First Global Server


				Service Agreement and Policy. The following is the "Terms of Use" and "Service Agreement" for use of our webhosting services at First Global Server. Please read them carefully. First Global Server does not tolerate use of its services for unlawful purposes such as mail spamming, storage or distribution of unlawful software and music material and any sort of activity which is deemed unacceptable and against the generally accepted norms on the internet. Sexually oriented content and distribution of MP3's are prohibited on our machines and any site found to violate these policies will be immediately terminated without a refund. External links to rm, ram, gif, jpg, any graphics or audio content is strictly prohibited and all webpage contents must be linked within your webpages (First Global Server sites cannot be used as a bin/storage area for contents on external websites). Illegal distribution of unlicensed software is prohibited and any account distributing software/files will be charged according to the bandwidth useage.


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				If you have any further questions as to what our general policies are or if you are not clear as to whether your planned site falls within a certain policy, please send us an email to sales@1stglobalserver.com. If you are registering a domain name with us please also review the Policies for Domain Name Registration in the Domain Name Registration Section.

Terms of Use and Service Agreement:

All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law or Canadian Federal, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us and our affiliates harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

In addition any site selling or promoting Bulk Email Services is not allowed

Examples of non-acceptable content or links:

Pirated software
Hacker programs or archives
Warez Sites
IRC Bots, Screens, or Shell Scripts
Use of IRC via the Shell Accounts
MP3

We will be the sole arbiter as to what constitutes a violation of this provision.

Traffic Guidelines

Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 1 gigs of free traffic and will be charged additional fee based on bandwidth useage:

Sub hosting - any domain housing additional users
Shareware, sound, video, image and multimedia archives
Mirror sites
Distribution points
Any site whose primary purpose is file distribution

CGI Scripts

Some accounts come with their own cgi-bin. You are free to use any CGI scripts you wish, however, we reserve the right to disable any CGI script that affects normal server operation.

Chat Rooms

We do not allow clients to install their own chat rooms. These tend to be large system hogs and we cannot allow it as an account option. We do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. You are limited to one chat room on your domain.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email:

Our servers 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. Advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $250 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.

As such, any violation will result in immediate deactivation of services without refund.

Server Abuse:

Any attempts to undermine or cause harm to a server is strictly prohibited.

Account Backup, Recovery and Security:

First Global Server is not responsible and cannot be held liable for loss of data/content on any of its servers. It is the sole responsibility of the account holder to provide own backups. Backup tools have been provided in the Control Panel. First Global Server will provide backup for website content and emails at its discretion. Any data recovery which has not been caused by First Global Server will incur a fee based on the $45 hourly fee, if requested by the customer. Individual account security is responsibility of the customer and First Global Server will hold customers responsible for any compromised account which affects the normal operation of the server. All lost passwords will be sent to the email address which customer signed up from.

Refusal of Service:

We reserve the right to refuse or cancel service at our sole discretion to any individual/group/website for any reason at anytime.

Failure to comply with the policies of First Global Server will result in immediate termination of services. No refunds will be issued under these circumstances.

Refund Policy:

Setup fees are completely non-refundable due to the upfront work in setting up accounts. Unused portions of the monthly hosting fees are refunded at the sole discretion of First Global Server.

Account Payment:

Payments for all accounts are due at the beginning of the term, whether paid annually, semi-annually or quarterly. All surcharges or modified options for the previous terms are due with the next payment period unless they are over $25 in which case are due immediately. Any account overdue for more than 30 days will be immediately closed and action will be taken to recover the losses and costs associated with the recovery of the losses. We reserve the right to cancel, seize ownership or take possession of any Domain Name registered through our services if your account payment has been passed due for more than 60 days. In such a case we reserve the right to cancel, sell or transfer ownership of your Domain Name to fully recover our losses plus an administrative fee. An administrative fee of up to and no more than $5000 plus all legal and auction fees shall be applied to all Domain Names overdue for more than 60 days, at our discretion. You agree to keep your account fully paid and in good standing at all times.

Account Cancellation:

Account cancellation requests must be received no later than 48 hours prior to the end of the Service Period (3 months, 6 months or annually). Cancellation requests sent in later than this deadline or during a Service Period will incur the fees for the entire Service Period. All cancellation requests must be made in writing using the form posted in the Contact Section of this website and faxed to our office. Email cancellations are not acceptable and a signed form MUST be faxed.