Terms of Service:
All services provided by 4WardOnline 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 we judge to be
threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless 4WardOnline and its
employees from any claims resulting from the use of the service which damages
the subscriber or any other party. Our acceptable use policy is actively and
strictly enforced. Offending content or users are suspended from our network,
usually as soon as they are discovered, although we will always inform you when
and why any action has been taken. Pornography is prohibited on all 4WardOnline
servers This includes sites that include sexually explicit or hardcore images
and/or advertising. We do not have a problem with sites of an adult nature, but
we do not allow pornographic sites. If you think your site may violate our Terms
Of Service, please ask us before signing up for an account so that we may
determine if we can host your site. 4WardOnline reserves the right to determine
what is and what isn't acceptable for our servers.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are
difficult to ascertain. Therefore, subscriber agrees that the company shall not
be liable for any damages arising from such causes beyond the direct and
exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized
distribution or copying of copyrighted software or other data, harassment,
fraud, trafficking in obscene material. Undesirable Content Certain types of
content are not allowed on our network. We do not host adult content of any
description. Content relating to Hacking, Cracking, Warez and IRC is not
allowed. Software downloads may only be hosted if you are the writer and
copyright owner of the software. Audio and video downloads will not be hosted on
our servers. There are no exceptions. Offending content or users are suspended
from our network, usually as soon as they are discovered, although we will
always inform you when and why any action has been taken. Accounts suspended due
to content or AUP violation are not refunded under any circumstances.
Each account comes with its own cgi-bin. You are free to use any CGI scripts
you wish, however we reserve the right to disable any CGI script that effects
normal server operation without prior warning.
Banned Scripts :
The following scripts are banned from use on our servers and may not be
uploaded or run. Reasons for banning them include adverse effects on server
load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
UBB (Ultimate Bulletin Board, all
Ikonboard, Yabb (all versions)
FormMail.pl from Matt's Script Archive are not allowed. See Here
Background Running Programs:
Background daemons in general are prohibited, we will consider requests on a
one on one basis. If allowed extra charges will be assessed based on resources
on system maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
4WardOnline is not responsible for backups for MySql databases. Subscriber
acknowledges that they will backup their own databases from the backup utility
provided from their control panel. 4WardOnline will however do other backup's of
websites, images, cgi-bin, mail, etc.
Commercial Advertising - Email:
Our servers may not be the source, intermediary, or destination address
involved in the transmission of spam, flames, or mail bombs. Your domain may not
be referenced as originator, intermediary, or reply-to address in any of the
above. SPAM /illegal content advertising sites on other servers which in turn
contain links to a domain on our servers is prohibited. We consider spam any
mass unsolicited message in the mediums of Newsgroups and Email. If you are
found to have spammed, then we will immediately, without warning, disable your
domain. In addition, we will impose a $100 penalty for each spam policy
violation. We reserve the right to refuse or cancel service to known spammers.
Lastly, we reserve the right to determine what violates this policy. As such,
any violation will result in immediate deactivation of services without refund.
Server Abuse: Any attempts to undermine or cause harm to a server is strictly
Customer agrees that it shall defend, indemnify, save and hold 4WardOnline
and it's associates harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against
4WardOnline, 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 4WardOnline against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with 4WardOnline servers; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party and (3) copyright infringement. Accounts Reinstatement:
Accounts and domains deleted due to violation of our acceptable use policy
cannot be reinstated. Refusal of Service: We reserve the right to refuse,
cancel, or suspend service at our sole discretion.
LIMITATION OF LIABILITY:
4WardOnline shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from 4WardOnline servers
going off-line or being unavailable for any reason whatsoever. Furthermore,
4WardOnline shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption or deletion
of any web site from one of 4WardOnline servers. All damages shall be limited to
the immediate termination of service. Violations of these Acceptable Uses
Policies should be referred to abuse@4WardOnline.com. All complaints will be
4WardOnline cannot be held liable for system downtime, crashes, or data loss.
We cannot be held liable for any predicted estimate of profits in which a client
would have gained if their site was functioning. Certain services provided by
4WardOnline are resold. Thus, certain equipment, routing, software, and
programming used by 4WardOnline are not directly owned or written by
4WardOnline. Moreover, 4WardOnline holds no responsibility for the use of our
clients accounts. If any terms or conditions are failed to be followed, the
account in question will be automatically deactivated. We reserve the right to
remove any account without advanced notice for any reason without restitution as
4WardOnline sees fit. FURTHERMORE, 4WardOnline retains the right to change any
or all of the above Policies, Guidelines, and Disclaimer without