Finch Hosting Terms of Service

Policies
"Finch Hosting" provides internet World Wide Web page hosting, DNS hosting services. Finch Hosting has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.

Finch Hosting general policy is to act as a neutral provider of access to the global Internet. Finch Hosting reserves the right to suspend or cancel a customer’s access to any or all services provided by Finch Hosting when Finch Hosting decides that the account has been used inappropriately.

Specific Acceptable Use Policies
Use of Our Servers
Web sites accounts are to be used by the primary owner only. Customers are not permitted to resell, store, or give away web hosting services off of their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Unauthorized Use of Other People's Accounts or Computers
Finch Hosting will strongly react to any use or attempted use of an internet account or computer without the owner's authorization. Such attempts include tricking other people into releasing their passwords, password cracking, security hole scanning etc... Any unauthorized use of accounts or computers by a Finch Hosting customer, whether or not the attacked account or computer belongs to Finch Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

Commercial Advertisements with E-mail - Spamming
Unsolicited commercial advertisements are not allowed in e-mail, and will result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and by most email users. Inappropriate posting may result in account suspension or cancellation. Spamming, or sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such.

About Unlimited Bandwidth
Finch Hosting does not offer unlimited bandwidth like some other providers. The numerous providers who say they offer unlimited bandwidth are actually telling you a false statement. If you read the fine print, "Unlimited bandwidth means you may not use more then 10% of our resources". This usually means they cut you off at 50 megabytes per day. We won't do that. You get exactly what you pay for. Therefore we do not offer unlimited bandwidth. If you go over your allocated bandwidth limit there will be additional fees applied to your account as defined on the "Account Add-ons" page on our website.

Payment Policies & Billing Procedures
All accounts are set up on a pre-pay basis.  All pricing is guaranteed for the term of pre-payment. Finch Hosting reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Finch Hosting to request termination of services. Should an account remain suspended due to non-payment of service, the account and the content will be deleted without notice to the customer.  All payments must be made in USD.

Cancellation
Finch Hosting reserves the right to cancel a customer’s service at any time. If cancellation is caused by customer’s violation of these policies, then no refund is due. Customers may cancel service any time however no refund is due.

30 Day Money Back Guarantee
Finch Hosting does offer a 30 day money back guarantee to its customers.  This money back guarantee is honored under any circumstances except unless the account was cancelled or terminated by Finch Hosting staff OR the account has used more then 10% of the resources assigned to the account.  Under those conditions the 30 day money back guarantee becomes null and void.

Lawful Purpose
Finch Hosting reserves the right to refuse service to anyone. Customers may only use Finch Hosting servers for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Finch Hosting expressly forbids anyone from using Finch Hosting servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, satanic materials. The designation of any materials as such described above is left entirely to the discretion of the Finch Hosting management.

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

Disclaimer
Finch Hosting will not be responsible for any damages your business may suffer. Finch Hosting makes no warranties of any kind, expressed or implied for services we provide. Finch Hosting 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 Finch Hosting and its employees. Finch Hosting reserves the right to revise its policies at any time.