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Fisch Internet Solutions
FischSolutions.com
845.590.1630      info@FischSolutions.com

Fisch Internet Solutions mission is to provide fast, reliable, professional, and friendly internet based solutions for individuals, and small businesses/ organizations. One way is to make clear our understandings with each other. The following are the terms of our agreement together:

1. Authorization. You, the client, are engaging Fisch Internet Solutions, herein referred to as FIS, to host your website and/or provide a registration of your domain name. In doing so, you agree to abide to this Terms of Service Agreement.
   
   
2. Account Setup / Email On File. We will setup your account after we have received payment and the payment has been confirmed by our bank as valid with sufficient funds. It is your responsibility to provide us with an e-mail address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary e-mail address on file will be used for this purpose. It is your responsibility to ensure the e-mail address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
   
   
3. Content. All services provided by FIS may only be used for lawful purposes. The laws of the State of New York, the State of Texas, and the United States of America apply.
   
   
   1. Copyright Infringement. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact Customer Service with the domain in question, the possible abuse of service, your name, and a contact phone number/ e-mail address.
      
      
   2. Unacceptable Material. Examples of unacceptable material includes:

      IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.

      We reserve the right to refuse service to anyone. Any material that in our judgment that is obscene or threatening is prohibited and will be removed from our servers with or without notice.

      Failure to respond to e-mail from our customer service department within 48 hours may result in the suspension or termination of your services.

      If in doubt regarding the acceptability of your site or service, please Contact Us and we will be happy to assist you.

   3. Child Pornography. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

      Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

      Your services will be terminated with or without notice.

      Violations will be reported to the appropriate law enforcement agency.

      It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

4. Zero Tolerance Spam Policy. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

   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.

   FIS 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.

   FIS 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 FIS.

5. Payment Information. You agree to supply appropriate payment for the services received from FIS, in advance of the time period during which such services are provided. You agree that until and unless you notify FIS of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided.

   FIS reserves the right to change the monthly and/or yearly payment amount and any other charges at anytime. In addition, since payment is via check, money order, or purchase order; no services will be initiated until the payment has been confirmed by our bank as valid with sufficient funds. These services include, and are not limited to, domain name registration, hosting account setup and hosting, and additional hosting/ domain services.

6. Backups and Data Loss. Your use of the service is at your sole risk. FIS 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 backup of files and data stored on FIS servers.
   
   
7. E-Mail Drops and SPAM Filters. As stated in "6. Backups and Data Loss", your use of the service is at your sole risk. FIS is not responsible for files and/or data residing on your account. This also extends to e-mails, in that FIS is not responsible for any dropped and/or lost e-mails in the event that they are stored on our servers or even discarded via our SPAM filters. Our SPAM filters are for the benefit of the client. Fisch Internet Solutions is in no way responsible for any e-mails that are false positives and are discarded. The client has the right at any time to request that the SPAM filter on their account to be disabled by Contacting Us.
   
   
8. Cancellations and Refunds. FIS reserves the right to cancel the account at any time with or without notice.

   Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

   Customers may cancel at any time by contacting Customer Support with their intend to cancel services. There are no refunds on domain name registration, website hosting services, administrative fees, and install fees for custom software.

9. Resource Usage. User may not:
   
   
   1. 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.
      
      
   2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
      
      
   3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      
      
   4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      
      
   5. Run any bit torrent application, tracker, or client.
      
      
   6. Participate in any file-sharing/peer-to-peer activities.
      
      
   7. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
      
      
   8. Run cron entries with intervals of less than 15 minutes. 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").
      
      
   9. Run more than 50,000 INodes. The use of more than 50,000 INodes may result in the suspension of an account. For the most part any file or directory on the server shall be considered an INode. These accounts will not be backed up, so make sure that you as always keep a good backup of your website.
      
      
10. Bandwidth Usage. You are 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 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.
    
    
11. Service Oriented. Service oriented hosting means that unlike other hosting companies, Fisch Internet Solutions does not have hundreds of employees and treat it's clients like a number. Instead as a small business it often has a close relationship with all of it's clients and because of this relationship it is able to work closely with them. This often allows for a client to be able to call FIS and to have FIS perform emergency updates when the client is not near a computer or help them one on one with an issue. Fisch Internet Solutions has the right to determine if this service is being overused and reserves the right at any time to stop providing free hosting account maintenance. The only responsibility FIS has is to provide a client in good standing access to their defined hosting account, anything else shall be considered a courtesy.
    
    
12. 99.9% Uptime Guarantee. If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the refund is at the discretion of FIS dependant upon justification provided. Third party monitoring service (such as: Host-Tracker, Alerta, and Uptime Monitor, ect) reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. In addition FIS will not honor any claim that is out of our hands. These circumstances include, but are not limited to the following: acts of government, war, sabotage, embargo, major virus attacks, necessary/ emergency network maintenance, access issues elsewhere in the Internet, misconduct/ negligence on the part of the customer, ect. To request a refund, please contact Customer Support with justification. All requests must be made in writing via email.
    
    
13. Reselling. You MAY NOT resell space or bandwidth of your account. It may only be used for your account and what you intended on using it for, which CAN NOT include reselling the service.
    
    
14. Price & Service Change. The amount you pay for hosting may increase over time. FIS will make all possible attempts to notify the client when possible of a price increase. We reserve the right to change prices listed on FischSolutions.com, and the right to increase and/or decrease the amount of resources given to plans at any time. In addition we reserve the right to change any service and/or discontinue any service included in a hosting plan. We will make all attempts possible, including listing most changes in our Service Change Bulletin Page, however make no guarantees of notifications.
    
    
15. Indemnification. Customer agrees that it shall defend, indemnify, save and hold FIS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FIS, its agents, its customers, owner 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, owner, employees or assigns. Customer agrees to defend, indemnify and hold harmless FIS against liabilities arising out of;
    
    
    1. Any injury to person or property caused by any products sold or otherwise distributed in connection with FIS.
       
       
    2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
       
       
    3. Copyright Infringement.
       
       
    4. Any defective products sold to customers from FIS server.
       
       
16. Disclaimer. FIS shall not be responsible for any damages your business may suffer. FIS makes no warranties of any kind, expressed or implied for services we provide. FIS 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 FIS and its employees and owner.
    
    
17. Disclosure to Law Enforcement. FIS 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.
    
    
18. Changes to the TOS. FIS reserves the right to revise its policies at any time with or without notice. This policy was last changed on 12/21/2007.