Fulgor Hosting seeks to provide you with top quality technology and service thus allowing you the opportunity to administer your own (virtual) server on the Internet in the most efficient and effective way possible. We continually upgrade our servers, network, and support to help you achieve your goals in hosting.
Fulgor Hosting reserves the right to refuse service to anyone at any time. However, if Fulgor Hosting should deem it necessary to initiate termination of services with you, Fulgor Hosting specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on Fulgor Hosting's servers. In no event shall Fulgor Hosting be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.
1 Content restriction
The content of your site will remain on your (virtual) server and is not available to any other entity. You have the right to retain on your (virtual) server: any and all files that you seek to hold that do not violate the following rules. Customers are prohibited from transmitting on or through any of Fulgor Hosting's services, any material that is, in Fulgor Hosting's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treatise. Additionally, customer is not allowed to have adult related material on his/her (virtual) server.
Customer may not use our network to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for customer, logging into a server or account customer is not expressly authorized to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network. Any violation of the network guidelines set forth will result in deactivation of your (virtual) server for resolution.
3 Server Resources
Running programs in the background on a (virtual) server without Fulgor Hosting's prior authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Fulgor Hosting's servers. Further, any usage of twenty percent (20%) or more of our system resources (this is includes, but is not limited to cpu time, memory usage and network traffic) is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem.
Our (virtual) servers were designed to give you the maximum freedom of administration and access to the Internet. Our Network usage is open to all Fulgor Hosting users. Your server is welcome on our network as long as your site does not create a problem for the network or the server on which it is located. High Network traffic or throughput is not a problem at Fulgor Hosting, but extreme network traffic or extreme uploading and downloading can create problems. Your maximum throughput allowed by your server is an estimate of your usage. You are allowed to exceed your maximum usage without being shut off. You will be billed for the additional throughput on your next billing cycle.
Customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their (virtual) server. Use of Fulgor Hosting.s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by customer. Customer agrees that he or she has the necessary knowledge to create and mainten their server. Customer agrees that it is not the responsibility of Fulgor Hosting to provide this knowledge or support outside matter specific to Fulgor Hosting.s servers.
6 IP Adresses
Fulgor Hosting may assign and allow the use of IP addresses to customer for the length of the contract. These IP addresses are the sole property of Fulgor Hosting or its network provider, are non-portable, and will be retained after service has ceased. Fulgor Hosting does reserve the right to change customer IP address designation at any time. The use of an IP Address outside of your assignment by Fulgor Hosting will result in a administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your (virtual) server will be taken offline until the problem is resolved. Administrative fees will be billed to your account on your next billing cycle.
7 Service interruption
Fulgor Hosting shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. Fulgor Hosting agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will Fulgor Hosting be held liable for any financial or other damages due to such interruptions. In no event shall Fulgor Hosting be liable to customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.
8 Mass Mailings
Fulgor Hosting has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the Fulgor Hosting servers and/or network. Violation of the above terms will result in one or all of the following: A warning from Fulgor Hosting personnel. Removal of DNS for the advertised/originating site. Temporary shutdown of the website/server or a block on outgoing mail. Permanent disconnection of service.
Fulgor Hosting specifically reserves the right to suspend network service to your (virtual) server at our discretion. Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents. Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.
All the conditions in this document will be complied to Dutch law.