General

Use of Fab Media Group for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Fab Media Group's machines or other machines on the Internet, forging header information or user identification information, and software piracy is prohibited.

UCE / Spamming

Absolutely no broadcasting / spamming allowed. Sending harassing or mass unsolicited e-mail is prohibited. Forging header information in e-mail is prohibited. For more information on Fab Media Group's e-mail policies, see paragraphs 22 and 23 of the acceptable user agreement, below.

Internet Relay Chat Bots and Harassment

Use of IRC bots or storing them on Fab Media Group's servers is prohibited. Impersonating other users by forging one's e-mail address or IP address is prohibited. Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC or any network is resource is prohibited.

Acceptable Content

Pages containing copyrighted material, hate material, pornography, nude images, or other 'adult' material may not be stored on Fab Media Group's web servers. This also includes links to such material. Use of text or images created by others without their permission is copyright infringement and is prohibited.

Public FTP Sites

Files containing copyrighted material, pornography or nude images may not be stored on Fab Media Group's FTP server. Using Fab Media Group's FTP server for the exchange of pirated software or music or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited. See paragraph 19 of the acceptable user agreement for more information.

Storage/Transferring of Files

Storing, transferring, or allowing to be transferred (this includes FTP and the Web) any internal Fab Media Group's file that is not located in the user's own directory structure and owned by the user is prohibited. This includes but is not limited to sending via ftp, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the user.

Hacking/Cracking software, utilities, or files

Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited. Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

 

The Fab Media Group User Service Agreement

Fab Media Group's agrees to provide and User agrees to receive access to the 
Fab Media Group's Internet services according to the following 
terms and conditions:  
 
1.  All provisions of Fab Media Group's Service Agreement ("Agreement") apply to 
    the User's Principal Account and Associate Accounts billed to the 
    Principal Account.  
2.  The benefits or rights conferred by this agreement are 
    nontransferable. Use of Fab Media Group's accounts is expressly limited to the 
    individual or business whose name appears on the account
3.  User agrees to use the service in manner consistent with any and all 
    applicable laws. In the event that this account is not used in  
    accordance with all Applicable Laws including, but not limited to Local, 
    State or Federal Laws, Fab Media Group's reserves the right to cooperate  with 
    all or any law enforcement agencies.  
4.  User agrees to follow the Acceptable Use Policy of any network user 
    connects to, including Fab Media Group's system.
5.  If User is less than 18 years of age, Agreement must be signed by a 
    parent or legal guardian, who is responsible for all charges related  to 
    use of User's account(s).  
6.  User is responsible for all use of User's account(s) and confidentially 
    of password(s). Fab Media Group's will suspend access or change access to User's 
    account(s) immediately upon notification by User that his her password 
    has been lost, stolen or otherwise compromised. Fab Media Group's is not liable 
    for any usage and or charges prior to Fab Media Group making the necessary 
    account alteration.  
7.  Use of Fab Media Group's service requires a certain level of knowledge in the use
    of Internet languages, protocols, and software. This level of knowledge
    varies depending on the anticipated use and desired content of Client's
    Webspace by the Client.

    The following examples are offered:

    Web Publishing: requires knowledge of HTML, properly locating and linking
    documents, FTPing Web contents, Graphics, text, sound, imagemapping, etc.

    FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet
    and FTP understanding and capability.

    CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP
    commands, Perl, CShell scripts, permissions, etc.

    Auto-responders: a knowledge of Procmail auto-responder features,
    forwarding mail, use of mail clients to receive and send mail, etc. 


