be accessed. At not time may you display, transmit, or store any material that violates any state, federal, local, or
foreign law. Also prohibited are the following...
- You may not provide commercially available software, files, or patches for download from your site that were not
created in full or in part by yourself with the exception of files that are licensed under GPL. This includes but is not
limited to software drivers and patches which are primarily available for download elsewhere.
- You may not provide any type of copyrighted material (including but not limited to video and audio files such as
MP3's) unless the material was created by you and/or you maintain the rights to distribute such files and can provide
proof of your rights to do so.
- You may not post, infer, store, provide advertising for, or provide links to any form of illegal or pirated software
including, but not limited to pirated software, warez material, hacker programs, cracks, keygens, or illegal serial
numbers.
- Operating any type of IRC client or server program including any type of IRC bot is strictly prohibited.
- Any attempts to hack or deface our servers or accounts of other members is strictly prohibited as well as any
attempts to intentionally degrade the performance of our servers or intentionally over-utilize our bandwidth (eg. denial
of service (dos) attacks). If at any time your site is over-utilizing resources or bandwidth, intentionally or not, we will
investigate the cause and impact on other customers and may temporarily suspend your account or take whatever
steps are necessary to eliminate the issue. If the problems persists, your account may be terminated.
- You may not re-sell your web services or operate any type of web site on Firestorm Hosting's server that competes directly
with the services offered by Firestorm Hosting unless you subscribe to a hosting plan specifically designated as "Reseller".
- Violation of any of the above will be grounds for the immediate removal of the of the offending material and/or
termination of your account.
SPAM (Unsolicited E-Mail)
Spamming is annoying and harmful practice that we will not cater to in any way, shape, or forum. This not only includes using
our SMTP servers to send spam but also using PHP, CGI, etc. scripts that act as their on mail server to send spam.
- You may not utilize any Firestorm Hosting owned server for the purpose of spamming (and form of unsolicited e-mailing).
- Mass e-mailing is allowed as long as the users being emailed signed up for a mailing list, news letter, etc. If we feel that your account is sending out spam we have the right to suspend the account for further investigation.
- You may not advertise any site hosted by Firestorm Hosting through the use of unsolicited e-mail sent from any server,
Firestorm Hosting's or otherwise.
- No one, Firestorm Hosting customers or otherwise, may utilize any e-mail address of any domain hosted by Firestorm Hosting in
the act of sending unsolicited e-mail. This includes, but is not limited to, setting the from or return address of an
unsolicited e-mail to that of a domain hosted by Firestorm Hosting.
CGI Scripts
All accounts may be provided with a cgi-bin. Although you may use the cgi-bin as you wish, if at any time your use of a CGI
program negatively impacts on the performance of the server, it may be removed at our sole discretion.
Firestorm Hosting makes server backups solely to aid in data recovery in the even of a catastrophic server failure. You are solely
responsible for backup up your own data in the event you lose, delete, or overwrite a file or e-mail. We make absolutely no
guarantees as to the integrity of your data while stored on our servers and we will not be responsible for data loss on your
part or on our part. All accounts include a one-click backup function that will allow you to back up your entire site to a
compressed (zip) file.
Network Availability
Firestorm Hosting provides a 99.9% up-time guarantee. This means that in a 30 day period (720 hours), as defined by your billing
cycle, if your site is unavailable due to network or server issues on our part for a total of 3.6 hours or more, we will refund a
portion of your current months hosting fees equal to do down time. To be eligible to receive a refund, you must e-mail
support@firestormhosting.com with details regarding the downtime and copy/paste the results of a trace route from your computer
to your web site during the down time. We are not responsible for any financial losses or any loss business that you may have
as a result of any period of down-time for any reason - server, network, or otherwise.
Bandwidth Options
Bandwidth overages are not tolerated at Firestorm Hosting. If your account exceeds its monthly transfer quota, your account will be
suspended until one of the following conditions is met:
- You wait until the next month when your bandwidth usage is reset.
- You buy a bandwidth upgrade.
Support
Please note that all accounts are provided with the assumption that you already have the knowledge necessary to maintain a
web site or service. We cannot always provide assistance in the area of creating or maintaining your web site, installing or
using scripts, etc. There are many resources on the web for creating and maintaining web sites and we also offer a forum
where you can seek advice from your peers.
Please note that to minimize overhead costs and to provide better tracking of customer issues, we do not provide a phone
number for support right now. If at anytime you have a support issue please contact us by email at support@firestormhosting.com or
use the help support system and we will respond as quickly as possible
Copyrighted Material
If you believe any material posted within any web site operated by an Firestorm Hosting customer is unlawful or copyrighted please
contact the webmaster of that site as well as abuse@firestormhosting.com and we will respond as quickly as possible. For requests
to remove copyrighted material, please provide the following.
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed
- A description of the alleged infringing activity and where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by your, the copyright
owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's behalf.
Indemnification
You agree to use all Firestorm Hosting services and facilities at your own risk. Firestorm Hosting specifically disclaims all warranties of
merchantability and fitness for a particular purpose. In no event shall Firestorm Hosting be liable , financially or responsible for any
loss of data, loss on income, loss of current or futures business, or any other commercial damage, including but not limited to
special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Firestorm Hosting
harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees asserted against
Firestorm Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Firestorm Hosting against liabilities arising out of:
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Firestorm Hosting's
server.
(2) Any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party.
(3) Copyright infringement and
(4) Any defective products sold to customer from Firestorm Hosting's server.
Firestorm Hosting shall be the sole judge of what violates this policy. Firestorm Hosting is not responsible in any way for the content of any
site hosted on Firestorm Hosting's servers or the actions of it's subscribers.
Gambling sites are not allowed here any site that has gambling, will be terminated with no refund.
