Terms of Service

These are the terms and conditions under which Foxy Banana Hosting provides hosting services ("service" or "services"). These Terms of Service act as a fully binding agreement between Foxy Banana Hosting and each of its customers ("Customer").

1. Foxy Banana Hosting will never sell or disclose Customer's contact information to any third party, unless required by law or specifically authorized by Customer.

2. All customers must make sure their contact information is current. Certain information will be asked of Customer when signing up for services. If any of this information changes, it is the responsibility of Customer to make sure Foxy Banana Hosting is made aware of the changes. Failure to provide accurate information may result in suspension of Customer's services.

3. Foxy Banana Hosting reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to a violation of Foxy Banana Hosting's Acceptable Use Policy. Should Foxy Banana Hosting terminate Customer's service for a reason other than violation of the Acceptable Use Policy, Foxy Banana Hosting will issue Customer a refund for the remaining paid period of service. Under no circumstances is Foxy Banana Hosting responsible for any damages resulting from termination of service.

4. Foxy Banana Hosting may make changes to these Terms of Service at any time, and such changes will take effect thirty (30) calendar days after notice of the changes is given to Customer. If Customer does not agree with these Terms of Service, Customer must discontinue use of their services immediately and contact Foxy Banana Hosting to cancel their account.

5. Payments are due on the fifteenth day of each month, and Foxy Banana Hosting dispatches e-mail invoices approximately ten (10) calendar days prior. If payment is not received by (1) calendar days after the due date, Customer's account will be suspended. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state.

6. A $25.00 service charge applies to all returned checks, cashier's checks or money orders.

7. Charges will be billed according to the current prices for services as provided to Customer by Foxy Banana Hosting. Customer may cancel an account or service at any time, but is responsible for fees remaining. If Customer is paying on a month-to-month basis, Customer is responsible for the current month's charges. Prepaid accounts are not refundable if Customer chooses to terminate the account before the paid period has expired.

8. If any invoice or portion thereof is disputed, the invoice must still be paid in full by the due date. Any credits issued in resolution of the dispute will be applied to the subsequent month's invoice.

9. Foxy Banana Hosting may modify account or service pricing at any time. Increases will take effect thirty (30) calendar days after notice has been provided to Customer. Customer may choose to cancel the account or service to avoid a price increase.

10. Customer is responsible for complying with United States federal, state and local laws, and applicable laws of any countries with which Customer uses the Internet to communicate. Customer may not participate in or support any illegal activities through the use of their service. Foxy Banana Hosting does not control the content of network traffic to or from their services or network.

11. Foxy Banana Hosting's services are provided as-is, and are to be used at Customer's own risk. Foxy Banana Hosting provides no warranties of any kind, expressed or implied, including warranties of scalability or fitness for any particular purpose. Foxy Banana Hosting is not responsible for hardware or software damage, loss of wages or data, or any other financial or personal loss resulting from the use of, or inability to use, the service. Any liabilities are strictly limited to the amount of the fee(s) paid for services rendered.

12. Customer is responsible for all actions taken or caused to be taken in Customer's use of the service. As a condition of service, Customer agrees to indemnify and hold harmless Foxy Banana Hosting's officers, employees, agents, shareholders, and partners from any cause of action originating from use of the service.

13. Due to the insecure nature of much of the global Internet, Foxy Banana Hosting strongly suggests that credit card numbers or other personal information never be sent through e-mail or any other Internet service, unless proper encryption is used. Customer is fully liable and responsible for the security and integrity of their own services. Foxy Banana Hosting will not be held liable for any security breaches that may occur. Customer agrees to fully indemnify and hold harmless Foxy Banana Hosting from any legal or financial claims that may result from a breach in the security of Customer's services.

14. If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portion will remain in full force. Any and all disputes regarding or resulting from this agreement will be governed by the laws and courts of Panama City Beach, Florida.

If you have any questions regarding our terms, conditions, and policies, please contact us at support@foxybanana.com.

These terms and conditions are current as of 01/01/2006.

Acceptable Use Policy

Our acceptable use policy has been formulated with the following goals in mind:

• Ensure the security, reliability and privacy of Foxy Banana Hosting's systems, and the networks and systems of others.
• Preserve the value of the Internet as a resource for information and free expression.
• Preserve the privacy and security of Internet users.
• Discourage irresponsible practices which degrade the usability of network resources and thus the value of Internet services.
• Avoid situations that may cause Foxy Banana Hosting to incur legal liability.
• Maintain the image and reputation of Foxy Banana Hosting as a responsible provider.
• This Acceptable Use Policy in no way supercedes or overrides Foxy Banana Hosting's Terms of Service.

Foxy Banana Hosting strongly discourages the sending of unsolicited e-mail (spam) from, to, or through Foxy Banana Hosting's services. Sending such messages may result in the imposition of civil liability against the sender in accordance with Florida's Electronic Mail Communications Act.

The following activities are expressly prohibited, and may result in account suspension or termination:

1. Sending unsolicited bulk e-mail which advertises a Web site, e-mail account, or service provided by or through Foxy Banana Hosting.
2. Making Usenet postings which advertise a Web site, e-mail account, or other service provided by or through Foxy Banana Hosting, to any newsgroup whose charter does not specifically allow such advertisements.
3. Sending unsolicited bulk e-mail or posting advertisements to Usenet (except where specifically allowed by newsgroup charters) from a service provided by or through Foxy Banana Hosting.
4. Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the Customer must immediately and permanently cease to send that individual any further e-mail.
5. Forwarding or otherwise propagating chain letters or "e-mail hoaxes", whether or not the recipient wishes to receive them, unless such propagation is both solicited and in the clear context of debunking or discrediting chain letters/hoaxes.
6. Transmitting any electronic communication, including e-mail, using the name or address of another person or organization, for purposes of deception.
7. Impersonating another individual by altering source IP address information, or forging e-mail/Usenet headers or other identifying information.
8. Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity in connection with use of the service.
9. Any use of another party's electronic mail server to relay e-mail without express permission.
10. Collecting replies to messages sent from another Internet service provider, where those messages violate this Acceptable Use Policy or any applicable policies of the other provider.
11. Denial of Service, including, but not limited to, any form of Internet packet flooding, packet corruption, or abusive attack intended to impact the proper functioning of any party's Internet server or services.
12. Use Foxy Banana Hosting's services or systems to store or send content which is illegal according to the laws of the United States of America, the state of Florida, the city of Panama City Beach, or any International treaties respected by the United States of America, is not permitted for any reason.
13. Storing or sending any material deemed either illegal or inappropriate for our systems, including by not limited to child pornography, copyrighted images, software, or music, and spam-related materials including mass e-mail lists, is grounds for immediate termination of services. Note also that child pornography includes related material, such as simulated child pornography, non-nude child pornography, or sites linking to such material, whether it is determined to be legal or not. Offenses of this nature will be reported to the federal authorities and prosecuted to the fullest extent of the law.
14. Using or storing any type of software which is designed to or is likely to abuse or negatively impact Internet service, including but not limited to, port scanners, hacking tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
15. Intercepting or attempting to intercept, through any method, network traffic intended for other customers.
16. Running proxy servers, such as squid or BNC, unless they are available only to users whose verified contact information is known by the proxy operator and can be disclosed to Foxy Banana Hosting or law enforcement authorities upon request. All usage of such services must be brought to the attention of Foxy Banana Hosting before you begin running such services.
17. Any previous or current behavior, such as the sending of unsolicited e-mail, that results in the addition of Foxy Banana Hosting to any e-mail black-hole lists, or otherwise negatively impacts the overall services of Foxy Banana hosting, is grounds for termination.