|TERMS AND CONDITIONS
|ACCEPTABLE USE POLICY (AUP)
This Flexihostings Acceptable
Use Policy ("AUP") describe the proper kinds of
conduct and prohibited uses of Flexihostings's
hosting services (the "Services"). This AUP is
not exhaustive and Flexihostings
reserves the right to modify this AUP at any time, effective
upon posting of the modified AUP at http:/flexihostings.net.au.
By registering for and using the Services, and thereby accepting
the terms and conditions of this AUP, you agree to abide
by these conditions as modified from time to time. Any violation
of the AUP may result in the suspension or termination of
your account or such other action as Flexihostings
IMPORTANT NOTE - Flexihostings
has the right to discontinue service, or deny access to
anyone who violates our Policies or the terms and conditions
shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds
or fees paid will be made if account termination is due
to violation of the terms outlined below.
Any attempt to undermine or cause harm to a server, or customer, of
Flexihostings is strictly prohibited.
Unauthorized use of other people's accounts or computers 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.
Any unauthorized use of accounts or computers by a Flexihostings
customer, whether or not the attacked account or computer belongs
to Flexihostings, will result in action
against the attacker. 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.
All hosting accounts may be terminated that include the following
content or which have links to the following content:
|Providing material that is grossly offensive to
the Web community including blatant expressions of bigotry,
racism or hatred.
|Promoting or providing instructional information about illegal
activities, or promoting physical harm or injury against any
group or individual.
|Displaying material that exploits children under 18 years
|Acts of copyright infringement including offering pirated
computer programs or links to such programs, information used
to circumvent manufacturer-installed copy-protect devices, including
serial or registration numbers for software programs, or any
type of cracker utilities.
Unsolicited commercial advertisements (spam) are not allowed in
e-mail, and will likely result in account cancellation.
Flexihostings takes a zero-tolerance
approach to spam originating from our servers or for spam advertising
of domains hosted on our servers.
The following activities are not allowed:
|Unsolicited bulk or commercial messages ("spam").
This includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity requests,
petitions for signatures, and political or religious tracts.
Such messages may only be sent to those who have explicitly
requested it from your domain.
|Forging, altering or removing electronic mail headers is
prohibited. Any domain sending stealth spam will be terminated
without warning and without refund.
|Spamming Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most e-mail mailing
lists. Inappropriate posting may result in account cancellation.
"Spamming," or sending a message to many different
off-topic newsgroups, is particularly unethical and will be
treated as such.
|Mail may not be used to harass or intimidate others. Harassment,
whether through language, frequency of messages, or size of
messages, is prohibited. Sending a single unwelcome message
may be considered harassment. If a recipient asks to stop
receiving e-mail, you must not send that person any further
|Providing spamware (software used to send bulk email or
software used to harvest email addresses) or links to sites
providing spamware is strictly prohibited and subject to demand
for removal or account cancellation.
NOTE: If you use the services of another provider (including
but not limited to the use of address lists obtained from a third
party vendor or provider) to promote a web site hosted by or through
Flexihostings (spamvertising), then
the provisions of the above Policy shall apply as if the spam
were sent through our servers.
PENALTY: Depending on the severity of your SPAMMING, Flexihostings
reserves the right to charge you between $1.00 - $100.00 PER SPAM
sent through our network. Your web site content will also be confiscated
and it will be NEVER returned to you.
Each shared Unix web hosting account comes with its own cgi-bin, in
which you are free to use any* CGI scripts you wish.
*See the Server Resource Abuse section.
Shared server accounts are limited in use of the amount of server
resources. Shared server resource abuse includes any process or service
usage that affects normal shared server operation, resources or connectivity,
and which causes a server to become overloaded. Shared server resources
include CPU and memory usage, number of concurrent processes, number
of concurrent port or database connections and total bandwidth. Flexihostings
will be the sole arbiter as to what constitutes a violation of this
provision. Possible causes of server resource abuse include, but are
not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP,
ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Shared server accounts
are NOT allow to send more than 2000 emails per day. If server resource
abuse is detected, possible actions include, but are not limited to:
disabling of the offending script or scripts, disabling of the specific
service, disabling of the entire account or account cancellation.
If server overload is a result of server resource abuse, these actions
will be taken without prior notice or warning.
Scripts / Software
The following scripts, services and software are not permitted on
our servers. Both Unix and Windows based scripts.
|Ikonboard (all versions)
|UltimateBBS (all versions)
|All soap mailers
|psybnc (all versions)
We do not allow clients to install their own chat rooms within
a shared hosting account, without approving it with the Flexihostings
Support Team. Most chat rooms tend to be large system hogs and we
cannot allow it as an account option. Note: Parachat chat rooms
do not apply to this rule. They are perfectly fine to install.
We do not allow clients to send more than 2000 pieces of e-mail
per day from a shared hosting account. If you do send more than
2000 pieces of e-mail per day, your account will be placed on hold
for Network Abuse. If you are sending legitimate e-mails and they
total more than 2000 per day your account will be moved to a special
server that is specifically designed to handle high volumes of e-mail.
You will be charged $50.00/month in addition to your regular hosting
charges if your account is moved to this server. Please contact
to have your domain moved.
We may allow programs to run continually in the background. These
are considered on a one-to-one basis and an extra charge may incurred
based on system resources used and operational maintenance needed.
