Version 7 – August 9th 2011

AUP applies to all Funio clients.

Policies apply automatically to all Funio clients upon subscription to the Services including subscription through a third party or any commercial partner.

The Customer agrees to use the Services only for lawful purposes, in compliance with all applicable law.

Specific activities that are prohibited include, but are not limited to :

Email

Funio has a strong anti-spam policy and applies it. Spammers are NOT welcomed. This includes spamming through open proxy servers or any other kind of unsolicited email advertising. If a customer is found to be in violation of our SPAM policy, Funio may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Funio reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Funio will notify law enforcement officials if the violation is believed to be a criminal offence. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.

Adult content

It is strictly forbidden to publish adult content on shared hosting accounts. The restriction applies, without limitation, to images and videos.

System and Network Security

The Customer is prohibited from utilizing Funio services to compromise the security or tamper with system resources or accounts on computers at the Premises or at any third party site.

Specific activities that are prohibited include, but are not limited to :

Resource usage

On shared hosting accounts, it is strictly forbidden to make your account resources available (whether for free or pay) to the general public. Without limitation, this applies to usage of an account to provide public online services like statistics, image hosting, free web hosting or any other similar service. At anytime, all shared hosting accounts must use an acceptable level of resources and stay below 2% of the total system resources.

The purpose of these terms and conditions is to inform the consumer about the specifications and limitation of Funio’s shared hosting services. You can find all these specifications in the main terms and conditions available here.

It is very important to introduce these conditions since shared hosting implies that customers will be shared physical ressources with each other and Funio wants to provide the best web hosting service experience.

Please note that Funio will be the only one to deem if you respect or not the following terms and conditions.

Disk space

The storage capacity provided with the hosting plan you have purchased is defined as disk space. It is used in order to place content such as your web page (pictures, video, sounds...), databases and email accounts.

In order to use this space, you have to respect the following conditions :

Disk space usage

You may only store your website's content. It is forbidden to use it for personal or unrelated pieces of data that are not part of your website, or for massive storage or personal files or backups.

If Funio detects you are using the disk space to those purposes, Funio can end the web hosting contract, and refund the amount you have paid in advance.

High reliability and backup systems

In some cases, Funio could host your website on a server that does not include all features that are otherwise included (zero downtime architecture, backups). It could happen if:

If you are found to be violating the above conditions, Funio's support staff will notify you about the feature modifications of your web hosting plan.

Unmetered bandwidth

Funio does not calculate the bandwidth used by your websites and you have no data transfer limit from your account (disk space) to your visitors.

However, you are limited by system resource usage. Funio could step in if your bandwidth usage causes latency or availability problems to other customers on the network.

System resources

The most important limitation of a shared web hosting service is the resources allocation. System resources are mainly CPU RAM, which are used by softwares and your websites.

Funio limits its “all inclusive, 5 star web hosting” customers to a 2% system resource usage. It is a maximum of 2% of the total system resources that can be used by a single customer. That applies to all clients hosted on the same server. Furthermore, it is strictly forbidden to make your account resources available (whether for free or pay) to the general public.

Panelbox, your web hosting control panel, allows you to verify the system resources level used by all your applications, softwares and websites. Panelbox should help you target and fix processes that require a lot of system resources of our servers.

If your account uses too much system resources, Funio's support staff will notify you.

In this situation, you have 2 solutions. You can fix the situation by using less system resources or you can migrate to a dedicated server. In some cases, where the use of resources would reduce the availability of services to other customers, your site could be temporarily moved to an independent server for a period of up to 48 hours so you can fix the situation.

These rules are in place to avoid any abuse of service (bandwidth, disk space and system resources) in order to assure your entire satisfaction using the amazing Funio web hosting offers.

Violation

Funio, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this AUP could also subject the Customer to criminal or civil liability. Funio may block access at the router level to the Customer's Equipment involved. If Funio believes, in its sole discretion, that a violation of this AUP has occurred, such action may also include, but is not limited to, temporary or permanent blocking of access to Customer’s Equipment or data, and the suspension or termination of Customer’s services under this Agreement. Funio may involve and will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers. Funio has no obligation to provide warnings under any circumstances and can terminate the account without prior notice if the Customer violates this policy.

Rights reserve

Funio reserves the right to modify this AUP at any time without notice. The Customer is responsible for all use of the Services by itself, its employees, agents, contractors, invitees and customers, whether such use is with or without the consent of Customer. Funio can require a signed copy of this documents.