Firestarhosting.cc Terms of Service (TOS) and Acceptable Use Policy (AUP) Document

Effective: Thursday, January 21, 2021


Acceptable Use Policy

This Firestarhosting.cc Terms of Service (TOS) and Acceptable Use Policy (AUP) document is provided to give our customers and users a clear understanding of what Firestarhosting.cc expects of them while using the service.

All users of Firestarhosting.cc services: those who access some of our services but do not have accounts, those with free accounts, as well as those who pay a service fee to subscribe to the Services, must comply with our TOS (Terms of Service) and our AUP.

Use of Firestarhosting.cc Service constitutes acceptance and agreement to Firestarhosting.cc AUP as well as Firestarhosting.cc Terms of Service (TOS).

IMPORTANT NOTICE: All Payments to Firestarhosting.cc may be deemed Non-Refundable under violation of the Terms of Service (TOS) and Acceptable Use Policy (AUP).

We support the uncensored flow of information and ideas over the Internet and do not actively monitor hosting activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

Firestarhosting.cc may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong doing. Your violation of this AUP may result in the suspension or immediate termination of either your Firestarhosting.cc account or other actions as detailed in the below sections WITHOUT PRIOR NOTICE.

This document is intended to provide an understanding of Firestarhosting.cc Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Firestarhosting.cc AUP:

Firestarhosting.cc intends to provide its customers with access to all that the internet as a whole has to offer. While Firestarhosting.cc is firmly committed to the principles of free speech, certain activities that may encroach on the reasonable usability of the internet and/or our server resources/services will not be permitted under the Terms of Service (TOS) and Acceptable Use Policy (AUP).

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our server and services.

You may not use your shared hosting account to publish material, which Firestarhosting.cc determines, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Firestarhosting.cc account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, blatant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our server community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at webmaster@firestarhosting.cc.

Violation of AUP

The following constitute violations of this AUP:

1. Illegal use:

Firestarhosting.cc services may not be used for illegal purposes, or in support of illegal activities. Firestarhosting.cc reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors:

Use of Firestarhosting.cc service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Any account found to host child pornography or linking to the same will be removed from our server immediately without notice. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency. Any account found to host "Lolita" type content or linking to the same will be given one hour to remove the offending content/domain.

3. Threats:

Use of Firestarhosting.cc service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment:

Use of Firestarhosting.cc service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity:

Use of Firestarhosting.cc 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," "ponzi schemes," and "chain letters."

6. Forgery or impersonation:

Adding, removing or modifying identifying server header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM):

Our server may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM/illegal content advertising sites on other servers which in turn contain links to a domain on our server is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. You will not use your account for any bulk-mailing carried out for a third party including and not limited to another domain off our server. If you are found to have spammed, then we will immediately, without warning, disable your account. In addition, we will impose a $70 penalty for each spam policy violation. Penalty for subsequent violations will be higher. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

Important Notice

Any website that supports spammers or causes our IP address to be listed in any of the various Spam Databases will have their account immediately suspended on our server. The account will not be unsuspended until such time that you agree to remove ANY and ALL traces of the offending material immediately upon account reinstatement and agree to allow us access to your account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our server without notice to the customer.

8. E-mail / News Bombing:

Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Firestarhosting.cc account on our server.

9. E-mail / Message Forging:

Forging any message header, in part or whole, of any electronic transmission, originating or passing through Firestarhosting.cc server is in violation of this AUP.

10. UsenetSpamming:

Firestarhosting.cc has a zero tolerance policy for the use of its server for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access:

Use of Firestarhosting.cc server to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Firestarhosting.cc or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

12. Copyright or trademark infringement:

Use of Firestarhosting.cc service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data:

Use of Firestarhosting.cc services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is violation of this AUP.

14. Server disruptions And unfriendly activity:

Use of Firestarhosting.cc services for any activity which affects the ability of other people or systems to use Firestarhosting.cc Services or the Internet. This includes "denial of service" (DOS) attacks against another server host or individual user. Interference with or disruption of other server users, services or equipment is prohibited. A customer may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A customer may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Firestarhosting.cc will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud:

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

16. Distribution of Viruses:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

17. Third Party Accountability:

Firestarhosting.cc customers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Acceptable Use Policy.

18. Peer to Peer Software (File Sharing):

The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on Firestarhosting.cc service is prohibited. Use of such software could result in suspension of service.

Internet Radio Stations

Internet radio stations requesting streaming services must follow the requirements set forth below. A station that does not follow these requirements may be subject to account termination if requirements are not followed.

If for one reason or another the requirements cannot be followed, either because the streaming plug-in used does not support something or the setup cannot accommodate the requirements, you must let an administrator or support person of Firestarhosting.cc know immediately of this.

