Content
All services provided by First Productions, Inc. 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 is
prohibited. This includes, but is not limited to: copyrighted
material, material that is threatening or obscene, material
that is "adult only" content, or material protected
by trade secrets and other statue. The subscriber agrees to
indemnify and hold harmless First Productions, Inc. 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 any server. This
includes sexual content, or direct links 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. First Productions, Inc. will
be the sole arbiter as to what constitutes a violation of
this provision.
Examples of non-acceptable content or
links
- Pirated software
- Hackers programs or archives
- Warez Sites
- Porn
- Spamming Software
First Productions, Inc. will be the
sole arbiter as to what constitutes a violation of this
provision.
Traffic Guidelines
All accounts are provided with 5 gigs of free traffic/bandwidth per month.
Sites that go over the allowed free
traffic will be charged $15 per gig or $65 per 5 gigs. Sites must pre-pay this
fee, and site is subject to suspension if bandwidth is unpaid
for.
Chat Rooms
We do not allow clients to install their own chat rooms.
These tend to be a large drain on system resources and we
cannot allow it as an account option.
Background Running Programs
As a general rule we do not allow 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 our clients to link to or use IRC or IRC
bots such as eggdrop, and BitchX on our servers.
CGI Scripts
Each account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional legal, non harmful ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by First Productions, Inc. is not allowed. Abuse of the system via ANY script/program/code will result in a $100 fine, and/or termination of service.
Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) can be suspended without notice, and then may be given an option of either upgrading their service level or reducing the resource used to an acceptable level. Abuse of the system will result in a $100 fine, and/or termination of service.
Distribution and/or Transmission of
Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in
criminal penalties.
Intellectual Property Rights
Material accessible to you through First Productions, Inc.'s
Services may be subject to protection under the United States
or other copyright laws, or laws protecting trademarks, trade
secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use the
First Productions, Inc. Service in a manner that would
infringe, violate, dilute or misappropriate any such rights,
with respect to any material, which you access or receive
through the First Productions, Inc. Network. If you use a
domain name in connection with the First Productions, Inc.
Service or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar
rights of any third party.
Network Security
Customers may not use the First Productions, Inc. Network
with an attempt to circumvent user authentication or security
of any host, network, or account. This includes, but is not
limited to, accessing data not intended for the customer,
logging into a server or account the customer is not
expressly authorized to access, password cracking, probing
the security of other networks in search of weakness, or
violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any
user, host, or network. This includes, but is not limited to,
flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network. First Productions, Inc.
will cooperate fully with investigations of violations of
systems or network security at other sites, including
cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who
violate system or network security may incur criminal or
civil liability.
Defamation
Defamatory speech distributed over the Internet can result in
civil liability for the defamer.
Refusal of Service
First Productions, Inc. reserves the right at its sole
discretion to refuse or cancel service. Violation of any of
First Productions, Inc.'s Rules and Regulations could result
in a warning, suspension, or possible account termination.
Should First Productions Inc. cancel service, refunds will be
prorated for the charges that the customer incurred for the
customer's current year of hosting services. Should the
customer cancel hosting service, the charges incurred for the
current year of hosting services will be prorated and
refunded, however setup fees are not refundable. Accounts
terminated due to policy violations will not be refunded. In
any case, InterNIC fees are not refundable.
Spam Or Unsolicited E-Mail
You must not use the First Productions, Inc. Network,
First Productions, Inc. equipment or any First Productions,
Inc. email address in connection with the transmission of
spam, flames, mail bombs, or substantially similar,
unsolicited email messages. Your domain may not be referenced
as originator, intermediary, or reply-to address in any of
the above. This prohibition extends to the sending of
unsolicited mass mailings from another service that in any
way implicates the use of the First Productions, Inc.
Network, First Productions, Inc. equipment or any First
Productions, Inc. email address. 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. For purposes of this provision,
merely making one's email address accessible to the public
will not constitute a request or invitation to receive
messages.
If you are found to have spammed,
without warning, First Productions, Inc. reserves the right
to disable your domain. In addition, First Productions, Inc.
may impose a $100 penalty for each spam policy violation.
First Productions, Inc. solely reserves the right to refuse
or cancel service to known spammers. Lastly, First
Productions, Inc. reserves the right to determine what
violates this policy. As such, any violation may result in
cancellation of services without refund.
As such, any violation will result in
immediate deactivation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, swear
at, or cause harm to a First Productions, Inc. server,
customer, employee, or the company directly is strictly
prohibited and is grounds for immediate termination without
refund. In addition, we will pursue all attempts to the
fullest extent of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save and
hold First Productions, Inc. harmless from any and all
demands, liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against First
Productions, Inc., 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, it's agents, employees or assigns. Customer agrees
to defend, indemnify and hold harmless First Productions,
Inc. against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise
distributed in connection with First Productions, Inc.
server; (2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third
party and (3) copyright infringement. Customer agrees to
limit the liability of First Productions, Inc. to the amount
paid for the current year of service.
Disclaimer
First Productions, Inc. will not be responsible for any
damages your business may suffer. First Productions, Inc.
makes no warranties of any kind, expressed or implied for
services we provide. First Productions, Inc. disclaims any
warranty or merchantability or fitness for a particular
purpose. This includes, but is not limited to, loss of data
resulting from delays, non-deliveries, wrong delivery,
cancellations of service, and any and all service
interruptions caused by First Productions, Inc., its
employees, or its web hosting provider. First Productions,
Inc. reserves the right to amend or update these policies
without notice. Failure to follow any terms and conditions
may result in account deactivation.
First Productions, Inc. furthermore
expects that its customers who provide Internet services to
others will fully comply with all applicable laws concerning
the privacy of online communications. A customer's failure to
comply with those laws will violate this policy. Finally,
First Productions, Inc. wishes to emphasize that in accepting
services, customers indemnify First Productions, Inc. for the
violation of any law or First Productions, Inc. policy, that
results in loss to First Productions, Inc. or the bringing of
any claim against First Productions, Inc.. This means that if
First Productions, Inc. is sued because of activities of the
customer that violate any law, or this policy, the customer
will pay any damages awarded against First Productions, Inc.,
plus costs and reasonable attorneys' fees.
If any terms or conditions are failed
to be followed it will result in grounds for immediate
account deactivation.
First Productions, Inc. reserves the
right to change, edit, or update the policies contained in
this document at any time for any reason without notice.
