Legal Documentation

Hosting Terms of Service

1. Term
Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review WebbedFoot's cancellation policy set forth in the paragraph entitled "Cancellation".

2. Monthly Service Fees
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date ("Anniversary Billing Date") for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

3. Upgrade Fees
Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

4. Additional Service Fees
Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.

5. One Time Fees
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

6. Service Credits
Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.

7. Cancellation
Cancellation is automated, WebbedFoot requires a written cancellation notice via the customer portal, a minimum of 72 hours prior to 00:00:01 GMT on the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite 72 hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is required through the online Customer portal located at https://footprint.fourfoot.net. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.

8. Refunds & Disputes
All services rendered by WebbedFoot are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at https://footprint.fourfoot.net. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of £150 and will be subject to collection by an authorised collection agency.

9. Non-Payment
All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (7) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of £20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A further £20 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.

10. Data
WebbedFoot agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that WebbedFoot handles Customer data, i.e. when replacing hard drives, WebbedFoot will act in accordance with PCI guidelines to ensure data is securely handled.

11. Identity Use
Customer agrees to use the WebbedFoot logo, WebbedFoot information, and related services in accordance with WebbedFoot's approved marketing guidelines. WebbedFoot agrees not to use Customer name, logos, or information without prior written consent of Customer.

12. Permitted Use
By accepting the Master Service Agreement, Customer agrees to use WebbedFoot's services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF WEBBEDFOOT'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, WebbedFoot reserves the right to immediately terminate Customer's account and will pursue any and all legal remedies available.

13. Laws
Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Dallas, Texas, United States of America and London, United Kingdom. Proper venue for legal remedies shall be Dallas County, Dallas Texas or London, United Kingdom. All contract terms found herein shall be governed by the Uniform Commercial Code.

14. Indemnification
Customer agrees to indemnify and hold harmless WebbedFoot, WebbedFoot's affiliates, and each of its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to Customer's content and/or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.

15. Limitation of Liability
Except as described in the SLA, WebbedFoot shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilise the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Master Service Agreement, the maximum aggregate liability of WebbedFoot and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the Customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.

16. Electronic Signature
Acceptance by Customer of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

Acceptable Use Policy

General Statement
WebbedFoot is dedicated to the unrestricted free transmission of information via the internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our Customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the internet's single most valuable feature. WebbedFoot is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilising it. WebbedFoot does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Notwithstanding anything found herein, WebbedFoot follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.

Public Network
The primary purpose of the WebbedFoot Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilise the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilising the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

Private Network
The primary purpose of the WebbedFoot Private Network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and WebbedFoot delivered services. Proper use of the Private Network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and WebbedFoot servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The Private Network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the Private Network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the Private Network are available through the sales team. Violation, misuse, or interference of the Private Network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

Security Services
The primary purpose of the WebbedFoot standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. All WebbedFoot services include network intrusion detection systems and denial of service mitigation via technology from 3Com (TippingPoint) and Cisco (Cisco Guard). These services are free of charge and are intended to mitigate or remove security risks associated with the respective technologies. WebbedFoot also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. WebbedFoot also supplies Microsoft update servers and Red Hat update servers located on the Private Network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

Server Content:
WebbedFoot does not actively monitor dedicated server content for review. WebbedFoot believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on WebbedFoot dedicated servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

DNS Services
WebbedFoot supplies redundant domain names services for all Customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by WebbedFoot with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilise disproportionate resources of the redundant DNS systems, WebbedFoot will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

IP Addresses
All Internet Protocol (IP) Addresses are owned and managed by WebbedFoot. IP Addresses are non-transferable from WebbedFoot, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the WebbedFoot engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below. All IP Addresses are currently registered to WebbedFoot via Arin.net assignments. Private IP assignments are available to qualified Customers.