The Client agrees that he or she has the necessary knowledge to create their
Webspace. Client agrees that it is not the responsibility of Fab Media Group to provide
this knowledge or Customer Support outside matter specific to Fab Media Group's servers.
8.  User agrees to pay Fab Media Group all charges relating to the use of User's 
    account(s) according to rates and prices stated on said sales order at 
    the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE.  
9.  User is responsible for charges at the time the service is used and 
    Fab Media Group may apply the amount due to User's credit card at any time.  
10. Fab Media Group reserves the right to change prices on 30 days notice 
    published Online.  
11. Fab Media Group reserves the right to suspend access to service for User's 
    account(s) upon an indication of credit problems including delinquent 
    payments or rejection of any credit card charges.  
12. The Fab Media Group service is provided on an "as is, as available" basis. No 
    warranties, Expressed or implied, including, but not limited to, those 
    of merchantability or fitness for a particular purpose, are made with 
    respect to Fab Media Group or any information or software therein. This in no 
    way includes any reimbursement for losses of income due to disruption of 
    service by Fab Media Group or its providers. Under no circumstances, including
    negligence, shall Fab Media Group, its offices, agents or any one else involved
    in creating, producing or distributing Fab Media Group's Server service be liable
    for any direct, indirect, incidental, special or consequential damages
    that result from the use of or inability to use the Fab Media Group Server service;
    or that results from mistakes, omissions, interruptions, deletion of files,
    errors, defects, delays in operation, or transmission or any failure of
    performance, whether or not limited to acts of God or Nature, communication
    failure, theft, destruction or unauthorized access to Fab Media Group's records,
    programs or services. Client hereby acknowledges that this paragraph shall
    apply to all content on Fab Media Group's Server service.
13. Neither Fab Media Group nor its Information Providers are responsible for any 
    damages arising from User's use of Fab Media Group or by User's inability to 
    use Fab Media Group service.  
14. Fab Media Group reserves to right to change without notice the Fab Media Group
    service, including, but not limited to, access procedures, hours of 
    operation, menu structures, commands, documentation, vendors and 
    services offered.  
15. Fab Media Group is not responsible for User's files residing on Fab Media Group
    User is responsible for independent backup of his or her data 
    stored on Fab Media Group
16. Client is allowed to resell the storage and transfer services provided
    by Fab Media Group Client agrees to handle and is responsible for all third-party
    customer's content, support, set-up and maintenance. Fab Media Group agrees to
    Reseller pricing as described on the Price and Terms Sheet, provided that
    client has at least one other non-resold Unix EXPERT, E-Commerce, NT-EXPERT,
    or NT-PRO Virtual account with Fab Media Group Client agrees to having the necessary
    additional knowledge and skill level for the reselling services provided.
    The Client's clients shall not contact Fab Media Group under any circumstances.
17. Fab Media Group reserves the right to delete User's personal files after one 
    or both parties terminates agreement.  
18. Fab Media Group reserves the right in its sole discretion to delete any 
    information entered into Fab Media Group by User. Fab Media Group and its authorized 
    representatives shall have the right, but shall not be obligated, to 
    edit publicly viewable information.  
19. User hereby agrees that any material submitted for publication on 
    Fab Media Group through user's account(s) does not violate or infringe any 
    copyright, trademark, patent, statutory, common law or proprietary 
    rights of others, or contain anything obscene or libelous.  Software
    intended to facilitate any such violations or infringements may not
    be stored on Fab Media Group
20. The Client agrees to reasonable server CPU, memory, as well as bandwidth
    use to be determined by Fab Media Group
21. Fab Media Group, at its sole business judgment, may terminate this membership 
    Agreement immediately or suspend User's access to the service upon any 
    breach of this membership Agreement by User, including, but not limited 
    to, refusal or failure to pay for services provided or by sole judgment 
    of Fab Media Group that User may be performing activities harmful to Fab Media Group
    or its Users, employees, vendors, business relationships or any other 
    users of the Internet.  
22.  The following violations of "netiquette" are grounds for immediate
     suspension of service pending investigation by Fab Media Group and will
     result in termination of the account(s) the investigation determines
     to have originated or transmitted these types of traffic.
  (a) Posting a single article or substantially similar articles to an
      excessive number of newsgroups (i.e., 20 or more) or continued
      posting of articles which are off-topic (e.g., off-topic according
