Legal Policies

Terms of Service (TOS)
Acceptable Use Policy (AUP)
Service Level Agreement (SLA)

FeBox LLC Customer Agreement

By submitting an online order form, or by using FeBox LLC's service, Customer hereby agrees to FeBox LLC's Terms of Service (TOS), Acceptable Use Policy (AUP), and Service Level Agreement (SLA). In this TOS, AUP, and SLA , the usage of “us”, “we”, “our”, “ours” shall refer to FeBox LLC, and the usage of “you”, “your”, “they”, “them” shall refer to the Customer of FeBox LLC or the clients of the Customer of FeBox LLC.

Customer agrees that it shall comply with, and require its clients to comply with, this TOS, FeBox LLC's Acceptable Use Policy (AUP), and FeBox LLC's Service Level Agreement (SLA). In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, and the SLA collectively.

 

Terms of Service (TOS)

 

1. General Terms.

In consideration of hosting services to be delivered, Customer agrees to be bound to the following terms:

1.1. Customer agrees to pay for hosting services rendered in advance of each monthly service term.

1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.

1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.

1.4. Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery.

1.5. Co-location charges will be incurred immediately at signup and are prorated by 5 days to allow for server shipping and installation.

1.6. Non-Payment of services shall result in an immediate disconnection. Customers failing to secure payment will incur service interruption and $250.00 reconnection fee.

1.7. FeBox LLC is not responsible for data integrity on equipment reclaimed for non-payment.

1.8.  New Jersey residents agree to pay all taxes applicable to your account.

2. Agreement for Services.

2.1. FeBox LLC will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the contract, AUP, SLA , and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

2.2. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds the allotted amount specified in Customer's contract, Customer will pay FeBox LLC any additional fees as specified in the Service Description.

3. Payment.

3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to FeBox LLC. Subsequent payments are due on the anniversary date of the month for that month's service, unless Customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

3.2. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $250.00 reconnect charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by FeBox LLC will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to FeBox LLC a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.

4. Delinquent Accounts.

FeBox LLC may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees.

5. Delinquent Reseller Accounts.

Should your reseller account become delinquent, and payment not be made to FeBox LLC, resulting in a suspension of service, you will have 48 hours to make restitution for the delinquent balance. If your account remains unpaid after 48 hours of suspension and you do not contact the FeBox LLC billing department to resolve the issue, your client will be able to purchase the server directly, and assume financial responsibility from that point forward. Your client must pay the entire balance due before FeBox LLC will lift the service suspension. You shall not hold FeBox LLC responsible for any consequences of your failure to appropriately pay your invoices in a timely manner as set forth in your original contracts.

6. Account Cancellation.

All requests for canceling any service / services must be made in writing with at least thirty (30) days notice but not more than sixty (60) days prior written notice and faxed to 1-908-517-5209. The cancellation request can only take place upon the renewal of your term as set forth in your original contracts. Any early cancellation or termination of your contract will result in a penalty cost of 90% of your remaining contracted term.

The fax notice must contain a list of all of the main IP addresses for all of the customer's servers and must be signed by the Customer. FeBox LLC will verify by telephone the information the Customer provides in the fax notice.

A confirmation receipt of cancellation will be sent within 24 hours of our FeBox LLC's normal cancellation department hours of 9:00 a.m. to 5:00 p.m. EST, Monday – Friday.

7. Refunds and Disputes.

IMPORTANT NOTICE: ALL PAYMENTS TO FEBOX LLC ARE NONREFUNDABLE.

All payments to FeBox LLC are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in FeBox LLC's sole discretion which are invalid, under the terms and conditions of our SLA , AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

8. Customer agrees not to engage in activity that violates federal, state, or local laws applicable to the service terms described in this Agreement.

9. FeBox LLC reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

9.1. the Acceptable Use Policy,

9.2. the Service Level Agreement.

10. Customer agrees to defend, indemnify, and hold harmless FeBox LLC and the employees and agents of FeBox LLC against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and to reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

11. FEBOX LLC SHALL NOT BE LIABLE FOR

11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF FeBox LLC'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

12. FEBOX LLC PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FeBox LLC DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND FeBox LLC SHALL HAVE NO LIABILITY THEREFORE.

13. FEBOX LLC DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

14. FEBOX LLC DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED.

15. No Waiver of Rights by FeBox LLC.

Any failure by FeBox LLC to enforce this Agreement in every instance in which it might have application does not amount to a waiver of any of FeBox LLC's rights.

