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Florida Webmaster Corporation's: Acceptable Use Policy Florida Webmaster Corporation's (TM) Acceptable Use Policy described below defines the actions that FWC considers to be abused and strictly prohibited. There are no exclusions in this listing. Please, be aware that the actions listed below are also prohibited from other Internet Presence Providers (IPP's) and (ISP's), their users on behalf of FWC to advertise any service hosted by FWC or connected via the FWC Network. As defined by the Federal Trade Commission Deception Policy Statement, such services are not to be advertised by way of deceptive marketing policies. For abbreviation purposes, Florida Webmaster Corporation will be referred as FWC and companies or individual account owners using our services as CUSTOMERS. Support Specification of Service We provide free support for the initial setup of your Cobalt using the GUI for 30 days. We do not support any third party applications or any applications that are not standard Cobalt applications. Support for ASP, PHP, MySQL and CGI will only be supported though online references. For example, Cobalt Networks. As Florida Webmaster Corporation's Customer, you already benefit from our superior technology and expert staff. Our yearly hosting fee includes the following: Access to and allocated space on our high-speed dedicated Cobalt RaQ Server. Any hardware failures are our responsibility. Florida Webmaster Corporation will replace any failed hardware but is not liable for downtime or loss of data that results from hardware failure. Total control of your domain through administrator control panel access, FTP, and telenet are made available. Uninterruptible power management system and redundant power Network monitoring: 24 hours a day, 7 days a week, 52 weeks a year-we monitor the network is free.  To retain additional support services telephone 561-343-9651. Support per hourly charge is $75.00.  FWC's Acceptable Use Policy has been formulated with the following goals:  * Ensure security, reliability and privacy of FWC's systems and network, and the networks and systems of others. * Avoid situations that may cause FWC's to incur civil liability.  * Maintain the image and reputation of FWC's as a responsible organization.  * Preserve the value of Internet resources.  * Encourage the responsible use of net resources, discouraging practices that degrade the usability of network resources and thus the value of Internet services.  * Preserve the privacy and security of individual users.  The Acceptable Use Policy below defines the actions that FWC's considers to be abusive, and thus, strictly prohibited.      The examples named in this list are non-exclusive, and are provided solely for guidance to FWC's customers. If you are unsure whether any contemplated use or action is permitted, please send mail to Support@floridawebmaster.com and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by FWC's, or connected via the FWC's network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.  Network Security -      Customers may not use FWC's network as to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else's network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action. FWC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate systems or network security may incur criminal or civil liability. Florida Webmaster Corporation reserves the right to charge up to $500 per complaint to investigate.  Customer Spamming Policy -      Florida Webmaster Corporation has zero tolerance for spam originating from our customers, or from our customers' customers, or for spam advertising web sites of our customers or our customers' customers.  The Policy -     * Florida Webmaster Corporation has the right to charge $500 per complaint to investigate.      * Florida Webmaster Corporation does not deal with your customers or their customers etc.; we hold our customers responsible for dealing with spam from or about their section of the network.      * If we get a first complaint, we will forward it to you. If we don't receive a response indicating the complete resolution of the complaint within 24 hours, we may drop the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. In particular, we are concerned with spam that not only originates from your network, but also that advertises sites hosted on your network.      * If we get repeat complaints and it is clear that the problem has not been resolved, we may blackhole the section of IP space involved in the spam complaint until we are convinced that the problem is resolved. If so, we will contact you as soon as is feasible.      * We reserve the right to drop the section of IP space involved in spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon, as is feasible.  What this means to you?      * You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.      * You must educate your customers about spam so that it does not become a problem for you, or for us. If you sell accounts on your system(s), you must provide an Acceptable Use Policy (AUP) at least as restrictive as our own.      * You must promptly investigate and deal with any spam or other abuse complaints forwarded to you.  Why this Policy?     We at Florida Webmaster Corporation strongly believe that the usability of the Internet is dependent on the elimination of UCE (Unsolicited Commercial E-mail) from the newsgroups and E-mail of both casual and heavy Internet users. If you are a hosted web sites, you must be particularly vigilant, as you and your other customers could be disconnected from the Internet due to one customer's spamming.  