Terms and Conditions (Infrastructure)

FeedbackFans.com is operated by FeedbackFans.com Limited that is registered in England and Wales under company number 08464194 and our registered office is: 45 Brampton Gardens, St Neots, UK, PE19 2DU.

If a client account on FeedbackFans.com is used to violate our terms and conditions, we reserve the right to terminate your service without notice. The following constitute violations of these terms and conditions:

Illegal use: FeedbackFans.com services may not be used for illegal purposes, or in support of illegal activities.
Threats: Use of the FeedbackFans.com service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Fraudulent activity: Use of FeedbackFans.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” and “chain letters.”
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the FeedbackFans.com service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending FeedbackFans.com client account.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. This includes warez, mp3’s, mpegs, or anything else that might violate one or more of these laws.
Third Party Accountability: FeedbackFans.com clients will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the TOS. We reserve the right to delete or suspend any account that violates these terms.
Violation Of FeedbackFans.com Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Server Accounts. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund. * Adult images or content is not allowed at all on FeedbackFans.com servers. We reserve the right to delete, suspend, or terminate any account which these materials are found on.
Abuse of SSH Services: All cloud server packages come with SSH access. By default SSH is secure, though internet is full with tips how to abuse SSH of less protected data centres (not our case). Any attempt to abuse SSH will be seen as attack on the security of servers and your account will be terminated immediately.
Adult content is considered to be pornographic material or any other offensive content.
FeedbackFans.com is not responsible for errors of any type.
FeedbackFans.com has the right to determine if a link off its server is acceptable.
Mirror sites or other types of sites that are know to require excessive amounts of bandwidth should be approved of before uploading to our servers.

Forbidden services and activities of the Cloud Hosting Services

Use more than 10% of our platform’s processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations
Running stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCd
Any type of web spider or indexer
Any software that interfaces with an Internet Relay Chat network > IRC
Any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers
Participating in any file-sharing/peer-to-peer activities
YouTube, Facebook and other online resource video, audio downloaders.
Gaming servers
Running entries or other scheduled tasks other than by configuring them through our control panel
Operating proxy websites or services
Operating as a remote file host for other websites
Operating self-hosted file sync or similar “cloud storage” based services including (but not limited to) OwnCloud, Pydio and Sparkleshare
Knowingly transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
Promoting violence or harassing, upsetting, embarrassing, alarming or annoying any other person

Security

You agree to use only strong passwords and implement all security measures appropriate under the circumstances (e.g. the use of ssh instead of telnet) to safeguard access to the administrative and other accounts on the services.

Backups

You are responsible to backup all of your data (including data given or received) regularly and in a reliable manner and have such backups conveniently available. You can purchase our optional automatic backup service for a small fee.

Practice

Mirror sites and or mirrored files are not allowed on the server.
What we consider “basic tech support” is at our sole discretion and can be changed without notice. Please contact us for further details of what is currently considered basic tech support.
We reserve the right to refuse service to anyone.
FeedbackFans.com Cloud accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination or suspension of your account.
It is at FeedbackFans.com sole discretion whether or not to refund a payment during the 30 day satisfaction guarantee if the terms of service agreement is broken or abused.
FeedbackFans.com reserves the right to search through any and all files on its servers. If any files are found to break the Terms of Service Agreement we reserve the right to remove, suspend, or do anything else with these files that is found to be within our discretion. FeedbackFans.com has the right to report any illegal data to the proper authorities. FeedbackFans.com will be found in no way responsible for any files found on its server which were uploaded by a customer.
FeedbackFans.com bills clients in various pre-set periods. If during this period a customer cancels their account they will not receive any refund. Customers cannot put their accounts on “hold” or “delay”. Customers strictly pay for the time they use. *If an account is removed due to a violation we reserve the right not to refund payments.
You are prohibited from excessive consumption of resources, including CPU time, memory, bandwidth, disk space, and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of FeedbackFans.com systems or networks. FeedbackFans.com reserves the right to terminate or limit such activities.
All payments are due 30 days from the first day of original billing. If payment is not received we will suspend your account and will delete all remaining data after 7 days.
Upon accepting this terms and conditions agreement you also accept any agreement, contract, or T&Cs on our website.
FeedbackFans.com reserves the right to revise, amend, or modify these terms and conditions, our T&Cs (Terms and Conditions) and our other policies and agreements at any time and in any manner.
FeedbackFans.com retains the right to amend prices at any time. All price increases will take affect 30 days after announcement of increase.

General Acceptable Use (all services)

FeedbackFans.com services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of the FeedbackFans.com terms and conditions, your account will be terminated without notice and you will forfeit all of the money that has been paid to FeedbackFans.com.

Examples of content that is not acceptable on FeedbackFans.com servers: “Pirated software” or “Warez”, “Hacker programs and/or archives”, “IRC Bots”, “Gambling Related”,”Copyrighted Mp3’s”, cgi-based message boards. You specifically agree to indemnify and hold FeedbackFans.com harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another. Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

Acceptable Use of Cloud Hosting

MySQL Databases are limited to 1024 megabytes in size, when they reach this size we will notify you.

Cloud Hosting packages are a provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.

Some our Cloud Hosting Service packages allow you ‘unlimited’ server space for normal routine “non-file-distribution” web usage. For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of fifty (50) gigabytes per calendar month.