16. Arbitration.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

17. Notices.

17.1. From FeBox LLC to Customer.

FeBox LLC will notify you by e-mail of any notices that FeBox LLC is required to provide to you under this Agreement, at the most current e-mail address you have provided to FeBox LLC. You are solely responsible for ensuring that FeBox LLC has your most current e-mail address, and FeBox LLC shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that FeBox LLC sends to the most current e-mail address you have provided to FeBox LLC.

17.2. From Customer to FeBox LLC.

Unless otherwise specified in this Agreement, notices to FeBox LLC shall be sent to the following address:

FeBox LLC
Attention: Legal Notices
P.O. Box 605
Oakhurst NJ 07755

17.3. Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey , without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

19. Residency.

You represent and warrant that you are a citizen or a lawful resident of the United States of America or of Canada .

20. Entire Agreement.

This Agreement comprises the entire agreement between you (the Customer) and FeBox LLC, and supersedes any prior or previous agreements between you and FeBox LLC with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which FeBox LLC notifies you from time to time, pursuant to this Agreement.

21. No Oral Modification of this Agreement.

This Agreement may not be modified orally.

22. Assignment.

FeBox LLC shall have the right to assign or transfer any or all of its rights and obligations under this Agreement without the consent of the Customer. Customer may not assign or transfer any of its obligations under this Agreement without the prior written consent of FeBox LLC.

23. Consent to Jurisdiction; Venue.

Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by FeBox LLC.

24. Choice of Law.

For all purposes, this Agreement shall be deemed to have been made within the State of New Jersey . This Agreement shall be governed by the laws of the United States of America and the laws of the State of New Jersey, without regard to New Jersey's choice of law and conflicts of law rules, and FeBox LLC and Customer each submit to the exclusive jurisdiction of the courts of Monmouth County, New Jersey, or to the United States District for the District of New Jersey, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.

25. Force Majeure.

FeBox LLC shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of FeBox LLC.

26. Severability of Terms of this Agreement.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

27. Limitation of Actions Arising Under this Agreement.

Any cause of action you may have with respect to FeBox LLC's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

 

FeBox LLC Acceptable Use Policy (AUP)

By submitting an online order form, or by using FeBox LLC's service, Customer hereby agrees to the following Acceptable Use Policy (AUP). Customer agrees that it shall comply with, and require its clients to comply with, this AUP, FeBox LLC's Terms of Service (TOS), and FeBox LLC's Service Level Agreement (SLA). In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, and the SLA collectively.

1. Introduction, Purpose, and General Terms.

1.1. This Web site provides you the ability to learn about FeBox LLC and its products and services as well as the ability to access our network and services (“FeBox LLC Services”). By using this site, and any other site owned and operated by FeBox LLC, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in this statement shall mean the FeBox LLC Customer of record and FeBox LLC Customer's end users.

1.2. This Acceptable Use Policy is used in conjunction with the terms of service (TOS) and the Service Level Agreement (SLA). Violating any of these policies and agreements grants FeBox LLC the authority to take action to restrict or terminate your access to FeBox LLC Services. FeBox LLC reserves the right, at its sole discretion, to update or revise this policy, any other policy or statement on any FeBox LLC Web site, and any product offerings or programs described on any FeBox LLC Web site. Please check back periodically to review any changes to this policy.

1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of FeBox LLC (“Company”) governing the use by the Customer (“Customer”) of the Company's services and products (“Services and Products”). The purpose of FeBox LLC's Acceptable Use Policy (the AUP”) is to comply with all federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by FeBox LLC. FeBox LLC reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.FeBox.com/?fb=legal.

In order to maintain an informative and valuable service that meets the needs of the users of this site and FeBox LLC's Services, the rules in this AUP have been established to protect against abuse.

1.4. The AUP is not an all-inclusive, exhaustive list and FeBox LLC reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to http://www.FeBox.com/?fb=legal or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.

1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as FeBox LLC deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.

1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM FEBOX LLC.

1.7. Any questions or comments regarding the AUP should be directed to FeBox LLC by e-mail to one of the following e-mail addresses:

abuse@FeBox.com , for issues concerning abuse of the AUP, or

legal@FeBox.com , for all other question or comments regarding the AUP,

or by calling 1-888-867-7994, press number 1.

