This Web Hosting Agreement (“Agreement”) is between For Impression, LLC, a Maryland limited liability company (“ForImpression”), and the person (individual or entity) who signs ForImpression’s service order and set-up form (“Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of ForImpression’s web hosting service.
Table of Contents
- Account Setup
- Payment Information
- Bandwidth Usage
- Backups & Data Loss
- Reseller Client Responsibility
- Shared (Non-Reseller Accounts)
- Uptime Guarantee
- Right To Refusal Without Cause
- Disclosure To Law Enforcement
- Copyright Policy
- Changes To The TOS
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. Providing false contact information of any kind may result in immediate termination of service. In high-risk transactions, it will be necessary to provide government-issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the Order may be considered fraudulent in nature and be denied.
Our transfers team will help you move your site to us. We provide this solely as a courtesy service and cannot make any guarantees regarding the availability or success of the transfer process, or the amount of time it may take as each host is configured a little differently. In some cases, we may be unable to assist you in a transfer of data from an old host to our server.
ForImpression reserves the right to decide, in its sole discretion, what constitutes acceptable use or prohibited use of its services or network, including whether any material or activity not specifically mentioned below constitutes an acceptable use or prohibited use.
Set forth below is a non-exclusive list of prohibited uses:
A) Any attempts to compromise or actual compromise of a network device belonging to ForImpression or any other individual or entity is prohibited. This includes, but is not limited to, 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 ForImpression or any attempts to launch a Denial of Service attack from our servers are prohibited. All infractions and/or suspected infractions will be vigorously investigated and may result in immediate termination of service.
C) Use of the ForImpression service or network to access, or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ForImpression or another’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 prohibited and the account of the offending Customer is subject to immediate termination.
D) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is 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.
E) The use of internet relay chat (“IRC”) software, torrent tracking software of any kind or automated “bots” is prohibited. Running proxy scripts (including but not limited to PHPProxy, CGIProxy and Glype Proxy) and uploading torrent files or related files that can be used with torrent software is also prohibited. The use of some forums and any other multi-user chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks, is also prohibited. All infractions and/or suspected infractions will be vigorously investigated and may result in immediate termination of service.
F) Adding, removing or modifying network 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 and may result in immediate termination of service. The use of anonymous remailers or nicknames does not constitute impersonation.
G) Forging any message header, in whole or in part, of any electronic transmission, originating or passing through the ForImpression network or server is prohibited and may result in immediate termination of service.
H) Sending commercial email or unsolicited bulk email, newsgroup postings, chain letters or anything else that could be considered as “spam”, is prohibited and may result in immediate termination of service. 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 immediate termination of service. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various spam databases will have their server immediately removed from our network.
I) Any actions taken, or omitted to be taken, by a Customer that impedes another person’s use of email services or news is prohibited and may result in immediate termination of service.
J) The use of ForImpression’s network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list is prohibited and may result in immediate termination of service. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
K) The use, transmission or hosting of material that infringes on any copyright, trademark, service mark or other intellectual property rights of any third party is strictly prohibited. This includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “warez”. Any complaint pursuant to the Digital Millenium Copyright Act (“DMCA”) that we receive will be investigated and may result in immediate termination of service.
L) ForImpression services may not be used for illegal purposes or in support of illegal activities. This includes but is not limited to child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is deemed illegal. All infractions and/or suspected infractions will be vigorously investigated and may result in immediate termination of service.
M) The use of ForImpression services or its network to transmit any material that threatens or encourages bodily harm or destruction of property, or harasses any person is prohibited and may result in immediate termination of service.
N) Use of ForImpression services to make fraudulent offers to buy or sell products, items or services, or to advance any type of financial scam, such as “pyramid schemes” and “chain letters” is prohibited and may result in immediate termination of service.
Please note that any violation(s) under this Section could lead to a simple warning, temporary suspension of service, and/or termination of Customer account(s) without warning and without refund. In the event an illegal act has been performed, local and/or federal authorities may be notified.
Customer agrees to pay for services received from ForImpression in advance of the payment period selected at the time the Order is placed. Until Customer has notified ForImpression in writing of its desire to cancel any or all services received, services will be billed automatically, and Customer will be responsible for paying for services through the date of cancellation specified in such notice.
As a Customer of ForImpression, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Invoices will be emailed to you, and payment in full is due within 7 days of the date an invoice is sent. Any invoice that is overdue will result in a 20% late fee and/or an account suspension until account balance has been paid in full.
If Customer pays an invoice more than once with multiple Paypal subscriptions, ForImpression will apply a credit towards Customer’s account. No refunds will be made. If you require assistance with this provision, please contact our Billing Team.
ForImpression reserves the right to change the periodic payment amount and any other charges at any time.
Customer is free to cancel its account at any time by notifying ForImpression in writing. Similarly, ForImpression reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement and/or the AUP. NO REFUNDS WILL BE PAID TO CUSTOMERS THAT RECEIVE SERVICE ON A MONTHLY BASIS. If Customer or ForImpression cancels Customer’s account and Customer has purchased prepaid services for a period of two or more months, ForImpression will issue a refund based on the number of full months remaining in the applicable service period following notice of cancellation, unless the cancellation is due to a violation of the AUP in which case no refund will be made. In all other cases, no refunds will be issued.
