Terms and Conditions
Acceptable Use Policy (AUP)
This Fine Edge Consulting, Ltd Acceptable Use Policy (“AUP”) describes the proper kinds of conduct and prohibited uses of Fine Edge Consulting, Ltd hosting services (the “Services”). This AUP is not exhaustive and Fine Edge Consulting, Ltd reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at Fine Edge Consulting, Ltd. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Fine Edge Consulting, Ltd deems appropriate.
a. Any attempt to undermine or cause harm to a server, or client, of Fine Edge Consulting, Ltd is strictly prohibited.
Unauthorized use of other people’s accounts or computers. Fine Edge Consulting, Ltd will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Fine Edge Consulting, Ltd client, whether or not the attacked account or computer belongs to Fine Edge Consulting, Ltd, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – Fine Edge Consulting, Ltd has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.
Clients may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Fine Edge Consulting, Ltd to be unacceptable use of Fine Edge Consulting, Ltd’s services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material that exploits children under 18 years of age. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Fine Edge Consulting, Ltd reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Fine Edge Consulting, Ltd if Fine Edge Consulting, Ltd institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, space etc.)
All of Fine Edge Consulting, Ltd’s web hosting plans are backed by a 10 day money back guarantee. If you are not completely satisfied with our services or support within the first 10 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. For web hosting contracts, the full contract amount less any setup fees and overages will be refunded if Fine Edge Consulting, Ltd is notified within the first 10 days following activation. No refund is available after the 10th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done in writing. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by PayPal within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. You must delete all files from the domain in question and transfer the domain name. Your letter of intent to cancel must be received at: Fine Edge Consulting, Ltd Cancellations, 148 Flower LN #3 Dracut, MA 01826. Cancellations are processed from the receipt of the letter of intent.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Fine Edge Consulting, Ltd is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Fine Edge Consulting, Ltd will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Fine Edge Consulting, Ltd under this Agreement.
Intellectual Property Rights
Material accessible to you through Fine Edge Consulting, Ltd 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 Fine Edge Consulting, Ltd or its servers and network 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 Fine Edge Consulting, Ltd network. If you use a domain name in connection with Fine Edge Consulting, Ltd or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any client orders, and for handling any client inquiries or complaints arising there from.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Fine Edge Consulting, Ltd system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Fine Edge Consulting, Ltd THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER INTERNATIONAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Fine Edge Consulting, Ltd,
1370 66th Street
Brooklyn, NY 11219
Under Title 17, United States Code and Section 512(c) (3) (A), the Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Fine Edge Consulting, Ltd reserves the right to refuse service to anyone. Clients may only use Fine Edge Consulting, Ltd server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Fine Edge Consulting, Ltd management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL Fine Edge Consulting, Ltd MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Fine Edge Consulting, Ltd HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST Fine Edge Consulting, Ltd, ITS AGENTS, ITS CLIENTS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CLIENTS, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Fine Edge Consulting, Ltd AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Fine Edge Consulting, Ltd SERVER; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO client FROM Fine Edge Consulting, Ltd SERVER.
Fine Edge Consulting, Ltd WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Fine Edge Consulting, Ltd MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Fine Edge Consulting, Ltd DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Fine Edge Consulting, Ltd AND ITS EMPLOYEES. Fine Edge Consulting, Ltd RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Fine Edge Consulting, Ltd MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.