2. General Prohibitions.

Use of this site or FeBox LLC's Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the FeBox LLC Network or FeBox LLC's Services, or any other party's use or enjoyment of this site, the FeBox LLC Network or FeBox LLC's Services, is strictly prohibited.

3. Compliance with Law.

Customer shall not use FeBox LLC's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including text, communications, software, images, sounds, data, or other information that, in FeBox LLC's sole discretion:

3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal or non-United States law, ordinance, or regulation,

3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortious, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”), or

3.4. threatens or encourages bodily harm or destruction of property,

3.5. harms any person,

3.6. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, age, disability, or any other reason,

3.7. is posted in violation of a newsgroup charter,

3.8. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,

3.9. violates any terms or conditions of any other network access provider or Internet service provider,

3.10. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,

3.11. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,

3.12. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent. or

3.13. has a negative effect on FeBox LLC or its network (including, without limitation, overloading servers on the FeBox LLC Network; causing portions of the FeBox LLC Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of FeBox LLC, impose an unreasonable administrative burden on FeBox LLC; etc).

4. Customer Security Obligations.

4.1. Customer shall use reasonable care in keeping each server and network device attached to the FeBox LLC infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect your server may result in a security compromise by outside sources.

4.2. FeBox LLC shall not be liable for Customer server level security.

A compromised server creating network interference will result in immediate Customer notification and the culprit server will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. Such costs will include hardware, software, and network communications equipment, all applicable taxes thereon, and labor. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $295.00 per hour.

 

5. System and Network Security.

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. FeBox LLC investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, agent, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Examples of system or network security violations include, without limitation, the following:

5.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).

5.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 5.1 of this Agreement.

5.3. Introduction into the network or server of any data files for a software application that contain destructive macros or other malicious code.

5.4. Introduction into the network or server of any compressed file or archive such as .zip or .gz files that contains any malicious program as specified in Section 5.1 of this Agreement.

5.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.

5.6. Executing any form of network activity that will intercept data not intended for the Customer's server.

5.7. Circumventing user authentication or security of any host, network or account.

5.8. Interfering with or denying service to any user other than users of the Customer's host (examples: denial of service attack or distributed denial of service attack).

5.9. Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.

5.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any FeBox LLC Services or those of any other party.

5.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

5.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

5.13. Falsifying address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity.

5.14. Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $295.00 per hour. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

5.15. Allowing a server to create a security risk to the FeBox LLC network. Should any box become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc., FeBox LLC will attempt to contact the server owner, giving 24 hours notice, after which time, we will attempt to gain entry to the server with passwords on file. Should the passwords not be accessible to FeBox LLC staff, FeBox LLC reserves the right to attempt to gain entry to the server. In extreme circumstances involving flagrant illegal acts or activities, upon e-mail, and phone contact if no response is given within one (1) hour, FeBox LLC reserves the right to attempt to gain immediate entry to the server for security purposes only. Clients refusing to provide access under such circumstances are subject to a fine of $200.00.

6. Internet Etiquette.

The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which FeBox LLC may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, libelous, tortious, indecently depicts children, or is likely to result in retaliation against FeBox LLC by offended users. FeBox LLC reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.

7. Child Pornography.

FeBox LLC will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over FeBox LLC's network, and shall be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

8. E-mail Policy.

8.1. Mass Mailings. FeBox LLC has a zero stance policy on SPAM, Junk E-mail, or UCE. Spam, Junk-E-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, 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. A communication may also be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so. 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 FeBox LLC whether or not the message actually originated from our network.

8.2. Mailing Lists. FeBox LLC's mass mailing rules also apply to mailing lists, listservs, Web-based e-mail services, message boards, message forums, mailing services you may contract with, instant message services, chat services, and the sending of e-mail messages to wireless telephones and other wireless Internet devices. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

8.3.  If your actions have caused FeBox LLC's mail servers or FeBox LLC's Internet protocol (IP) address ranges to be placed on blackhole lists or any other mail filtering software systems used by companies on the Internet, you will be assessed a $100.00 base charge to your account and plus all necessary charges incurred to remove FeBox LLC's mail servers and IP ranges from any blackhole lists or other software systems to which they have been added as a direct result of your actions.