You will be allocated a monthly bandwidth 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 the start of the next allocation, suspend the account until more bandwidth 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 bandwidth in one month cannot be carried over to the next month.
Backups & Data Loss
Customer’s use of ForImpression’s 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 solely as a courtesy, and ForImpression is not responsible for files and/or data residing on your account. Customer agrees to maintain a current copy of all content hosted by ForImpression, notwithstanding any backup service provided by ForImpression.
Reseller Client Responsibility
Resellers are responsible for supporting their clients. ForImpression does not provide support to our Reseller’s clients. If a Reseller’s client contacts us for support-related matters, we reserve the right to place the Reseller’s account on hold until the Reseller can assume 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. ForImpression will hold any Reseller responsible for any of their clients’ actions that violate the law or the terms of this Agreement.
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.
ForImpression strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by ForImpression monitoring systems or ForImpression authorized/contracted outside monitoring services. If ForImpression fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be applied to each Customer’s account, upon request, in an amount determined by ForImpression, in its sole discretion. Under no circumstances will credits be issued for more than one month’s service.
Exceptions: Customer shall not receive any credits under this Agreement in connection with any failure or deficiency of the ForImpression network caused by or associated with:
A) Circumstances beyond reasonable control, including, without limitation, acts of God (including but not limited to fires, explosions, lightning, earthquakes, landslides, floods, hurricanes, tornados or other severe storms or disturbances), acts of war or war-like action (whether actual, pending or threatened), insurrections, blockades, embargoes, acts of the public enemy, sabotage or terrorism or threats of sabotage or terrorism, epidemics, riots, actions by or intervention of any governmental authority or body, strikes or other labor disturbances, interruption of, delay or failure of transportation, electrical or telecommunications service, including internet service, hardware failures and software bugs/flaws, or interruption of, delay or failure of suppliers, subcontractors and carriers to substantially meet their performance obligations to ForImpression, or any other cause, whether of the kind enumerated or otherwise, that is not within the reasonable control of ForImpression;
B) Backbone peering point issues (i.e. UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast);
C) Scheduled maintenance for hardware/software upgrades;
D) DNS issues not within the direct control of ForImpression;
E) Network floods, hacks, or other attacks from individuals or organizations affecting ForImpression’s network or services;
F) Failure or error of any ForImpression monitoring or measurement system; or
G) Acts or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of ForImpression service(s) in breach of ForImpression this Agreement, including the AUP.
Right To Refuse Service
ForImpression may, in its sole discretion, refuse to provide services to any individual or entity or any website for participation in the ForImpression network.
Customer shall, and hereby agrees to, defend, indemnify, save and hold ForImpression, its owners, officers and employees, and their respective agents harmless from and against any and all claims, demands, judgments, fines, settlements, actions, causes of action, suits, proceedings, costs, liabilities, and expenses of any kind or nature whatsoever, including without limitation, interest, penalties and reasonable attorney’s fees and expenses, as and when incurred, arising from, or based on: (1) any service provided or performed, or agreed to be provided or performed, by Customer, its owners, officers, employees, agents, or any of their respective assigns, (2) any injury to person or property caused, in whole or in part, by any products manufactured, sold or otherwise distributed by Customer, its owners, officers, employees, agents, or any of their respective assigns, (3) any infringement or alleged infringement of any US patent right, copyright, trade secret or other proprietary right asserted by, or on behalf of, a third party relating to designs, graphics, logos, trademarks, or any information or other material supplied by Customer for inclusion on the website hosted by ForImpression, (4) any defective products sold or distributed by Customer from ForImpression’s server or network, and/or (5) breach of this Agreement by Customer, its owners, officers, employees, agents, or any of their respective assigns.
By using ForImpression services, Customer agrees to have any controversy or claim arising out of, or related to, this Agreement, or breach thereof, settled by binding arbitration in Montgomery County, Maryland, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. ForImpression will have the right to select the arbitrator, and arbitration may proceed even in the absence of one party provided written notice of the proceedings was given by certified mail. All decisions rendered by the arbitrator will be binding and final, and enforceable in any court having jurisdiction. Each of the parties agrees to submit to the federal and state courts located in the State of Maryland, and waives any objection to venue. Customer is responsible for any and all costs related to such arbitration.
Disclosure To Law Enforcement
ForImpression may disclose any Customer information to law enforcement agencies without further consent or notification upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Under no circumstances will ForImpression be responsible for any damages your business may suffer based on, or arising out of, the services provided by ForImpression, whether direct or indirect, including, but not limited to, lost data or content, lost profits, business or service interruption, or any indirect, incidental, special, consequential, exemplary or punitive damages.
ForImpression makes no warranties of any kind, expressed or implied for services we provide. ForImpression disclaims any warranty or merchantability or fitness for a particular purpose.
All content on this website is Copyright © ForImpression and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of ForImpression.
Changes To The TOS
ForImpression reserves the right to revise its TOS at any time without notice to Customer, and such revisions will be binding on Customer if ForImpression provides service to Customer on and after the date of such revisions.