      to the newsgroup charter or the article provokes complaints from
      the regular readers of the newsgroup for being off-topic). 
  (b) Sending unsolicited mass emailings (i.e., to more than 25 users)
      which provoke complaints from the recipients.
  (c) Engaging in either (a) or (b) from a provider other than Fab Media Group and
      using an account on Fab Media Group as a mail drop for responses, or
      advertising a web site hosted at Fab Media Group
  (d) Continued harrassment of other individuals on the Internet after
      being asked to stop by those individuals and by Fab Media Group
  (e) Impersonating another user or otherwise falsifying one's user name
      in email, Usenet postings, on IRC, or with any other Internet
      service.  (This does not preclude the use of nicknames in IRC or
      the use of anonymous remailer services.) 
  (f) Use of IRC "bots" on Fab Media Group, whether on our IRC server or any
      other.  Such software may not be stored on Fab Media Group
23. Users whose accounts are terminated for any of the above infractions
    are also responsible for the cost of labor to cleanup and respond to
    complaints incurred by Fab Media Group
24. This document and the rights and duties of the parties shall be 
    governed by and interpreted according to the laws of the United
    States and Canada
25. Fab Media Group may modify these terms and conditions upon notice published 
    Online via Fab Media Group User's use of Fab Media Group services after such notice 
    shall constitute User's acceptance of the modifications to this 
    Agreement.  
26. Non-enforcement of any section of this Agreement does not constitute 
    consent and Fab Media Group reserves the right to enforce this Agreement at its 
    sole discretion.  
27. If any one or more paragraphs in this Agreement is found to be 
    unenforceable or invalid, User's and Fab Media Group's agreement on all other 
    paragraphs shall remain valid.  
28. Dues must be paid on a timely basis. Dues charges will continue
    regardless of your use unless and until you notify us in writing that you
    wish to cancel your membership at the end of your contract period. 30 days
    cancellation notice prior to the end of your current term is required.
    You can cancel your membership within your first 30 days and receive
    a full refund on your monthly fees. The setup fee is not refundable.
    After the first 30 days you can still cancel your account but
    cancellation will become effective at the end of your current
    contract period and no partial refunds will be given.
29. When paying by check, User expressly authorizes Fab Media Group to debit
    User's checking account for the amount of a check returned unpaid
    by User's bank, plus up to a $25 returned check fee.
30. The User is in default of this Contract if: 1. Any User covered by 
    this contract fails to obey any present or future Fab Media Group rule or 
    regulation; or 2. We do not receive a payment on or before its 
    due date; or 3. Any material statement by the User in this contract is 
    false.  
31. Failure to use this account(s) does not relieve the User of payment 
    obligations.  
32. In the event the User defaults on this contract, Fab Media Group may suspend 
    or revoke the User's membership privileges without refund and the User 
    may have to reapply for membership at the price Fab Media Group is charging  
    to new members. The User agrees to pay Fab Media Group's attorney's fees and
    court costs in collecting the amount remaining in the User's contract
    as stated in the sales order.  
33. Communication systems are subject to degradation of service from 
    phenomena such as so-called "Line-Noise" interference and other causes 
    beyond the reasonable control of Fab Media Group
34. Fab Media Group may assign this order, its rights here under and its 
    ownership of said service and commitment at anytime without notice. 
35. In addition to any price specified herein, User shall pay the 
    gross amount of any present or future sales, use, excise, value added or 
    other similar taxes applicable to the price, sales or delivery of any 
    products or services furnished here under or to their use by customer.  
36. Fab Media Group reserves the right to terminate or change priority of any 
    process started by said user.  
37. Fab Media Group reserves the right to collect damages (software, hardware & 
    man hours) if any harm is done to Fab Media Group which requires repair or 
    reconfiguration of any kind.
38. Fab Media Group may offer credits to users who refer additional users who
    sign up for and keep Fab Media Group accounts through at least one billing
    cycle, provided that the new users signing up mention at the time of
    signup the username of the user who referred them.
39. Credit Card payment: If Customer chooses to pay for services by credit card,
    Customer grants Fab Media Group WEB HOSTING CORPORATION the right to charge payments
    to that card on each due date. Customer further agrees not to challenge nor
    dispute any charge representing hosting payments.
40. This agreement, User account, contract, and billing will automatically
    renew unless canceled in writing 30 days prior to the renewal date.


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