Terms of Service

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers

First Capital Hosting will make every effort to help you move your existing website to our servers, however, we can not make guarantees of the transfer process. We provide this service as a courtesy and cannot make guarantees regarding its availability or the amount of time it may take, as each host is configured differently. In rare cases, your existing host may make it impossible for us to assist you in a transfer of data from their servers.

Content

All services provided by First Capital Hosting may only be used for lawful purposes. The laws of the State of Pennsylvania and the United States of America apply.

The customer agrees to indemnify and hold harmless First Capital Hosting from any claims resulting from the use of our services.

Use of First Capital Hosting services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@firstcapitalhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or websites promoting illegal activities

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket or email and will have a response within 48 hours.

If in doubt regarding the acceptability of your website or service, please contact us at abuse@firstcapitalhosting.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the website in question and will notify you so you may terminate the account. We will further monitor your activity. More than one infraction of this type may result in the immediate termination of your reseller account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

First Capital Hosting reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

First Capital Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of First Capital Hosting.

Please view our Acceptable Use Policy for additional information.

Payment Information

You agree to supply appropriate payment for the services received from First Capital Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify First Capital Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@firstcapitalhosting.com

First Capital Hosting reserves the right to change the monthly payment amount and any other charges at any time.

Backups and Data Loss

Your use of the service is at your sole risk. First Capital Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on First Capital Hosting servers.

Cancellations and Refunds

First Capital Hosting reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time. First Capital Hosting gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller accounts. There are no refunds on administrative fees, installation fees for custom software, or domain name purchases. Refund requests after 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service or Acceptable Use Policy will waive refund eligibiliy.

Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client.

f) Participate in any file-sharing/peer-to-peer activities

g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance may vary depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money Back Guarantee

Each of First Capital Hosting's managed shared and reseller account carries a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Refund applies to monthly shared or reseller package fees only and does not apply to administrative fees, installation fees for custom software, or domain name purchases.

SSH Access

Jailed Shell access may be granted to individual users at the sole discretion of First Capital Hosting. Since allowing access via SSH can be a security issue, the following requirements must be met before access will be granted:

1. You must define a business requirement. Stating that SSH access makes it easier for you to do your job is understandable, but is not a business requirement.
2. You must provide a fax or scanned copy of either your state issued driver's license or passport.
3. You must submit the IP address you will be accessing our server from. This is limited to a single IP address.

There is a one-time setup fee of $10 per domain for setting up SSH access.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime guarantee, you may receive one month of credit on your account. Approval of the credit is at the discretion of First Capital Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact sales@firstcapitalhosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. First Capital Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. First Capital Hosting will hold any reseller responsible for any of their clients actions that violate the law, the Terms of Service or the Acceptable Use Policy.

Shared (non-reseller accounts)

Shared account holders may not resell or offer web hosting services to others for a fee. If you wish to resell web hosting, you must use a reseller account.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on firstcapitalhosting.com, and the right to increase the amount of resources given to plans at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold First Capital Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against First Capital Hosting, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless First Capital Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with First Capital Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from First Capital Hosting's server.

Arbitration

By using any First Capital Hosting services, you agree to binding arbitration. If any disputes or claims arise against First Capital Hosting, its subsidiaries or partners, such disputes will be handled by an arbitrator of First Capital Hosting's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

Disclaimer

First Capital Hosting shall not be responsible for any damages your business may suffer. First Capital Hosting makes no warranties of any kind, expressed or implied for services we provide. First Capital Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by First Capital Hosting and its employees.

Disclosure to law enforcement

First Capital Hosting may disclose any subscriber information to law enforcement agencies at any time without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

First Capital Hosting reserves the right to revise its policies at any time without notice.

Last updated: September 26, 2007