factor1hosting

TERMS OF SERVICE AGREEMENT

For the purpose of this document you, the recipient of Factor 1 Studios' website hosting service, will be referred to as Customer.

Customer may only use Factor 1 Studios' Internet service for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.

Customer is not permitted to use Factor 1 Studios' website service to build a website for the sole purpose or promoting or linking to another website. Customer is not permitted to send unsolicited email (commonly known as SPAM) to promote his or her website. Customer is not permitted to use Factor 1 Studios' free email service.

Customer is responsible for, and must provide, all telephone, computer, hardware and software equipment and services necessary to access Factor 1 Studios hosting. Customer needs to maintain a valid Internet e-mail address and is responsible for notifying Factor 1 Studios immediately of any changes in e-mail address. If Customer becomes unreachable because the email address listed with his or her website is no longer functional, Factor 1 Studios may discontinue access to the website or delete the website entirely.

Reselling web space on your account is STRICTLY PROHIBITED unless you are a certified reseller with Factor 1 Studios. Customers may not resell portions of their package and ÒredirectÓ other clients to special folders or URL's within their web hosting package. Factor 1 Studios employs a bandwidth and traffic analysis system, and will suspend or terminate customers who violate this term with no refund.

Factor 1 Studios reserves the right to change the format, content, or substance of its website service at anytime. Notice will be provided to Customer upon any changes in service.

Factor 1 Studios will provide a refund only in the case that it is unable to provide the services specified for the website hosting package ordered by Customer and a refund is requested by Customer. If these conditions are met the refund issued will not be for the full amount of the payment submitted by Customer but a pro-rated refund with additional deductions for transaction costs, $50 labor & set up fee, and registration deducted.

The Internet is neither owned nor controlled by any one entity; therefore, Factor 1 Studios can make no guarantee that any given user shall be able to access the servers on which its software operates at any given time. Factor 1 Studios represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible.

Under no circumstances, including negligence, shall Factor 1 Studios, its officers, agents or anyone else involved in creating, producing or distributing Factor 1 Studios' service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or inability to use, the Factor 1 Studios service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to Òacts of God,Ó communication failure, theft, destruction or unauthorized access to Factor 1 Studios' records, programs or services.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions Ñ whether in contract, tort including negligence or otherwise Ñ shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

This agreement is subject to change without your notice. Factor 1 Studios will do its best to notify all customers of any changes via email.

Prohibited Data

The following items will not be tolerated and are only acceptable under the terms provided.

Illegal Downloads: The use of Warez, mp3 files that you are not the rightful owner of, cracks, and any other forms of copyrighted software that you are not legally allowed to use/distribute are all strictly prohibited.

XXX/Porn Websites: Pornography is strictly prohibited. This is a black and white issue for us. Any Customer found hosting, or storing pornographic content will be will be suspended without a refund.

Spam: Spamming is frowned upon and we take this matter very seriously. Anyone found spamming will be suspended without a refund. This includes: sending advertisements to multiple e-mail addresses at one time (unless under the use of an opt-in mailing list), spamming in any way, or using forced attacks via e-mail.

Viruses: The following items are not allowed, nor will ever be allowed on Factor 1 Studios servers: hosting viruses, or sending viruses via e-mail, or allowing users to download files with Trojans, viruses, or any harmful files. If you are looking to host this material, please look somewhere else.

General Information

Space: The space on your website is yours to use. Constant monitoring should be done if you plan to allow FTP access to your website for uploading. You take full responsibility for every file located on your website. Hosting of illegal files, or anything not allowed in this TOS agreement will result in suspension of your account until future investigation is made.

Account Data Loss: While rolling weekly backups are in place, we do not personally create backups for your website files. You are responsible for these backups and we will not be held accountable for the loss of files.

Account Termination: We reserve the right to suspend your account if we suspect you are violating this TOS agreement. We will talk with you before deciding if you are not allowed at Factor 1 Studios servers.

Misuse of Resources: The misuse of resources, including but not limited to employing applications that consume excessive CPU time are prohibited.

Content: If you are unsure if the content is all right for you to post, please contact us first. We will give a response for your inquire very shortly.

Billing Terms

Accounts that are (14) days past due will be suspended until payment is received. Accounts that are (30) or more days past due will be deleted, and will require a $50 re-provisioning fee for re-activation.

Factor 1 Studios currently accepts the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS, PAYPAL, CHECK

Note: check payments are only accepted for ANNUAL BILLING CYCLES.

If you have any concerns about billing, contact Factor 1 Studios.