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Fluenthost's
Acceptable Use Policy.
Fluenthost
referred hereinafter as 'Fluenthost', 'our', 'we' and
'us.'
All
accounts on our web servers, including reseller and
resold accounts, are subject to the terms and conditions
described in this document. Under the terms of this
agreement, your placement of information on our servers
is an
acknowledgement that you have read, understand, and
agree to be bound by terms and conditions below.
We reserve the right to change this policy at any time
without prior notification. We encourage you to check
here on a regular basis. If you have any questions about
our usage policy please contact support@fluenthost.com
User Conduct
Our services may only be used for lawful purposes
- any use of these services which violates any laws
which may apply to Fluenthost, your local jurisdiction,
or any jurisdiction that you or your site may be subject
to is strictly prohibited, it is your responsibility
to be aware of the laws in both the jurisdiction of
where our servers are located (New Jersey, United Sates
of America) and your local jurisdiction.
In particular, while using our services you may not:
* Post or transmit any unlawful, threatening, abusive,
defamatory, obscene, libellous, offensive, pornographic,
indecent, profane, or otherwise objectionable information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offence, give rise to civil liability, or
otherwise violate any law.
* Restrict or inhibit any other user from using and
enjoying the Internet.
Fluenthost reserves to the right to the final decision
on what constitutes abuse, Resource Usage, Adult-Oriented
Sites
Users may not do the following on our servers:
* Run any process that over uses the resources of the
server.
*·Run any type of interactive real-time chat
applications that require server resources.
* Remotely-hosted services are fully allowed.
* Run stand-alone, unattended server-side processes
at any point in time on the server.
* This includes all daemons, such as IRCD.
* Run any IRC software or any software which connects
to an IRC network.
* Run any site with adult-oriented content (pornographic
material) if you are unsure as to what constitutes Adult
material please email support@fluenthost.com
Account Violations
We take a zero tolerance stance against any
of the following activities:
Spam Policy:
Sending of unsolicited e-mail, commonly known
as spam. Any domain which sends out spam will have their
account terminated.
Denial of Service Attack Policy:
Any account launching a Denial of Service from
our server(s) against any other server will be terminated
without prior notice.
Server Exploiting Policy:
Any account who is attempting or has attempted
to successfully or unsuccessfully exploit any of the
server's services, including but not limited to the
http server or ssh server, or attempting to gain root
access will have their account terminated without notice.
Should one of your resold accounts be involved in any
if these activities then that domain will be suspended
but your main domain and all other domain you host will
remain active.
Fluenthost reserves the right to require changes or
disable as necessary any web site, account, database,
or other component that does not comply with this policy.
Fluenthost also reserves the right to make any such
modifications in an emergency at our sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Fluenthost
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, Fluenthost,
or any other party or parties without limitation or
exception.
No warranties
Fluenthost makes no warranties or representations
of any kind for the services being offered. The service
is provided on an "as is" and "as available"
basis without warranties of any kind, either express
or implied, including but not limited to warranties
of title, non-infringement, or implied warranties of
merchantability or fitness for a particular purpose.
No advice or information given by Fluenthost or its
agents or employees shall create a warranty. Under no
circumstances shall Fluenthost be liable for any direct,
indirect, special, punitive, or consequential damages
that result in any way from your use of or inability
to use the service, or for third parties' use of the
service to access your Web space, or to access the Internet
or any part thereof, or your or any third parties' reliance
on or use of information, services, or merchandise provided
on or through the service, or that result from mistakes,
omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any
failure of performance.
You understand that by placing information on Fluenthost's
servers that such information becomes available to all
Internet users and that Fluenthost has no way of limiting
or restricting access to such information or protecting
such information from copyright infringement. You assume
total responsibility and risk for your use of Fluenthost'
servers and the Internet. It is solely your responsibility
to evaluate the accuracy, completeness, and usefulness
of all opinions, advice, services and other information,
and the quality and merchantability of all merchandise
provided through Fluenthost or on the Internet generally.
Your use of the service is at your sole risk. Fluenthost
is not responsible for files and data residing on your
account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate
backup of files and data stored on Fluenthost servers.
You agree not to interfere with the operation of the
system. You further agree not to interfere with the
proper operation of other systems reachable through
the Internet, including any attempt at unauthorized
access. You agree to adhere to system policies as published
by Fluenthost, including restrictions on services available
with each service type, restrictions on certain features,
and all other policies. You agree to abide by any and
all future Fluenthost policy decisions.
Sharing of account space & resale restrictions
You agree and understand that the account you purchase
is purchased either for yourself or on behalf of a client
if you are a reseller. You understand that as a reseller,
you are the individual solely responsible for all use
of the account.
Payment & Other Information
You agree to supply appropriate payment for
the services received from Fluenthost, in advance of
the time period during which such services are provided.
You agree that until and unless you notify Fluenthost
of your desire to cancel any or all services received,
those services will be billed on a recurring basis.
Agreement Acknowledgement
This agreement supersedes any written, electronic,
or oral communication you may have had with Fluenthost
or any agent or representative thereof, and constitutes
the complete and total agreement between the parties.
Should any provision of this agreement is determined
to be invalid or unenforceable, all other provisions
shall remain in full force and effect and said provision
shall be reformed only to the extent necessary to make
it enforceable.
By placing and continuing to maintain or place information
on Fluenthost' 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.
Backups
Full backups are made daily. No guarantees
are made as to the integrity of these backups. It is
the clients responsibility to maintain local copies
of their web content and information.
Money Back Guarantee
Each
reseller plan includes a full 15-days money back guarantee.
If
you are not completely satisfied with our services within
the refund time period of 15 days, you will be given
a full refund of all fees paid to Fluenthost. No refund
is available after that period.
Accounts
cancelled/terminated by Fluenthost for violating our
Acceptable Usage Policy do not qualify for the 15-day
money back guarantee. Only first-time accounts are eligible
for a refund. For example, if you've had an account
with us before, cancelled and signed up again, you will
not be eligible for a refund.
Uptime
Guarantee
Fluenthost
guarantee an uptime of 99% in any calendar month. Should
we not reach this we will credit your account with 100%
of your monthly fee, upon receipt of a refund request.
Cancellation
Policy
Account
can be cancelled at any time. All cancellation requests
must be submitted by emailing support@fluenthost.com
by the person listed as the main account contact. While
there are no cancellation fees, you must cancel prior
to your next billing cycle. Payments made up to your
cancellation date are not refundable unless you are
canceling within our 15-days money guarantee period.
You must include your account username and password
for verification.
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