Hosting Terms of Service
The use of services from future-ink, a California Corporation [hereafter referred to as "future-ink"] constitutes agreement to these terms. You may view our Privacy Policy here.
1.) Account Setup
future-ink 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.
2.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, and pornography.
3.) Zero Tolerance Spam Policy
future-ink takes a zero tolerance stance against sending of unsolicited e-mail, bulk E-mailing, and spam. "Safe lists" and "double opt in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve 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 left entirely at our sole discretion.
4.) Payment Information
You agree to supply appropriate payment for the services received from future-ink, in advance of the time period during which such services are provided. You agree that until and unless you notify future-ink of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. Cancellations must be done in writing. future-ink reserves the right to change the hosting payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of future-ink’s service is at your sole risk. Our backup service is provided to you as a courtesy. future-ink 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 future-ink servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by future-ink.
6.) Cancellation and Refunds
future-ink reserves the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
7.) Uptime Guarantee
If your 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 credit is at the discretion of future-ink dependant upon justification provided. Third party monitoring service 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 and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact info@future-ink.com with justification. All requests must be made in writing via email.
8.) Resource Usage
Users may not initiate the following: a) 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.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
8.) 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 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 transfer in one month cannot be carried over to the next month.
9.) Price Change
We reserve the right to increase our hosting rates with 30 days notification to you. We also reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
10.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold future-ink harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against future-ink, its agents, its customers, officers 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, employees or assigns. Customer agrees to defend, indemnify and hold harmless future-ink against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with future-ink; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from future-ink's server.
11.) Arbitration By using any future-ink services, you agree to submit to binding arbitration. If any disputes or claims arise against future-ink or its subsidiaries, such disputes will be handled by an arbitrator of future-ink's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
12.) Disclaimer
future-ink shall not be responsible for any damages your business may suffer. future-ink makes no warranties of any kind, expressed or implied for services we provide. future-ink 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 future-ink and its employees.
13.) Changes to the TOS
future-ink reserves the right to revise its policies at any time without notice