8.4. Violation of the above terms will result in one or all of the following actions by FeBox LLC:

8.4.1 A warning via e-mail or telephone,

8.4.2. Removal of DNS for the advertised/originating site,

8.4.3. Temporary shutdown of the server or a block on outgoing mail, and

8.4.4. IP address routing to null.

8.5. Repeated violation of the above terms will result in the following actions:

8.5.1. Immediate disconnection of service with no re-activation, and

8.5.2.  $500.00 re-activation fee in addition to all costs and damages incurred by FeBox LLC due to your violation.

8.6. FeBox LLC reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the FeBox LLC Network.

8.7. PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations.

9. No Editing, Censoring, or Control of Communications; Reservation of Rights.

Your participation in online communication or use of any FeBox LLC service is not edited, censored, or otherwise controlled by FeBox LLC. However, FeBox LLC reserves the right to monitor content on this site and any FeBox LLC Services and to remove content, disable sites, or suspend or terminate services if FeBox LLC, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

10. International Use.

FeBox LLC makes no representation that materials available on this site or any or through any FeBox LLC service are appropriate or available for use in locations outside the United States , and accessing them from territories where their contents are illegal is prohibited. Customers and their clients who access this site or any site hosted by FeBox LLC from other locations are responsible for compliance with local laws and regulations.

11. Intellectual Property Rights.

11.1. All FeBox LLC Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of FeBox LLC, © 2004. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses and FeBox LLC shall, in any event, retain all copyright and other proprietary interests therein.

11.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any FeBox LLC service. Nothing on any FeBox LLC Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to FeBox LLC by virtue of it being displayed or made accessible on any FeBox LLC Web site. Except as expressly authorized, you agree not to use this site or any FeBox LLC Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any FeBox LLC Services.

11.3. If you use a domain name or content in connection with the FeBox LLC Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.

11.4. FeBox LLC's data center infrastructure including network, leased hardware, co-location services, and other hardware located in the facility may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.

11.5. Creative, utilizing, or distributing unauthorized copies of software or other information content is a violation of federal and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law. FeBox LLC will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.

11.6. Please see Copyright Infringement Reporting for procedures on disclosing alleged copyright infringement.

12. Customer's Grant of Limited License to FeBox LLC; Warranties on Content.

By posting or submitting content to any FeBox LLC Web site or server, you:

12.1. Grant FeBox LLC the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Privacy Policy stated below in this AUP;

12.2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by FeBox LLC will not infringe or violate the rights of any third party; and

12.3. Agree to defend, hold harmless, and indemnify FeBox LLC for any claims of any third party resulting from the public posting or use of your content.

13. IP Allocation.

FeBox LLC administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by FeBox LLC staff or network administrators. Any server utilizing IP addresses outside of the assigned range will be suspended from network access until such time as the IP addresses' overlap can be corrected. Use of an unauthorized IP address will result in a charge of $25.00 per IP. Use of an unauthorized IP address creating a third party Customer outage will result in a $500.00 charge per incident and termination of service until the IP allocation is resolved.

14. IRC Policy.

IRC Servers are not allowed.

You must not use any programs that may or will interfere with another's use of this site or FeBox LLC Services. You must not run any Internet Relay Chat (“IRC”) robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.

15. Dial-up Use Rules.

When accessing FeBox LLC Services via dial-up, you must not use FeBox LLC Services to operate server programs, including but not limited to, mail, IRC, ftp, or Web servers. You must not use dial-up access on a standby or inactive basis in order to maintain a connection. The use of automated electronic or mechanical processes to maintain a constant connection, such as the use of an auto-dialer, persistent checking of e-mail, or “pinging” the host, are prohibited.

16. Suspension and Cancellation.

FeBox LLC reserves the right to suspend service to any Customer whose server located in our data center or who is using our network or services for violation of the AUP or the TOS. FeBox LLC will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. FeBox LLC reserves the right to terminate service without notice for continued and repeated violations of the AUP or the TOS. Continued violations of the AUP or TOS resulting in cancellation of services will also result in a fee in the amount of $500.00 and contract acceleration for all amounts outstanding under the contract term.

17. Notices Regarding Violations of AUP and Intellectual Property Rights.

17.1. The FeBox LLC Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by FeBox LLC Customers. FeBox LLC takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

17.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to abuse@FeBox.com . If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. FeBox LLC will reasonably investigate incidents involving such violations. FeBox LLC may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

17.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a FeBox LLC subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim.