Failure for an internet radio station to obtain a license with a licensing provider will be grounds for account termination or deletion.

If a complaint is forwarded to Firestarhosting.cc about a station not being licensed and the station refuses to become licensed after being informed of this complaint, the station’s account will be deleted immediately.

If Firestarhosting.cc incurs fees such as: Legal, fines, or other financial fees on behalf of a nonlicensed internet radio station, it will be the sole responsibility of the account holder to pay these fees in full to Firestarhosting.cc.

Streaming Requirements

Internet radio stations who host on the FirestarHosting.cc platform are required to enable title streaming for all broadcasters and DJ's. The formatting of the title streaming should be: Song artist hyphen (dash) space Song title.

Internet Radio stations are required to stream in either: 64K, 96K, or 128K. Formats supported: OGG or MP3.

Internet radio stations must identify the station in question after a select few songs.

Internet radio stations must denote if the show will contain adult content or not.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to the Firestarhosting.cc server or another server.

Users who violate server security may incur criminal or civil liability.

Firestarhosting.cc will cooperate fully with all law enforcement agencies in the investigations of violations of server security to its server, or server security at other sites, including the investigations of suspected criminal violations.

Password Change Requirements

Firestarhosting.cc customers will be asked to change their passwords every 30 to 60 days as part of server security measures. If the customer cannot change their password for whatever reason, they can contact support to request a password change be done on their behalf.

In order to request a password change, however, the customer must:

If either one of the above is not true, the password request will be denied and the account password locked to prevent unauthorized use.

Customer Data Recovery and backups

Firestarhosting.cc customers will be responsible for the daily backup and subsequent recovery of their accounts should something happen to the account. Firestarhosting.cc will only recover the account to a working state from a full system backup, only if the following statements are true:

If none of the above statements are true, , the customer will be responsible for restoring from a site backup they made themselves. If no site backup was made the customer will be charged a fee if Firestarhosting.cc Administrators have to restore the account.

REVISIONS TO THIS ACCEPTABLE USE POLICY

Firestarhosting.cc reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Terms of Service

Firestarhosting.cc agrees to furnish services to the customer, subject to the following TOS (Terms of Service). Use of Firestarhosting.cc Service constitutes acceptance and agreement to Firestarhosting.cc AUP as well as Firestarhosting.cc TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Firestarhosting.cc and AUP (Acceptable Use Policy).

The AUP may be changed from time to time at the discretion of Firestarhosting.cc. Customer understands that change to the AUP by Firestarhosting.cc shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in accordance with the laws of the state of North Carolina, United States of America and the state of New Jersey, United States of America, where applicable.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that Firestarhosting.cc may disclose any and all customer information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the customer. In addition, Firestarhosting.cc shall have the right to terminate all services set forth in this Agreement.

Paid Accounts

Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer. Customer further acknowledges that promotions may be offered from time-to-time and may be revoked or discontinued at any time without notification or provocation.

3. Payment:

Establishment of this service is dependent upon receipt by Firestarhosting.cc of payment of stated charges. Subsequent payments are due on the anniversary date of your account creation. Any payment that is paid two days after the anniversary date of your account creation, will be denied and any and/all services including your account will be suspended without any refund to you.

4. Payments and Fees:

For any account payment that is returned, the customer will incur a payment returned administrative fee of $5.50. Your account will be considered passed due 2 days after the anniversary date of your account billing.

Any paid Accounts that are passed due on the payment of the account, or who have been suspended will incur a $10 reactivation fee. If said reactivation fee is not paid the account will not be reactivated. In addition if the account remains deactivated for a consistent ninety (90) days, the account will be scheduled for deletion and will not be recoverable.

5. Account Cancelation:

Paid customers who wish to cancel their account must do so three (3) days before the next billing cycle. Paid customers wishing to cancel their accounts must submit such requests in writing by sending email to: support@Firestarhosting.cc

With the subject Account Cancelation Request. In the body of the message, they must provide there then current username along with their domain name, and the fact that they wish to cancel their account. Once account cancellation requests are received they cannot be terminated.

Paid customers who do not cancel their accounts will continue to be billed until a written account cancellation request is received. Even if such a cancellation request is received however, the paid customer will still be required to pay any outstanding account related charges before the account can be fully terminated. Only authorized account holders or account contacts appointed by the account holder themselves may issue account cancelation requests. Authorized account contacts can be appointed at account creation or at any time during the paid customer’s account term, but only if the account is within good standing.

