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Terms of Service Print E-mail

Flatfilehost Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Flatfilehost Hosting Services constitutes acceptance and agreement to Flatfilehost Hosting's AUP as well as Flatfilehost Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Flatfilehost Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. Any changes to the TOS or AUP will be posted in our Announcements area of our Community Forum.

This Agreement shall be construed in all respects in accordance with the laws of the State of Texas, applicable to contracts enforceable in that state.

1) Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who presents a proper warrant issued by the courts without further consent or notification to the Subscriber. In addition Flatfilehost Hosting shall have the right to terminate all service set forth in this Agreement.

2) Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time.

3) Payment: Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each 30 days following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. This only applies to cancellation by the client. If cancellation is done by Flatfilehost Hosting due to restrictions or use violation, there will be no refund. Flatfilehost Hosting will only allow for the discount if cancellation is not the fault of the client, as determined by Flatfilehost Hosting. All monetary transactions are in $US dollars. Package upgrades can be added at any time. Monthly feature prices are not prorated. Flatfilehost Hosting reserves the right to change prices at any time. All services to those with an address within the State of Texas are subject to applicable sales tax.

4) Payments and Fees: Checks and ACH Drafts returned for any reason are subject to a $29.00 returned item charge . Credit cards that are declined for any reason are subject to a $1.00 declination fee for each instance a card declines. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment may be subject to a $25 reactivation charge. Accounts the remain unpaid 60 days after the due date will be deleted from the servers with no backup kept by Flatfilehost Hosting. Accounts that are not collectable by Flatfilehost Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5) Refund and Disputes: Flatfilehost Hosting offers a 30 day money back guarantee on all hosting services. This only applies to hosting services and not Domain Name registrations. Domain Name registration and transfer fees are not refundable for any reason, however your Domain Name will remain registered for the applicable time and you can have it transferred or directed to other nameservers if you wish. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer (known as a chargeback) that, in Flatfilehost Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Flatfilehost Hosting an "Administrative Fee" of not less than $50 and not more than $150.

6) Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7) Account Cancellation: You may cancel at anytime. To cancel your account, we need you to open a support ticket in the Account Management area and include in the subject - "Cancel account". We may take further measures to ensure your identity for account cancellation, including but not limited to having you fax a copy of your identification to us. WE WILL NOT CANCEL ACCOUNTS VIA EMAIL ONLY.

IMPORTANT NOTE: Make 100% sure that you have copies of all your files before you submit a request for us to cancel your account. As soon as you submit your request to cancel your account, we stop the recurring transactions and then delete your account from the server.

Another Note About Cancellation: It is neither our policy or intent to cancel any account for the sole reason they are using too much space and/or bandwidth. We fully expect you to make use of the resources you purchased with your account. If for some reason you meet or exceed that amount, it is our policy to work with you in every way possible to come to an arrangement that is satisfactory for the customer as well as Flatfilehost Hosting. That arrangement may include the customer purchasing additional bandwidth, or upgrading their account to a plan with more resources. The last thing we want to do is cancel an account for these reasons for making use of what they paid for, unlike some hosts will do.

However, we won't hesitate to suspend or cancel an account after investigation of the account that is causing intentional abuse to the servers, such as runaway scripts, spamming, illegal adult content, etc. This is to protect our other customers as much as it is to protect ourselves.

8) Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9) New Domain Name Registered: All new Domain Name Registrations will be registered with our registrar within 24 hours in most cases. Due to unforeseen complications, however, this process may sometimes require up to 3 business days.

10) Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Flatfilehost Hosting may require up to seven (7) days to transfer due to processes involved. While your account with us will be set up within 24 hours in most cases, we cannot guarantee the length of time necessary to transfer a domain name from your old registrar. Normally, this can be done within five to seven (5-7) business days but in some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11) Support Boundaries: Flatfilehost Hosting, provides a maximum 24 hour turnaround time on technical support to our subscribers (usually within just a few hours). We limit our technical support to our area of expertise. The following is our guidelines when providing support:

  • Flatfilehost Hosting provides support related to your hosting account control panel or website physical functioning.
  • Flatfilehost Hosting does not offer tech support for application specific issues such as CGI programming, html or any other such issue.
  • We currently offer support through our public forum, through our Account Management/Support Desk system for more confidential matters, and on some occasions by email. Please search our forums to see if you can find the answer to your question there. There is a great deal of information available there and it is growing daily. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

