Acceptable Use Policy
Introduction
The Gigablaze/Futuras Technologies, LLC Acceptable Use Policy is designed
to protect Gigablaze/Futuras and Gigablaze/Futuras customers from improper
and/or illegal activity over the Internet. Gigablaze/Futuras account
holders and their authorized users are expected to behave in a reasonable
fashion and to abide by commonly accepted practices of the Internet
community at large. The information provided herein serves as a guideline
in regards to appropriate and inappropriate behavior on the Gigablaze/Futuras
network; the information is not comprehensive and should not be considered
as such.
General
Gigablaze/FuturasTech.com is a wholly owned division of Gigablaze/Futuras
Technologies, LLC ("Gigablaze/Futuras"). This document comprehensively
defines the Gigablaze/Futuras acceptable use policies ("AUP")
while utilizing Gigablaze/Futuras services that provide access to the
Gigablaze/Futuras network (the "Network"). By using the Network,
you (the account holder) acknowledge that you and users that have gained
access to the Network through your account have read, understood, and
agree to abide by this AUP document. You, (the account holder) are
responsible for violations of the AUP by any user authorized by you
to access the Network. The AUP applies to all aspects of the Network,
including but not limited to websites, email, USENET postings, online
chat, and game server instances. You are responsible for maintaining
the confidentiality of your password(s) and account information, as
well as the physical security of your and your authorized user's access
to the Network. In the event that a verifiable violation of the AUP
is perpetrated by you or any user of your account, you agree to indemnify,
defend, and hold Gigablaze/Futuras, its divisions, members, employees,
suppliers, and any third party Web site developers and/or providers
harmless from and against all claims, demands, actions, liabilities,
losses, expenses, damages, and costs, including actual attorneys' fees,
resulting from that violation of the AUP. In the event of verifiable
misuse or abuse of the Network, or verifiable infringement by you or
any user of your account, of any intellectual property or other right
of any person or entity, you agree to indemnify, defend, and hold Gigablaze/Futuras,
its divisions, members, employees, suppliers, and any third party Web
site developers and/or providers harmless from and against all claims,
demands, actions, liabilities, losses, expenses, damages, and costs,
including actual attorneys' fees, resulting from that Network misuse,
abuse, or infringement. You agree to cooperate as fully as reasonably
required in Gigablaze/Futuras's defense of any claim. Gigablaze/Futuras
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you
and you shall not settle any matter without the written consent of
Gigablaze/Futuras. You agree to notify Gigablaze/Futuras immediately
of any unauthorized use of your account or any other breach of security
known to you.
Rights of Gigablaze and Gigablaze/Futuras
Technologies, LLC.
If account holders and/or authorized users engage in conduct while
using the Network that is in violation of the AUP or is otherwise illegal
or improper, Gigablaze/Futuras reserves the right to suspend and possibly
terminate access to the Network without prior notification to the account
holder. Generally, Gigablaze/Futuras will attempt to contact you and
notify you of conduct and/or activity that is in violation of the AUP
and request that such activity cease. However, in cases where the viability
of the Gigablaze/Futuras Network is threatened or in matters involving
UCE/SPAM, mail relaying, alteration of your source IP address information,
denial of service attacks, illegal activities, harassment or copyright
infringement, Gigablaze/Futuras reserves the right to suspend and/or
terminate your account and access to the Network without prior notification.
Additionally, Gigablaze/Futuras may take other action, including legal
action, against an account holder for verified violations of the AUP.
This may include an immediate termination of the account. Gigablaze/Futuras
does not make any promise, nor does Gigablaze/Futuras have any obligation,
to monitor or police activity and account holder behavior occurring
on or via the Network and will have no liability to any party, including
the account holder, for any violation of the AUP.
Abuse of Server Resources
Running programs in the background on a Gigablaze/Futuras server without
Gigablaze/Futuras's prior written authorization, or running chat rooms,
Internet Relay Chat, IRC bots, and the like are not acceptable uses
of Gigablaze/Futuras's servers. Further, any usage of ten percent (10%)
or more of our system resources is an undue burden on our system and
is unacceptable. If your usage ever exceeds ten percent (10%) of system
resources, your account may be suspended immediately and without prior
notice. At this time, Gigablaze/Futuras will work with the client to
come up with a remedy to the situation. In addition any domain that
exceeds five (5) gigabytes of bandwidth traffic within any twenty four
(24) hour period can be terminated without prior notice. Usage of scripts
or other utilities to direct pointed domain names to subdirectories
is not permitted and is grounds for termination of the account.
Gigablaze/Futuras Technologies, LLC defines the term "unlimited"
in this document. Any "unlimited" features can be limited
upon the request of Gigablaze/Futuras. We may take any "unlimited" feature
and set a limit on it at any time without prior notification. Accounts
are also subject to immediate suspension if they are found abusing
the "unlimited" account functions. The client will be given
an opportunity to modify the abuse in question to a level that is acceptable
to us.