18. Privacy Policy.

18.1. Introduction.

FeBox LLC respects the privacy of every individual who visits its Web sites and uses its services. This privacy statement provides notice of the standards and terms under which FeBox LLC protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by FeBox LLC, including www.FeBox.com. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

18.2. Personally Identifiable Information.

FeBox LLC typically receives specific data about its Web site visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, provide resume information for employment opportunities, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card to pay for services, submit your resume, or request certain types of information. When you provide personally identifiable information to FeBox LLC through one of our Web sites, it will be used to fulfill your specific request. In most cases, you will be given the opportunity to select whether you do, or do not, want FeBox LLC to use this information for additional purposes. You may also request that FeBox LLC not use your information by sending an e-mail to privacy@FeBox.com , however, FeBox LLC reserves the right, in its discretion, to send you bulletins and other important information about your FeBox LLC services. Absent any instructions from you, FeBox LLC may use information you provide to inform you about additional services and products offered by the FeBox LLC family of companies, FeBox LLC authorized agents, and other goods and services providers with whom FeBox LLC has relationships and whose offerings might be of interest to you.

FeBox LLC will not, however, sell or trade your personally identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to any person. On those FeBox LLC sites where you may provide FeBox LLC with credit card or other ordering information via the Web, FeBox LLC protects and secures this information by employing commercially customary Web-based security and encryption protocols, an example of which is the Secure Socket Layer (SSL). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, FeBox LLC will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, FeBox LLC assumes no obligation to protect such information from disclosure.

18.3. Non-Personally Identifiable (Generic) Information.

In general, FeBox LLC gathers some generic information automatically. Generic information does not reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the FeBox LLC sites visited. FeBox LLC gathers this information for the limited purpose of determining customer service and Web site needs. We accomplish this by using certain technologies, including “cookies” (a technology that can be used to provide the visitor with tailored information about FeBox LLC services). FeBox LLC does not combine information collected in this way with any personally identifiable information. You can set your Web browser to notify you when you receive a cookie and you can refuse it.

18.4. Your FeBox LLC-Hosted Website, Bulletin Boards, Chat Rooms and Third-Party Sites.

Information that you disclose in a public space, including on any bulletin board, chat room, or Web site that FeBox LLC may host for you as part of your FeBox LLC services, is available to anyone else who visits that space. FeBox LLC cannot safeguard any information you disclose in these locations. Additionally, FeBox LLC Web sites contain links to sites that belong to third parties unrelated to FeBox LLC. FeBox LLC cannot protect any information you may disclose in these sites and recommends that you review the privacy policy statements of those sites you visit.

18.5. Exceptions and Limitations.

Notwithstanding the foregoing and in compliance with applicable laws, FeBox LLC (i) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to FeBox LLC) or purported unlawful activities of any user of the Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, FeBox LLC may be required to disclose personally identifiable information.

In addition, FeBox LLC may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate FeBox LLC; or (iii) to protect the rights or property of FeBox LLC or others.

In connection with the potential or actual sale or transfer of any of its interest in www.FeBox.com, and other sites owned by the company, and any of the assets or stock of the company, FeBox LLC reserves the right to sell or transfer your information (including, but not limited to, name, address information, and other information you provided to FeBox LLC) to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be FeBox LLC's successor in interest with regard to the maintenance and protection of information collected and maintained by FeBox LLC; and (iii) agrees to the obligations of this policy statement.

19. Miscellaneous.

All monetary amounts to which this Agreement refers shall be in United States dollars.

 

FeBox LLC Service Level Agreement ( SLA )

By submitting an online order form, or by using FeBox LLC's service, Customer hereby agrees to the following Service Level Agreement (SLA). Customer agrees that it shall comply with, and require its clients to comply with, this SLA , FeBox LLC's Terms of Service (TOS), and FeBox LLC's AUP (Acceptable Use Policy)

1. “Dedicated Servers” is defined as servers that FeBox LLC rents to Clients. 

From time to time, FeBox LLC may perform security updates, patches, kernel upgrades, and System Administration free of charge. In addition to these services, FeBox LLC may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of FeBox LLC, any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $150.00 per hour labor fee, billed in one half (½) hour increments during office hours between 8:00 a.m. – 10:00 p.m. (EST). After-hours support will incur a $150.00 per hour labor fee, billed in one half (½) hour increments in effect from 10:01 p.m. – 7:59 a.m. (EST). FeBox LLC will not perform maintenance, security checks, or management without Customer initiating such request. FeBox LLC shall not take responsibility or be liable for the overall security of servers.