12) Commercial Advertising - Email:

  • Spamming, i.e. the sending of unsolicited email, from any Flatfilehost Hosting server or any server located on theFlatfilehost Hosting network is STRICTLY prohibited. Flatfilehost Hosting and the associated datacenter will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Flatfilehost Hosting. In addition to termination of any account found to be in violation there will also be a $200 penalty fine applied for every valid spam complaint processed by Flatfilehost Hosting staff.
  • Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Flatfilehost Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Flatfilehost Hosting -hosted domain, or referencing any Flatfilehost Hosting account, is prohibited.
  • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
  • Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  • Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
  • If a customer is found to be in violation of our SPAM policy, Flatfilehost Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Flatfilehost Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Flatfilehost Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY , anyone hosting websites or services on our service that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their website(s) immediately removed from our servers. The accounts will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our servers without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our server without notice.

13) Network IP Address Ownership: If Flatfilehost Hosting assigns a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Flatfilehost Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by Flatfilehost Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Flatfilehost Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Flatfilehost Hosting, and Flatfilehost Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

14) Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. Flatfilehost Hosting will monitor Customer's bandwidth and disk usage. Accounts that exceeded their monthly allocated bandwidth are suspended automatically by the server. Flatfilehost Hosting reserves the right to request a customer upgrade to a higher plan with more space and bandwidth if a Customer's account exceeds their limit on a regular basis. Flatfilehost Hosting, at their sole discretion, may decide from time to time to un-suspend an account that may only occasionally go over their allocated limit. This shall not be construed as permission to exceed allowances. In extreme overage situations, bandwidth overages may be charged at the rate of $2.50 per GB over at the discretion of Flatfilehost Hosting.

15) System and Network Security: Users are prohibited from violating or attempting to violate the security of the Flatfilehost Hosting's servers. Violations of system or network security may result in civil or criminal liability. Flatfilehost Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.

16) Notification of Violation: Flatfilehost Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

  • First violation: Any User, which Flatfilehost Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Flatfilehost Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
  • Second Violation: Users that Flatfilehost Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    We reserve the right to suspend or cancel an account without notice depending on the severity of the violation. It is not our intention to suspend or cancel accounts unnecessarily, but it some cases it may be needed.

17) Suspension of Service or Cancellation: Flatfilehost Hosting reserves the right to suspend service to any customer if in the judgment of the Flatfilehost Hosting administrator that the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which Flatfilehost Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.

18) Indemnification: Flatfilehost Hosting wishes to emphasize that in agreeing to the Flatfilehost Hosting Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Flatfilehost Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Flatfilehost Hosting or the bringing of any claim against Flatfilehost Hosting by any third-party. This means that if Flatfilehost Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Flatfilehost Hosting, plus all costs and attorney's fees.

19) Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Flatfilehost Hosting takes no responsibility for any material input by others and not posted to the Flatfilehost Hosting message boards or websites by Flatfilehost Hosting. Flatfilehost Hosting is not responsible for the content of any other websites linked to Flatfilehost Hosting; links are provided as Internet navigation tools only. Flatfilehost Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Flatfilehost Hosting is not responsible for any damages your business may suffer. Flatfilehost Hosting does not make implied or written warranties for any of our services. Flatfilehost Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Flatfilehost Hosting.

Flatfilehost Hosting reserves the right to amend its policies at any time. All changes to this policy will be posted in the Announcements area of our forum when they are made. All customers, affiliates and resellers of Flatfilehost Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation.

20) Responsibility for Content: You, as Flatfilehost Hosting's customer, are solely responsible for the content stored on and served by your your account or website.

21) Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.

GENERAL

Terms Of Service are subject to change without any prior notification. However, normally we will post changes in our forums.

These Terms of Service are a legally binding contract between the subscriber and Flatfilehost Hosting..

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Flatfilehost Hosting administration without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable.

The 30-day money back guarantee does not pertain to Domain Name related service, SSL Certificates and Web Design services.

Any violation of these Terms of Service could result in termination of the account. Flatfilehost Hosting maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.

©2008 Flatfilehost Enterprises / flatfilehost.com

Last Updated ( Sunday, 02 November 2008 20:44 )