Last updated on Feb 18 2024
This AUP governs the use of FiwiWeb’s web hosting services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and FiwiWeb regarding the interpretation of this AUP, FiwiWeb’s interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire Acceptable User Policy (‘AUP’) agreement between FiwiWeb Services and the personal or corporate account holder. FiwiWeb Services provides web hosting, domain registration, web design and development. FiwiWeb has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. FiwiWeb’s general policy is to act as a provider of Internet presence. FiwiWeb reserves the rights to suspend or cancel a customer’s access to any or all services provided by us when we decide that the account has been inappropriately used.
What is appropriate usage?
Our web hosting service is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places an undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
We offer a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. We uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
Disk space
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.
FiwiWeb customers may not initiate the following (below) if any customer does, we may terminate the account with no refund. Depending on the situation there will/won’t be warnings sent.
[a] Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc.
[b] Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero, and Folding@home.
[c] Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
[d] Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
[e] Run any software that interfaces with an IRC (Internet Relay Chat) network.
[f] Run any file sharing, bit torrent or other P2P network services, client or server software.
[g] Run any gaming servers such as counter-strike, half-life, Battlefield 1492, etc.
[h] Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
[i] Participate in any file-sharing/peer-to-peer activities.
[j] Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Bandwidth
We don’t limit the amount of bandwidth your site can use as long as it complies with our Terms of Service. Should your website bandwidth usage present a risk to the stability, performance or uptime of our servers, we will notify you via email and we may restrict the resources your website is using. It’s very rare that a website violates our Terms of Service and is typically only seen in sites that use hosting for file sharing or storage. Bandwidth is also reset every month
Unlimited
Some of our accounts come with unlimited email accounts, databases, sub-domains, FTP accounts, etc., this is subject to how much disk space your account has. So you can create as many emails, sub-domains, etc as you want as long as it’s within your disk space limit.
Offensive content
You may not publish or transmit via FiwiWeb’s service any content that we reasonably believes:
[a] constitutes child pornography;
[b] constitutes pornography;
[c] is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
[d] is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
[e] is defamatory or violates a person’s privacy;
[f] creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
[g] improperly exposes trade secrets or other confidential or proprietary information of another person;
[h] is intended to assist others in defeating technical copyright protections;
[i] clearly infringes on another person’s trade or service mark, patent, or other property rights;
[j] promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
[k] is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to FiwiWeb;
[l] is otherwise malicious, fraudulent, or may result in retaliation against FiwiWeb by offended viewers;
FiwiWeb does not accept material such as:
[a] Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
[b] Content ‘published or transmitted’ via FiwiWeb’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by FiwiWeb.
FiwiWeb can terminate service for any of the above reasons and it’s at FiwiWeb’s sole discretion to issue a refund
Defamation policy
Pursuant to Section 230(c) of the Communications Decency Act, FiwiWeb’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a web host, FiwiWeb is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case, in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case, in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk commercial email
Bulk commercial email, mailing lists, and email reflectors are not allowed on FiwiWeb’s servers, we allow a maximum of 100 emails per hour per account. For any emails sent from your FiwiWeb account you must adhere to the following rules:
[a] Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
[b] Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
[c] You may not obscure the source of your e-mail in any manner.
[d] You otherwise comply with the CAN-SPAM Act and other applicable law.
These policies apply to messages sent using your FiwiWeb service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your web hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Unsolicited email
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your FiwiWeb’s services.
Material protected by copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
[a] you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
[b] you are otherwise permitted by established United States copyright law to copy the work in that manner.
FiwiWeb will terminate the service of repeat copyright infringers.
Domain verification
You must have valid and current information on file with your domain name registrar for any domain hosted on the FiwiWeb network.
Disclaimer
FiwiWeb is under no duty and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the FiwiWeb network.
Internet abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
[a] Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to FiwiWeb and its customers) without express authorization of the owner of the system or network;
[b] monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
[c] Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
[d] Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
[e] Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
[f] Any conduct that is likely to result in retaliation against the FiwiWeb network.
[g] Use of FiwiWeb’s network in a way that unreasonably interferes with FiwiWeb’s other customers use of the network
Newsgroup, chat forums, other networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.
AUP violation
Your services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours. If you feel you have discovered a violation of our AUP please report it to [email protected]