2. “Co-Location Servers” is defined as servers that are property of the Customer, for which the Customer rents rack space, bandwidth, power, and ethernet ports from FeBox LLC.

Customer is responsible for supplying replacement parts, and software media for their servers. FeBox LLC may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless FeBox LLC agrees upon such a timeframe in writing. All services performed on the Customer's servers are subject to a $150.00 per hour labor fee. FeBox LLC shall not take responsibility or be liable for the overall security of servers.

3. “Network Uptime” is the total time in a calendar month that the FeBox LLC network is available through the Internet, provided that Customer has established connectivity. FeBox LLC takes responsibility for Network availability within its network; however, FeBox LLC shall not be liable for any upstream problems, outside of its network. FeBox LLC's guarantee is that its Network will be available to Customer free of Network Outages, that render 100% packet loss, 100% of each calendar month.

4. “Network Outages” or “Unscheduled Downtime” is any unplanned or unscheduled interruption in Service availability during which Customer is unable to access the services as described in the section titled “Network Uptime” above.

5. A “Network Outage” is defined as a period in which 100% packet loss to FeBox LLC's network is experienced, which is determined to have been caused by a problem in FeBox LLC's Network as confirmed by FeBox LLC. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

6. “Scheduled Downtime” is any FeBox LLC scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice. 

7. “ SLA Network Violation Credit” occurs when FeBox LLC's network uptime guarantee is not met. FeBox LLC will refund to the customer 5% of the monthly fee for each hour of downtime (up to 100% of the Customer's monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a credit, you must e-mail our sales department, within ten (10) days of reported violation, at: sales@FeBox.com . FeBox LLC will review claims of SLA violations Monday - Friday 9:00 a.m. to 5:00 p.m. (EST) and will apply any applicable credit to Customer's account on the first business day of the next month. However, FeBox LLC shall provide no credit for hardware failure on the Customer's server(s).

7.1. Performance Credit Exclusions.

The following are excluded from the monthly calculation of Service Availability: 

7.1.1. Scheduled downtime,

7.1.2. Problems outside of FeBox LLC's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network, and

7.1.3. Interruptions or failures of individual service caused by Customer, Customer's agents or employees, Customer's clients, or other third parties, to Customer's service. These interruptions and failures include, but are not limited to, inaccurate configuration, 3 rd -party software, Customer's abuse or over-utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

8. “Server Hardware for Dedicated, or Co-Located Servers Hardware” is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless the Customer provides their own switch.

9. Hardware replacement will occur within 6 hours of the reported problem, FeBox LLC will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, FeBox LLC keeps a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, FeBox LLC keeps pre-installed drives with its standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must e-mail FeBox LLC's sales department, within ten (10) days of reported violation, at: sales@FeBox.com . FeBox LLC will review SLA violations Monday - Friday 9:00 a.m. to 5:00 p.m. (EST). Please note that hardware SLA violations do not cover network violations.

9.1. Performance Credit Exclusions.

The following are excluded from the monthly calculation of Service Availability: 

9.1.1. Scheduled downtime

9.1.2. Problems outside of FeBox LLC's network (upstream providers, or client's inbound connection) not effecting 100% loss to our network, and

9.1.3. Interruptions or failures of individual service caused by Customer, Customer's agents or employees, Customer's clients, or other third parties, to Customer's service. These interruptions and failures include, but are not limited to, inaccurate configuration, 3rd party software, Customer's abuse or over-utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

9.2. Replacement is defined as returning the server to its original configuration when it was purchased. If hardware failure causes a corrupted Operating System, Data Files, or Configuration of server, FeBox LLC will restore the system to its original state.

9.3. FEBOX LLC SHALL NOT BE RESPONSIBLE FOR THE RESTORATION OF DATA TO CUSTOMER'S SERVER. FEBOX LLC STRONGLY RECOMMENDS THAT YOU PURCHASE BACKUP OPTIONS FOR YOUR SERVER, AND KEEP COPIES OF YOUR DATA OFF-SITE WITH YOU FOR EMERGENCY PURPOSES. IF HARDWARE FAILURE AND DATA LOSS OCCUR, CUSTOMER SHALL BE RESPONSIBLE FOR DATA RESTORATION AND ALL COSTS OF DATA RESTORATION. FEBOX LLC SHALL NOT BE LIABLE FOR LOSS OF DATA UNDER ANY CIRCUMSTANCE