6. Refunds and Disputes:

All payments to Firestarhosting.cc are non-refundable. This includes, but is not limited to:

One-time installation fees; (including any services and/applications)

Custom configurations/administrative requests; (This may include, but is not limited to: customization of client services and/or applications, service starts, restart, or shutdowns, troubleshooting/resolution of client service/application issues)

And subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Firestarhosting.cc sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Firestarhosting.cc an “Administrative Fee" of no less than the amount owed plus $5.50. We reserve the right to collect any subsequent charges pursuant to the reasonable enforcement of the TOS/AUP.

7. User Account Restore After 90 Days:

Paid account users who have had their account scheduled for deletion, can have the account restored but the user must provide a current backup file to restore and is responsible for sending the backup file using their own bandwidth.

Free Accounts

Free customer’s who wish to acquire an account will have their accounts activated within 24 to 48 hours. Free account customers who exceed their disk quota will have their account suspended for the remainder of the calendar month. If the disk quota remains above the permitted quota usage, the account will remain suspended until the quota has dropped below the maximum allowable usage or until the end of the next month, whichever is later. If a free customers account is suspended for a consistent ninety (90) days, no account restoration will be possible.

Free customers who do not use their account for a consistent period of 60 days, two (2) months, and who do not contact Firestarhosting.cc within 2 months to let us know that they intend to still use their account, will have the account in question deleted along with any backup files we may have available for such account.

Additional Terms

8. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Firestarhosting.cc and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that Firestarhosting.cc shall not be liable for any damages arising from such causes beyond the direct and reasonable control of Firestarhosting.cc. Customer further acknowledges that Firestarhosting.cc's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Firestarhosting.cc be liable for any special or consequential damages, loss or injury.

New Domain Accounts

All new or existing web hosting accounts involving new domains will be set up and entered into our provider's DNS servers within 24 hours. In rare cases, however, this process may sometimes require up to 3 business days to complete.

Domain registration, Transfer, and Renewal

All domains registered with, transferred to, or renewed through Firestarhosting.cc are the sole property of the owner who requested domain registration, transfer, and renewal. However, because they are registered through Firestarhosting.cc, the owner must pay Firestarhosting.cc directly three (3) days prior to domain expiration.

Failure for the owner to pay on time will result in the domain expiring. Our registrar Ennom, Inc. requires the full exact amount be paid in full for the domain name in question.

10. Support Boundaries

Firestarhosting.cc provides 24 x 7 technical support to our customers. We limit our technical support to our area of expertise. The following is our guidelines when providing support:

Firestarhosting.cc provides support related to your account. Firestarhosting.cc does not offer technical support for application specific issues such as CGI programming, PHP or any other such issue. If you can email, we encourage you to email webmaster@firestarhosting.cc

For assistance. If you are able to get online and have other questions, we encourage you to check there first. Lastly, the Help files with the programming language you are working with may have the answer to your question, so please do investigate these resources and send an email before utilizing our online help desk system for support.

Firestarhosting.cc will not answer any support questions, make account modifications, or install any services without a support ticket being submitted first.

Support tickets have a 24 to 48 hour response time, meaning our staff has 24 to 48 hours to respond. In rare cases, however, such as the holidays, a natural disaster, or in a server crisis, tickets may not be responded to within 24 to 48 hours.

If this should occur, though, customers will be notified as soon as possible, or in the case of a natural disaster or server crisis, they will be notified after the natural disaster is over or the server crisis is resolved.

11. Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.

12. Responsibility for Content:

You, as a Firestarhosting.cc customer, are solely responsible for the content stored on and served by your Firestarhosting.cc account.

13. Denial of Service:

We reserve the right to refuse service to anyone at any time for any reason.

14. Electronic Notice of Policy Changes

Firestarhosting.cc will notify, via email if we have customers email addresses on file, any and/all customers about any changes to the TOS/AUP document. Customers both free and paid will receive the email notifications, and will have 30 days from the date that they received the electronic notice, to read the new changes which will be marked with the words Changed section and the section name. Those who do not choose to read the new changes will be responsible for any consequences they incur if the new guidelines are not followed.

Document Online Access

This document in its entirety can be accessed by going to

http://www.Firestarhosting.cc/policies/tos.htm

You may also download a copy in the below formats:

MSWord Docx (Office 2007 only)

http://www.Firestarhosting.cc/policies/tos.docx

Plain Text (Txt)

http://www.Firestarhosting.cc/policies/tos.txt

Rich Text Format (RTF)

http://www.Firestarhosting.cc/policies/tos.rtf

Contact Information

If you need to reach Firestarhosting.cc at any time, we can be reached by e-mail at

webmaster@firestarhosting.cc

World Wide Website

www.firestarhosting.cc

Online Support Help Desk System

https://support.firestarhosting.cc