Bandwidth Charges      Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for FWC than most other Internet hosting services. If you exceed the traffic limit(51GB per month on the RaQ 3's, and 66GB per month on the RaQ 4i's) then there will be a $2.75 charge per GB (extra traffic is only sold in blocks of 10GB). These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.  General Conduct      Customers are prohibited from transmitting on or through any of FWC's services, any material that is, in FWC's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. FWC's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. FWC's reserves the right to remove such illegal material from its servers.      The customer is responsible for keeping his billing data with FWC up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.  Payment      * · FWC accepts following payment methods: credit cards, wire transfers, Western Union transfers, cashiers checks in USD and money orders in USD.       * Customers agree to supply appropriate payment for the services received from FWC, in advance of the time period during which such services are provided.      * Customers agree that all setup fees are non-refundable once setup is completed.      * Customer is aware that if you are paying by credit card, prepayments will be billed and charged automatically, and that FWC may apply the amount due to the provided card at any time.          * All statements are sent to customers via e-mail.      * Customer understands and agrees that FWC shall not be responsible for any charges or expenses that customer may incur resulting from overdrawing customer's bank account or exceeding customer's credit card limit as a result of an automatic or manual charge generated by Florida Webmaster Corporation pursuant to this authority.      * Returned checks will incur an administrative fee of $25 US.      * Timely payment is crucial. All accounts that are past due by more than five calendar days are subject to 10% late Fee and interruption of service(s) without further notice. With all disconnection's, a $50.00 reinstatement fee will apply to reactivate the service(s) again. If customer's account is in default and their account is sent to collections, customer will be responsible for any collections fees that may apply.  Contract Length:      The minimum contract length for any of our services is 12 months, for Network Access and Hosting Services. Customers can change programs or services as many times as they want. There will be a $100.00 downgrade fee to change to a lower Service Plan, but there is NO upgrade fee to change to a higher Plan.  Cancellation:      FWC reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by FWC to customer if FWC initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client's breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be cancelled at any time effective the end of the 12-month contract.      Due to protection concerns, all account cancellations must be done in writing via US mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with valid signature, last four digits of credit card number on file and reason for cancellation. Third party cancellations are not accepted.      Upon termination, either by Florida Webmaster Corporation or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. Customer further agrees to pay Florida Webmaster Corporation all reasonable administrative costs if Florida Webmaster Corporation must intervene in reregistering the hosts.  FWC Disclaimer:      * FWC is not responsible for any damages your business may suffer.      * FWC does not make implied or written warranties for any of our services.      * FWC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FWC.      * The Customer will not use its network nor space provided by FWC to violate any law. In the event Customer violates existing law, FWC shall have the right to terminate all service set forth in this Agreement. In the event that FWC is informed by government authorities of inappropriate or illegal use of FWC facilities or other networks accessed through FWC, FWC may terminate customer's service.      * FWC will cooperate fully with investigations of violation of systems or network security at other sites.      * FWC will cooperate with law enforcement authorities in the investigation of possible criminal violations.      * Customers who violate systems and/or network security, may incur in criminal or civil liability.      * FWC reserves the right to amend its policies at any time. Our Customers will be held responsible for the actions of our customers' clients in the matter described on these terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of Use Policy.  NOTICE! The Cobalt RaQ is designed to be administered totally via the Web-based admin interface. Florida Webmaster Corporation will not support anything done outside of the Web-based admin interface on the Cobalt RaQ, specifically any modification of files from a telnet, SSH, or console shell (this includes, but it not limited to the configuration files, software programs or data that are part of the Cobalt's operating system) that results in improper or impaired function of the product or system failure. This excludes modification of files by employees of Cobalt Networks, Inc By agreeing to our Acceptable Use Policy you acknowledge the following You must follow all State laws and Federal US Laws. Any legal disputes will be handled in United States Courts.

  

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