IRC
WebbedFoot allows the use of private internet relay chat (IRC) servers for communication among private parties. WebbedFoot absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below in the section below titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

Peer to Peer
WebbedFoot allows the use of internet peer to peer software for file sharing purposes. WebbedFoot highly recommends strict oversight an management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below in the section titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

Bit Torrent
WebbedFoot allows the use of bit torrent protocols on the public network. WebbedFoot highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Bit Torrent policy shall trigger the Methods of Resolution under this AUP as set forth below in the section titled "Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy".

The following list represents per se direct violations of this AUP and will be subject to immediate redress under the Methods of Resolution as described in this AUP and as set forth below.

Note: SLA credits for Hourly Services will be calculated and applied based on the same monthly calculation used for the month-to-month contracts.

1. Copyright Infringement
Direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code are a direct violation of WebbedFoot's AUP. Please refer to DMCA copyright infringement requirements at http://legal.fourfoot.net/

2. Unsolicited Email
The sending or receiving of mass unsolicited email (SPAM) is a direct violation of WebbedFoot's AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

3. Email Bombing
The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of WebbedFoot's AUP.

4. Proxy Email (SPAM)
The use of dedicated services to proxy email unsolicited users is a direct violation of WebbedFoot's AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

5. UseNet SPAM
The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of WebbedFoot's AUP. This includes UseNet services located within the WebbedFoot network or unrelated third party networks.

6. Illegal Use
Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of WebbedFoot's AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

7. Child Pornography
WebbedFoot has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and WebbedFoot's AUP.

8. Threats & Harassment
The WebbedFoot network can be utilised for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organisations or businesses, unless it falls within the bounds of protected free speech under the First Amendment. WebbedFoot seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

9. Fraudulent Activities
WebbedFoot prohibits utilising dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and WebbedFoot's AUP.

10. Denial of Service
WebbedFoot absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of WebbedFoot's AUP.

11. Terrorist Websites
WebbedFoot prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

12. Distribution of Malware:
WebbedFoot prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at WebbedFoot analyses the latest root kit for new security analysis/software.

13. Phishing
WebbedFoot strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

14. HYIP or Ponzi Schemes
High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Disclosure of Customer Information
Occasionally, WebbedFoot is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. WebbedFoot utilises great care in keeping Customer information safe and private and will only release information described in the subpoena or order. WebbedFoot will notify Customer of the information request as, and if, allowed by the subpoena or order.

Reporting Violation of the Acceptable Use Policy
WebbedFoot accepts reports of alleged violations of this AUP via email sent via our ticket system. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. WebbedFoot owes no duty to third parties reporting alleged violations due to lack of privity in contract law. WebbedFoot will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth below or within its sole discretion.

Methods of Resolution for Violations of WebbedFoot's Acceptable Use Policy:
The ultimate goal of WebbedFoot is to balance the rights and interest of our Customers in the highly evolving internet world. WebbedFoot understands the challenges of hosting companies, resellers, businesses, organisations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staff are dedicated to working with the Customer in resolving potential violations, and are available via phone or email. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, WebbedFoot is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

Step 1
First alleged violation of AUP a ticket will be generated under WebbedFoot to obtain the Customer's master user account with information regarding the potential violation of WebbedFoot's AUP. This is often a fact-finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.

Step 2
Acknowledgement of violation of AUP a ticket is generated under the Customer's master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify Customer of the action required to resolve the violation.

Step 3
Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the Customer for a specified period of time. WebbedFoot engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.

Step 4
Failure to address violation and resolve violation if Customer fails to address the violation AND resolve the violation, a suspension of services shall occur. This is a last resort for WebbedFoot and only results when the Customer completely fails to participate in WebbedFoot's resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer's data.

Notes: Should FourFoot Media waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit FourFoot Media to waive the same clause on any other occasion.
FourFoot Media retains the right, at its sole discretion, to refuse new service to any individual, group, or business.
FourFoot Media also retains the right to discontinue service to Customers with excessive and/or multiple repeated violations.