We currently do not allow IRC IRC clients or IRC bots to be operated
on any of our servers. In addition, IRC servers are not permitted
on our network. Anyone found to be in violation of this policy risks
immediate account termination.
You will not exceed the bandwidth, storage and E-mail usage limits
outlined by your particular web hosting package. If you use any bandwidth
or storage space in excess of the agreed upon number of megabytes
per month or if you exceed E-Mail storage and attachment size limitations,
Flexihostings may, in its sole discretion,
assess you with additional charges. If Flexihostings
elects to take any corrective action, Flexihostings will not refund
any unused pre-paid fees. Your use of your account and access to it
is your responsibility. You are responsible for any unauthorized access
to your account resulting in bandwidth, storage and/or E-mail usage
exceeding the limits outlined in your particular web hosting package
specifications and resultant charges. Bandwidth overages are currently
billed at $2 per 1GB per month. Disk space overages are currently
billed at $1.50 per 250MB per month.
All accounts are set up on a pre-pay basis. If there are a setup fees
charged, they are non-refundable. 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. The customer is responsible for all money owed on the
account from the time it was established to the time that the customer
notifies Flexihostings at firstname.lastname@example.org
to request for termination of services. All taxes, fees and governmental
charges relating to the Services provided hereunder (other than income
taxes of Flexihostings) shall be paid
by Customer. Flexihostings accepts paper
checks from customers for payment of web hosting services and fees
associated with your account. However, there will be a $5.00 per check
processing fee for each customer paying by check.
Flexihostings reserves the right to
cancel service at any time. All fees paid in advance of cancellation
will be pro-rated and paid by Flexihostings if Flexihostings
institutes its right of cancellation. Any violation of policies which
results in extra costs will be billed to the customer (i.e. transfer,
All of Flexihostings's shared web hosting
plans are backed by a 30 day money back guarantee however for purchases of all kinds of dedicated server, VPS/VDS, license purchase, ssl and domain registration are non refundable or returnable.
If you are not
completely satisfied with our services or support within the first
30 days of your contract, you will be given a full refund of the
contract amount excluding setup fees, domain registration fees,
add-on/upgrade fees and overages. Setup fees are refundable only
if the account order is canceled prior to account activation. For
web hosting contracts of 3 months or less, the full contract amount
less any setup fees and overages will be refunded if Flexihostings
is notified within the first 30 days following activation. No refund
is available after the 30th day. For web hosting contracts longer
than 3 months, a refund equal to one half of the contract amount
less any setup fees and overages will be given if Flexihostings
is notified prior to the first day of the third month of the contract
term. If you cancel prior to the end of your contract term and you
received special pre-pay rates, your hosting fees will be adjusted
so that you pay the regular, non-discounted monthly fees. No refunds
for any reason will be given once the third month of the contract
term has begun. Cancellations via email requests will not constitute
acceptance of any cancellation. Refunds will be made by company
check or issued back to your credit card within 30 days of receipt
of cancellation. No refunds will be given for any promotional offer.
This include any promotion with or without coupon purchase.
Any unreasonable chargeback will be deem as breach of contract and
this will attract a minimum of AU$50 admin fee for settlement of the chargeback.
You must contact us for any dispute in cancellation or payment issue instead of doing a unilateral chargeback request from your bank.
and Obligations on Cancellation
If the Agreement expires or is cancelled 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.
and Product Requirements
You must ensure that all material and data placed on Flexihostings
equipment is in a condition that is "server-ready," which
is in a form requiring no additional manipulation by Flexihostings.
Flexihostings will make no effort to
validate any of this information for content, correctness or usability.
If your material is not "server-ready", Flexihostings
may reject this material. Flexihostings
will notify you of its refusal of the material and afford you the
opportunity to modify the material to satisfy Flexihostings's
requirements. Use of the Services requires a certain level of knowledge
in the use of Internet languages, protocols and software. This level
of knowledge varies depending on the anticipated use and desired content
of your Web site. You must have the necessary knowledge to create
and maintain a Web site. Flexihostings
does not provide this knowledge or customer support outside of the
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. If you use a domain name in connection with Flexihostings
or similar service, you must not use that domain name in violation
of any trademark, service mark, or similar rights of any third party.
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 will
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.
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
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
/ 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
Any abuse towards any Flexihostings group 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
Any threat; whether verbally, orally, written, or delivered by
second parties directed towards Flexihostings group or Flexi e-Solutions Pty Ltd or any of it's employees, partners, equipment, and
concerns shall be construed as a violation of this TOS. Any conduct
viewed as violating this section shall be considered a violation
of this TOS. Flexihostings group or Flexi e-Solutions Pty Ltd will be the sole arbitrator in regards to what is deemed a
No refunds shall be given when the contents of this section necessitates
removal of the account.
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
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.
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.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Flexihostings
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Flexihostings,
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, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Flexihostings
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION
WITH Flexihostings's SERVER; (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 Flexihostings's
Flexihostings WILL NOT BE RESPONSIBLE
FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Flexihostings
MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES
WE PROVIDE. Flexihostings DISCLAIMS
ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Flexihostings
AND ITS EMPLOYEES. Flexihostings RESERVES
THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Flexihostings
MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE