Server Abuse

Flexihostings works hard to ensure all accounts hosted on our servers are hosting legitimate contents only and to protect all Flexihostings customers and general public from unethical and illegal usage of Internet.

Flexihostings will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Flexihostings to be unacceptable use of Flexihostings's services including abuse of server resources.

The following activities are not allowed on Flexihostings servers

We hate Spammers

Flexihostings 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, Flexihostings may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Flexihostings reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Flexihostings will notify law enforcement officials if the violation is believed to be a criminal offense. The customer acknowledges that he is responsible for any and all SPAM related actions which come from their account.

Banned Scripts / Software

The following scripts, services and software are not permitted on our servers. Both Unix and Windows based scripts.

IRC

We currently do not allow IRC clients or IRC bots to be operated on any of our shared servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Flexihostings reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. Invoices are usually auto generated by our billing system and is deem to be correct and accepted by the customer unless we receive a query or complaint by the customer.Flexihostings may report and or contract a 3rd party such as Equifax, Experian, TransUnion or Veda to assist in collection of bad debts.

Cancellation

Flexihostings reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and reimburse to the customer if Flexihostings institutes its right of cancellation however if the cancellation is due any violation of this Terms and Conditions & Acceptable Use Policy, no refunds will be given nor entertained.

Liability and Obligations on Cancellation

If the Agreement expires or is canceled or not renew for any reason, Flexihostings is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in
connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Flexihostings will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Flexihostings under this Agreement.

Intellectual Property Rights

Material accessible to you through Flexihostings's services may be subject to protection under the Australia, United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Flexihostings or its servers and
network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Flexihostings network.

Network Security

Customers may not use the Flexihostings network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Flexihostings will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected
criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Flexihostings may shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Flexihostings or any of its other customers.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Flexihostings a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Flexihostings under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

Torturous Conduct

Any abuse towards any Flexihostings or Flexi e-Solutions Pty Ltd employees will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing Flexihostings or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Flexihostings group or Flexi e-Solutions Pty Ltd or its employees shall be considered a violation of this agreement and Flexihostings or Flexi e-Solutions Pty Ltd will be the sole arbitrator in regards to what is deemed a violation.

IP Address Ownership

Flexihostings shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Flexihostings and Flexihostings reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay Flexihostings prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Flexihostings price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable,
in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Flexihostings reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Flexihostings to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another
payment provider allowed by Flexihostings) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Flexihostings as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Flexihostings will reinstate Customer's domain name registration solely at Flexihostings's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

Flexihostings reserves the right to refuse service to anyone. Customers may only use Flexihostings server for lawful purpose. 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. The designation of any materials as such described above is left entirely to the discretion of Flexihostings management. Regardless of the place of
signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Victoria, Australia and any dispute will be litigated or arbitrated in Victoria, Australia. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Victoria Courts. IN NO EVENT SHALL Flexihostings's MAXIMUM LIABILITY EXCEED THREE HUNDRED ($300.00) DOLLARS.

Indemnification

You agree to indemnify, defend, and hold harmless Flexihostings from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Flexihostings, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

Disclaimer

Flexihostings will not be responsible for any damages your business may suffer as the direct or indirect consequence of using our services. This includes loss of data, outages, service disruption of any kind caused by Flexihostings and it's employees. Flexihostings reserved all rights to revise all our terms of service at anytime.

Acknowledgement

By placing and continuing to maintain or place information on Flexihostings servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. You also accept and understand that any violation of this Terms and Conditions & Acceptable Use Policy is ground for us to cancel your service without providing you with any remedy or refunds.