Acceptable Use Policy
This document was last modified on September 1st, 2022.
FVWebsite Design employs an Acceptable Use Policy (hereinafter “FVAUP“) to maintain the integrity and performance of its computer equipment. As such, it is important not to use your hosting account in a way that may negatively affect other FVWebsite Design clients. Our FVAUP describes what is and is not allowed on our servers. By using any of our services, you agree to comply with our FVAUP. Failure to comply with the FVAUP may result in account suspension or termination without prior notice. FVWebsite Design will remain the sole arbiter in what constitutes a breach of our FVAUP.
You may not use any of FVWebsite Designs services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules, or requirements. You agree you will not be entitled to a refund of any fees paid to FVWebsite Design if, for any reason, FVWebsite Design takes corrective action with respect to your improper or illegal use of its services.
FVWebsite Design reserves the right at all times to disclose any information as FVWebsite Design deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in FVWebsite Design’ sole discretion.
FVWebsite Design has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of $250.00, plus taxes, can be charged for a first offense, and penalties double for repeat offenders.
FVWebsite reserves the right in its sole discretion to refuse to sell design or code to a client who has a site that it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offense, infringes privacy or copyright or any other questionable media at FVWebsite own discretion. FVWebsite reserves the right to refuse to sell design or code to that thought or known as competitors of FVWebsite. FVWebsite reserves the right to refuse sale for orders from suspect payment or address details or other reasons at FVWebsite own discretion. FVWebsite reserves the right without notice to cancel, reject, refuse a sale to or work with a client without reason for such rejection or refusal.
There is no fixed email delivery limit; however, a $250 administrative fee will be charged to your account if your public IP address gets listed on a public “blacklist” and we need to actively intervene in order to get it de-listed.
Dedicated server clients have their files/database/emails backed up once per week and these subsequent backups are stored both online and offline for security purposes.
Dedicated servers are permitted to use the full resources available on their machine.
8.DISK SPACE USAGE
Clients are permitted to use the full hard drive space available on their machine.
Dedicated are not limited by the number of simultaneous processes they can run.
There are no database limitations on Dedicated and VPS clients.
11.ALLOWED SOFTWARE AND SCRIPTS
All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is our responsibility to update all the installed software with the latest security patches in a timely manner. We monitor this regularly and make sure that any required updates are installed to the latest coding standards along with running the imunify360 security suite to automatically monitor the hosted website for any malware.
Popular web applications such as WordPress, Drupal, Joomla, and phpBB, along with their plug-ins, modules, and add-ons, are particularly vulnerable to exploits due to their popularity, so additional vigilance must be used to ensure the software is safe and up-to-date.
Insecure scripts and software may be disabled by FVWebsite Design at any time without prior notice to prevent issues with the server’s security.
12.UNLAWFUL CONDUCT OR IMPROPER USE
You agree not to use FVWebsite Design systems for any purpose that is unlawful or prohibited by this FVAUP, and you agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements.
FVWebsite Design reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:
- Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
- Transmission, distribution or storage of any material in violation of any applicable law or regulation, including Warez and any pirated content or tools;
- Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal;
- Misrepresenting or fraudulently representing products/services;
- Impersonating the identity of a third party;
- Illegal access to other computers or network (i.e. hacking) and distribution of Internet viruses or similar destructive activities;
- Violating Canadian or American export control laws for software or technical information;
- Facilitating, aiding, or encouraging any of the above activities, whether using FVWebsite Design network or service by itself or via a third party’s network or service;
- Interference with a third party’s use of FVWebsite Design’ network or service, or ability to connect to the Internet or provide services to Internet users.
The following uses of our servers are strictly forbidden:
- Proxy servers;
- Auto-surf sites;
- IRC Servers.
FVWebsite and any third-party associates agree that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about FVWebsite to another party.
Absolutely no adult content is permitted on our Dedicated or VPS servers.
You may not offer downloads of third-party software (i.e. software, games, or tools that were not directly created by you or for which you do not have an exclusive distribution agreement) from your hosting account. These are commonly referred to as “mirror” download sites. Instead, you are encouraged to link to the vendor’s original download site.
FVWebsite Design will, at its own discretion, determine what action will be taken in case of a violation of the FVAUP. FVWebsite Design reserves the right to suspend or terminate any account found to be violating the FVAUP without notice and without refund of any pre-paid fees. Violation of this FVAUP could also subject you to criminal or civil liability.
FVWebsite Design reserves the right to modify this FVAUP at any time without providing prior notice. You are responsible for all use of the FVWebsite Design services by yourself, your employees, agents, contractors, invitees, and customers, whether such use is with or without your consent.
18.QUESTIONS AND CONCERNS
If you would like more information about FVWebsite Design’ Acceptable Use Policy, please contact us. We will deploy our best efforts to assist you.
19.HOW TO REPORT ABUSE
Please contact firstname.lastname@example.org. Please ensure you include as much information as you can to assist our investigations. Complaints will be investigated within 24 hours of receipt and we may follow up to obtain additional information. Unless we require additional information, you will not receive a reply or update from us.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
21.APPLICABLE LAW AND JURISDICTION
This Agreement and its interpretation are subject to the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the Province of British Columbia, including disputes regarding the Agreement’s interpretation and its effects.