Non-file-distribution usage for our Cloud Hosting Services will remain unaffected by any limit imposed on downloading of video, audio or other files.

You must not use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part; We reserve the right to delete files or directories that are not web-visible without giving notice to you.

Adult Content

Adult content or links to adult content are not permitted on the Cloud servers. You’re more than welcome to look at a Dedicated Server with us, that does allow adult content. There is Zero tolerance policy on content that does not comply to international intellectual and copyright laws.

Spam

SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN list that people have signed up for. Spam complaints from other users will not be tolerated.

Websites advertised as spam may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

IRC and Chat Rooms

Internet Relay Chat (IRC) is not permitted on our Cloud servers in any of its many forms including but not limited to bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over-utilize the server processor.)

Website Hosting And Email

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the hosting services allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers. You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the user is a company, you warrant that the Services will not be used by anyone under the age of 18 years. Any access to other networks connected to FeedbackFans.com must comply with the rules appropriate for those other networks. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of e-mail.

Use of Site

You are responsible for all access to the Site using your Internet connection, even if the access is by another person.

Harassment in any manner or form on the site, including via e-mail, live chat, or by use of obscene or abusive language, is strictly forbidden and will result in immediate cancellation of all your accounts and services with any refund.

Impersonation of others, including FeedbackFans.com and our company FeedbackFans.com Limited or other licensed employee, partners, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Intellectual Property Rights

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

Service Availability

We shall use our reasonable endeavours to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Servers. We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason. The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions.

If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Termination without in any way limiting FeedbackFans.com Rights

If a site or a users violates these terms in any way, shape or form, the site will be deleted from our network. If 2 violations occur within a 90 day period the site will be blocked from our network. Our warning schedule is below. Warning: When you (or your clients) upload illegal content you (or your clients) are knowingly violating the terms of service. Therefore there is no need for a first warning. When you upload illegal files which violate these terms you know what you are doing is against our policies. There is no second warning, the domain is deleted. You may recreate the domain, however if illegal content is found on this domain again the domain will be blocked from our servers.

Questionable Situations: If we find content that is questionable and may or may not violate the terms of service we will contact you.

An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation. This will keep everyone happy.

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions, we may terminate this Agreement forthwith upon written notice. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you. On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Website as we think fit. Accounts may be cancelled by the user with a 7 day notice.

FeedbackFans.com reserves the right to cancel any account with or without notice.

Legal

FeedbackFans.com expects that its clients, customers and resellers of our services comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber’s failure to comply with those laws will violate FeedbackFans.com policy, and result in termination of the account. As a FeedbackFans.com customer, your sole remedy for any real or imagined breech, fraud, or lack is to stop paying FeedbackFans.com; that is, cancel your account. If we, in our sole judgement, have been the cause of an extensive breech of service to you, we will refund your payment for the breeched time, not to exceed thirty days.

Finally, FeedbackFans.com wishes to emphasize that in signing the service agreement, subscribers indemnify FeedbackFans.com for any violation of the service agreement, law, or FeedbackFans.com policy, that results in loss to FeedbackFans.com or the bringing of any claim against FeedbackFans.com by any third-party. This means that if FeedbackFans.com is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against FeedbackFans.com , plus costs and reasonable solicitors fees.

Limitation Of Liability

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you for the prior thirty days of services, which are the subject of any such claim. In any event no claim shall be valid unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall FeedbackFans.com Limited or any other entity which provides resources for the Service be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of the use of this Service including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.

Accounts and Service Limitations

You agree that the information you provide about yourself is accurate, current and complete. Similarly, information that you provide about your tax situation must be accurate, current and complete in order for your taxes to be prepared properly.

You may choose to register an account with the Service. Your registration data is primarily used so you may persistently store data on the Service and use advanced Galaxy features such as sharing and workflows. The operators of the Service will not provide your registration data to any third party unless required to do so by law. Your access to the Service is provided under the condition that you abide by any published quotas on data storage, job submissions, or any other limitations placed on the public Service. Attempts to subvert these limits by creating multiple accounts or through any other method may result in termination of all associated accounts.

Disclaimer

The Service is provided to you on an “AS IS” BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICE IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this service agreement.

Notices

Any notice to be given by either party to the other may be sent by either email or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Payment

Payments are accepted in GBP (UK pounds). All charges payable by you for the Services shall be in accordance with the monthly payment you agreed to when we accepted your account, and shall be due and payable in advance of our service provision.

Please contact us if you wish to receive invoices in your currency, though we can’t promise this side is implemented by our payment processors, bank and needs to show up accordingly in our accounting systems.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. Your Billing is based on the date that you signed up with us. (ex. If you joined us on October, 15th, 2001 Your Credit Card will be charged on the 15th of every month.)

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with FeedbackFans.com and FeedbackFans.com Limited, or in any way relating to your use of the Site, resides in the courts of England and Wales and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England and Wales in connection with any such dispute including any claim involving FeedbackFans.com Limited or its owner(s), affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of England and Wales, without respect to its conflict of laws principles.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Headings Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.

Misuse Of Resources Including but not limited to employing applications which consume excessive CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without Notice.

We do reserve the right to edit the terms of service at any time by amending this page with or without notice. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.