Folioport provides web hosting and web design to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met. Use of any services offered by Folioport will constitute agreement to the terms outlined in this AUP. This document may be revised in part or in full at any time by Folioport. Continued use of our services after changes or enhancements to the AUP have been made will constitute acceptance of any revisions.

All services provided by Folioport 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, and invasion of privacy. The subscriber agrees to indemnify and hold harmless Folioport from any claims resulting from the use of the service which damages the subscriber or any other party.

Folioport will be the sole arbiter as to what constitutes a violation of this provision.

Some images used in client designs are obtained from free stock imagery websites that allow a royalty free license. Most of the images used are provided by the client. We encourage use of non-licensed, public domain, and royalty free stock imagery. Use of any licensed imagery outside the bounds of the artist's terms of use is the sole reponsibility of the client. All risk of liability for use of any images requested not found in public domain, including but not limited to fee stock imagery and private artists is assumed by the client.

Backups are done as a matter of courtesy to our clients. However, Folioport is not reponsible for any lost data, databases, files, or any other items hosted by our web servers. Clients are encouraged to make backups of their files. Backups are not retained for accounts that are cancelled. Required files should be downloaded before cancellation is requested.

Spamming, or the sending of unsolicited email, from a Folioport server or using an email address or domain that is maintained on an Folioport machine as reference is STRICTLY prohibited. Folioport will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any Folioport server.

Any attempt to undermine or cause harm to a server, or customer, of Folioport is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

All pornographic content and sex-related merchandising is prohibited on all Folioport servers. This includes sites that may infer sexual content or links to adult content elsewhere.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Folioport servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites

All accounts are set up on a pre-pay basis. Payment is due the first of each month following the date the account was established. Unless otherwise indicated, the amount owed will automatically be deducted from the credit card provided by the client at account activation. Failure of payment on accounts over 15 days due will result in account suspension or cancellation. The client will not be granted access to any data on their website until all outstanding balances are paid in full.

Design services require a 50% deposit upon contract agreement. Payment is due in full upon final approval and implementation of the design.

Cancellation requests can be submitted via the billing system (id and password required) or through email. Although no advance notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration, which are nonrefundable.

Folioport reserves the right to cancel service at any time. Folioport cannot be held responsible for any lost data, revenue, or business from this act.

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Customer agrees that it shall defend, indemnify, save and hold Folioport harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Folioport, 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 Folioport against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our server; (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 customer from our server.

Folioport will not be responsible for any damages your business may suffer. Folioport makes no warranties of any kind, expressed or implied for services we provide. Folioport disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Folioport and its employees. Folioport reserves the right to revise its policies at any time.

All portions of the Folioport website, including this document, are copyright © 2008.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

All sub-networks, distributive hosting sites, and dedicated servers of Folioport must adhere to the above policies. Please direct any reports of violations of the above policies to abuse@folioport.net.

Failure to follow any term or condition will be grounds for immediate account deactivation.