The use of services from FansCity.EU [hereafter referred to as "Fanscity"] constitutes agreement to these terms.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
Abuse & Prohibited Use
Fanscity reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Fanscity staff.
Abuse can include, but is not limited to the following offenses:
A) Any attempts to compromise or actual compromise of a network device belonging to FansCity or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" is also prohibited and may result in termination of service.
D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, software, ring tones or anything else considered "warez". Any complaint received will be investigated and may result in suspension of service.
E) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal is strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
G) The use of IRC software, Bit Torrent software, Proxy software, and automated "bots" is strictly prohibited. The use of some forums and any other multiuser chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. Fanscity will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction.
H) Offering image, file, document or data storage and free hosting or email services are strictly prohibited.
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
You agree to supply appropriate payment for the services received from Fanscity, in advance of the time period during which such services are provided. You agree that until and unless you notify Fanscity of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Fanscity, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.
Fanscity reserves the right to change the monthly payment amount and any other charges at anytime but with at least 1 month prior notice.
Discount & Coupon Codes
Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. Fanscity reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, Fanscity reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Money Back Guarantee
If an account with a thirty (31) day money-back guarantee is purchased and cancelled within thirty (31 days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (31) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (31) days.
Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund.
Bandwidth & Storage Usage
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Backups & Data Loss
Your use of this service is at your sole risk. Our backup service runs once a day and only 30 days of backups are kept. This service is provided to you as a courtesy. Fanscity is not responsible for files and/or data residing on your account. Customer agrees to maintain a current copy of all content hosted by Fanscity notwithstanding any agreement by Fanscity to provide backup services.
Reseller Client Responsibility
Resellers are responsible for supporting their clients. Fanscity does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Fanscity will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account.
Fanscity strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Fanscity monitoring systems or Fanscity authorized/contracted outside monitoring services. If Fanscity fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Fanscity does not credit a full month's service for minor downtime. This would not be financially healthy for Fanscity, and in turn would only negatively affect the service level Fanscity provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Fanscity may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the FansCity network caused by or associated with:
A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
B) Backbone peering point issues
C) Scheduled maintenance for hardware/software upgrades
D) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Fanscity utilizes only name brand hardware of the highest quality and performance.
E) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
F) DNS issues not within the direct control of FansCity
G) Network floods, hacks, attacks from outside parties or individuals
H) Failure or error of any Fanscity monitoring or measurement system
I) Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Fanscity service(s) in breach of Fanscity and Service Guidelines (AUP), by Client or others authorized by Client.
Right To Refusal Without Cause
Fanscity may refuse to accept any customer or any website for participation in the Fanscity network as determined by Fanscity at its sole discretion.
Changes To The TOS
Fanscity reserves the right to revise its policies at any time without notice.
C. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed. No limit to the number of outbound emails.
D. Mailing Lists Rules: Anytime you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you are using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under Fantastico DeLuxe. If you do not throttle and you try sending let's say 60 emails the server will try sending all 60 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server. No refunds will be given.
E. Any mailing list over 900 emails is only allowed to be sent during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.
F. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it, this is spam and will result in termination of the offending account. No refunds will be given.
G. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail. No refunds will be given.
H. Every mailling list MUST comply with all guidelines set forth by the United States of America.
I. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. No refunds will be given.
J. Cobol reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Cobol reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Cobol and will not be less than $50 or $50 each man hour of time utilized, whichever is greatest.
3. Payment Information
A. You agree to supply appropriate payment for the services received from Cobol, in advance of the time period during which such services that are provided is due. You agree that services will continue to be charged unless you notify Cobol of your desire to cancel any and/or all services received, those services will be billed on a recurring basis according to your current pricing structure (i.e. domain fees, hosting fees). Cancellations must be done in writing via the account services support department.
B. Cobol reserves the right to change any and/or all fees at anytime.
4. Backups and Data Loss
Your use of the services rendered is at your sole risk. Cobol is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Cobol servers. Your server may or may not have automatic backups installed. Servers that have automatic backups are generally done on Sunday. Backups can be made through cPanel.
5. Cancellations and Refunds
6. Resource Usage (Not allowed)
A. Customer (you) may not use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
B. Any account is not allowed to use average system resources (CPU, RAM, MySQL) more than 2% in 24 hours cycle.
C. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
D. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
E. Run any software that interfaces with an IRC (Internet Relay Chat) network.
F. Run any bit torrent application, tracker, or client.
G. Participate in any file-sharing/peer-to-peer activities.
H. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc... (dedicated servers do not apply)
I. Run cron entries with intervals of less than 15 minutes.
J. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include("include.php")
K. Media hosting (i.e. audio , video etc), Backup hosting, Adult content hosting , Online Forum etc are strictly prohibited.
7. Bandwidth Usage
You (Customer) are allocated a monthly bandwidth usage. This allowance varies depending on the web hosting service you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next billing cycle/allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you (customer) upgrades to a higher level of service, terminate the account and/or charge you an additional fee for the overages. Unused bandwidth in any one month of service cannot be carried over to the next month.
The uptime of a server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. Cobol cannot 100% gaurantee the uptime status of any server for many factors which may include but not limited to udates to software, malicious or intentional activities, hardware failure, acts of God defined as conditions beyond our (Cobol and/or our vendors that provide equipement or services to us) control that interupts services at a facility.
9. Reseller Client Responsibility
10. Shared (non-reseller accounts)
Shared hosting accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.
Cobol reserves the right to reset the password on a VPS if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Cobol reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
12. Price Change
The amount you pay for hosting will never increase from the date of purchase for the term of contract (if said contract exists and is validated by Cobol). Cobol reserves the right to change prices for services at any time. Furthermore, we reserve the right to change prices listed on Cobolhosting.com, and the right to change the amount of resources given to any plan at any time.
Customer(you) agree that it shall defend, indemnify, save and hold Cobol harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Cobol, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cobol against liabilities arising out of;
A. Any injury to person or property caused by any products sold or otherwise distributed in connection with Cobol.
B. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
C. Copyright infringement.
D. Any defective products sold to customers from a Cobol operated server.
Cobol shall not be responsible for any damages your business may suffer. Cobol makes no warranties of any kind, expressed or implied for services we provide. Cobol disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Cobol and its employees.
14. Disclosure to law enforcement
Cobol may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Cobol reserves the right to revise its policies at any time without notice.