Bandwidth Policy
Clients may occupy only the amount of disk space, and utilize no more
than the network bandwidth that is allotted by their hosting package.
Additional fees, specified in the Shared Hosting Plans page, will be
charged for exceed the disk space and/or network bandwidth allotted
to them. By default a quota system is in place to prevent you from
exceeding your disk space limits, and your site will automatically
be disabled if it exceeds it’s network bandwidth. If you wish
to exceed these limits you will need to contact us to do so. We feel
that these settings are in your benefit and prevent any unwanted or
unexpected costs from showing up. Your total network bandwidth usage
is viewable directly from the Shared Hosting Control Panel at all times
for your review.
Backups
Full backups are made weekly, and backups of new/changed data made
nightly. 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. It is the Clients responsibility to maintain local copies
of their web content and information. If data loss occurs due to negligence
of Client in securing their account or by an action of the Client,
Gigablaze/Futuras Technologies, LLC will attempt to recover the data
from the most recent archive for a $200.00 fee.
IP Addresses
Gigablaze/Futuras maintains control and any ownership of any and all
I.P. 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.
Unauthorized or Illegal Access
An account holder or their authorized users may not attempt to gain
unauthorized or illegal access to, or attempt to interfere with or
compromise the normal operations or security of any network, application,
or system, including the data and/or information maintained on that
entity. An account holder or their authorized users may not use the
Network to conduct activities that interfere with the ability of others
to access or use the Network or the Internet. An account holder may
not use the Network to monitor data streams, information, or communications
on any other network or system without authorization. Account holders
and their authorized users may not attempt to gain unauthorized access
to other account holder passwords and account file and directory structures.
Systems Security
Gigablaze/Futuras Network account holders are responsible for configuring
their systems with at the very minimum basic security. Should applications
or systems at an account holder's site be compromised, the account
holder is solely responsible for reporting the violation and repairing
the exploited application or system. Account holders are prohibited
from intentionally or negligently inserting false or spoofed data into
the Internet, for example in the form of bad routing information or
invalid DNS information.
UCE/Spamming/Mailbombing
An account holder or their authorized users may not use the Network
to transmit large volumes of unsolicited commercial e-mail or deliberately
send excessively large file attachments to one recipient. Unsolicited
commercial e-mail or a series of unsolicited commercial e-mail or large
file attachments sent to one recipient constitutes Unsolicited Commercial
E-mail ("UCE") and is expressly prohibited. In addition, "spamming" and "mailbombing"
are expressly prohibited. Using the network or service of another provider
to send UCE, spam, or mailbombs to promote a website or game instance
hosted on or connected to the Gigablaze/Futuras Network is expressly
prohibited. Account holders may not use the Network to accumulate responses
from unsolicited mass commercial e-mail.
Spoofing/Fraud
An account holder may not attempt to send e-mail or transmit any electronic
and/or digital communication while using the name and/or address of
someone other than the account holder. Attempts to impersonate other
persons, companies, or corporations by altering a source IP address
or by using forged and/or spoofed headers or other identifying information
is expressly prohibited. Attempts to fraudulently conceal, forge, spoof,
or otherwise falsify an account holder's identity in connection with
utilization of the Network is expressly prohibited.
E-Mail Relay
Use of another party's electronic mail server to relay e-mail without
express permission from the other party is expressly prohibited.
USENET Postings
Postings to USENET groups must comply with that group's charter and
policies. Account holders are expressly prohibited from cross posting
to unrelated news groups or to any news groups where the post does
not meet that group's charter. Continued off-topic postings including
commercial messages (unless specifically invited by the newsgroup's
charter) is expressly prohibited. Disrupting newsgroups with postings
or activities that are (as determined by Gigablaze/Futuras) frivolous,
unlawful, obscene, threatening, abusive, libelous, excessive, or repetitious
is expressly prohibited.
Illegal Activity
Gigablaze/Futuras account holders and their authorized users agree
to use the Network for lawful purposes only. Use of the Network for
transmission, retransmission, distribution, retrieval, or persistent
storage of any information or other digital material, such as images,
scripts, databases, or compiled programs that violates any applicable
federal, state, or local law or regulation is expressly prohibited.
This includes, but is not limited to, the use, transmission or retransmission
of any information or digital material protected by copyright, trademark,
trade secret, patent, or other intellectual property right, and any
other material or digital information that constitutes an illegal threat,
violates export control laws, or is obscene, defamatory, or otherwise
unlawful. In instances that involve child pornography, Gigablaze/Futuras
Technologies, LLC complies with all applicable Federal and/or State
laws including providing notice to the National Center for Missing
and Exploited Children or any other designated agency.
Prohibited Activities
The following activities are expressly prohibited and can result in
the immediate termination of access to the Network:
Attempting to intercept, redirect, or interfere with electronic communications
intended for others.
Intentionally transmitting or retransmitting files or scripts that
contain or activate a computer virus.
The resale of Gigablaze/Futuras services or products, unless expressly
authorized in a separate written agreement with Gigablaze/Futuras Technologies,
LLC.
Providing false, misleading, or incorrect data to Gigablaze/Futuras
Technologies, LLC on written or online applications, contracts, or
other documents or materials provided to Gigablaze/Futuras, including
fraudulent credit card numbers, fradulent paypal accounts, or fradulent "bill
to" addresses or telephone numbers.
Attempts to circumvent, alter and/or modify the processes, procedures,
scripts, or programs used by Gigablaze/Futuras to measure time, bandwidth
utilization, or other methods to document account holder use of Gigablaze/Futuras
products and services.
Any other inappropriate, abusive, or illegal activity of the Network
(as determined by Gigablaze/Futuras), whether or not specifically listed
here in the AUP, may result in the immediate suspension and/or immediate
termination of access to the network, and immediate suspension and/or
termination of the account holder's account.
Cooperation with Criminal or Civil Investigations
Gigablaze/Futuras cooperates fully with appropriate law enforcement
agencies and/or other parties involved in investigating claims of illegal
or inappropriate activity conducted on the Gigablaze/Futuras Network.
Gigablaze/Futuras reserves the right to disclose account holder information
to the extent authorized by the relevant federal surveillance statutes.
AUP Modifications
Gigablaze/Futuras reserves the right to modify this AUP at any time
without prior notice. When appropriate and/or necessary, Gigablaze/Futuras
will attempt to notify account holders of any such modifications, either
with e-mail or by posting a revised copy of this AUP in this location
on our website.
Restrictions on Use of Account
It is the account holder's responsibility to keep their password secure.
An account holder may not share their password or user account with
any other party. An account holder may not resell or lease the Network
or any portion thereof. An account holder may not logon to more than
one user session at a time.
Mail Server Filters
The use of the Gigablaze/Futuras Network to transmit email through
external third party servers is expressly prohibited. Account holders
are responsible for ensuring that all persons accessing or using the
Network under their authorization comply with the AUP.
If you become aware of any violation of this AUP by any person, company,
or corporation, including authorized users that have accessed the Network
via your account, please notify Gigablaze/Futuras immediately. Gigablaze/Futuras
will notify you, our account holder, of complaints received by us regarding
each incident of an alleged violation of this AUP by users of the Network
that are authorized by you. You agree to promptly investigate all such
complaints and take all necessary actions to remedy any actual violation
of this AUP. Gigablaze/Futuras may identify to the complainant that
you, the account holder, are investigating the complaint and Gigablaze/Futuras
may provide the complainant with the necessary information to contact
you directly. Every Gigablaze/Futuras account holder must identify
a representative for the purpose of receiving complaint related notifications.
Gigablaze/Futuras reserves the right to install and use, or to have
you install and use, on your colocated or dedicated server, any appropriate
devices to prevent violations of the AUP, including devices that are
designed to filter or terminate access to the Network provided by Gigablaze/Futuras.
Questions, Comments, or Complaints
If you are uncertain as to whether or not a contemplated activity
is permissable under the AUP, please e-mail sales@gigablaze.com for
clarification. Complaints regarding prohibited activities or other
abuse of the Gigablaze/Futuras Network, including violations of this
AUP, should also be sent to sales@gigablaze.com
LEGAL
Additional Terms and Conditions
Use of the Gigablaze/Futuras Network by an account holder or authorized
user of an account holder is subject to the terms and conditions of
any agreements entered into by the account holder with Gigablaze/Futuras.
This AUP document is hereby incorporated into such agreements by reference.
Limitation of Liability
Gigablaze/Futuras Technologies, LLC shall not be liable for any indirect,
incidental, special, consequential, or punitive damages, including
but not limited to loss of profits, loss of business or business opportunites,
loss of use, etc., even if advised of the possibility of such damages.
Gigablaze/Futuras Technologies, LLC shall not be liable for any direct
or actual damages, except to the extent specified in a written or electronic
agreement entered into between Gigablaze/Futuras Technologies, LLC
and its account holders. Gigablaze/Futuras Technologies, LLC makes
no warranties or representations herein, either express or implied,
concerning the Gigablaze/Futuras Network, and expressly disclaims warranties
of fitness for a particular use or purpose, the warranty of merchantability
and any other warranty implied by law.
Complaints regarding prohibited activity or other abuse of the Gigablaze/Futuras
Network, including violations of this AUP, should be sent via e-mail
to sales@gigablaze.com.
Please include all applicable information that will assist Gigablaze/Futuras
in investigating the complaint, including all applicable headerlines
of forwarded messages. Sites external to the Gigablaze/Futuras Network
experiencing live attacks from Gigablaze/Futuras Technologies account
holders should call Gigablaze/Futuras (telephone 913-681-3026) to submit
a complaint as quickly as possible. If you are a Gigablaze/Futuras
account holder and are uncertain as to whether any contemplated use
or activity is prohibited, please submit questions or comments to Gigablaze/Futuras
Technologies, LLC.
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