Terms of Service
From time to time FLEXISS Digital Design may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are called Acceptable Use Policies (AUPs) and are posted at http://www.flexiss.net/tos.php. The AUPs are not exhaustive and FLEXISS Digital Design reserves the right to modify the AUPs at any time, effective upon either the posting of the modified AUPs to http://www.flexiss.net /tos.php or notification of the modified AUPs. By registering for and using FLEXISS Digital Design hosting services (the Services), you agree to abide by the AUPs as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such action as FLEXISS Digital Design deems appropriate. An unlisted activity may also be a violation if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption of service resulting from policy violations.
Examples of content that is not acceptable on FLEXISS Digital Design’s Servers:
*Warez includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP Spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
**Includes but is not limited to mp3s, Real Audio and Video, mpg’s, mpeg’s, and avi files. You may also not have archives (including but not limited to zip, ace, or rar archives) which contain such files.
+Mailing lists are permitted as long as they follow our permission-based email policy.
Copyright Infringement – Software Piracy Policy
Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Any account found with unauthorized copies of software or other material will be terminated immediately without notice, and any material in that account will not be returned to you.
Adult content is defined by FLEXISS Digital Design as any site or material whose dominant theme is either to appeal to a prurient interest in sex without any serious artistic, political, or scientific value; the depiction or description of nudity, including sexual activities or organs in a lascivious manner; or the depiction or description of sexually explicit conduct in a lascivious manner. (i.e., for entertainment purposes).
As such, the following types of sites would not be permissible on FLEXISS Digital Design’s Servers:
Customers have a responsibility to use the FLEXISS Digital Design services responsibly. This includes respecting the other customers of FLEXISS Digital Design. FLEXISS Digital Design reserves the right to suspend and or cancel service with any Customer who uses the FLEXISS Digital Design services in such a way that adversely affects other FLEXISS Digital Design customers. This includes but is not limited to:
FLEXISS Digital Design will react strongly to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include, but are not limited to, “Internet Scanning” (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, etc. Any unauthorized use of accounts or computers by a FLEXISS Digital Design customer, whether or not the attacked account or computer belongs to FLEXISS Digital Design, will result in severe action taken against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack. Any attempt to undermine or cause harm to a server, or customer, of FLEXISS Digital Design is strictly prohibited.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law, regulation, or AUP is prohibited. This includes, but is not limited to: copyrighted material or material protected by trade secret and other statute or dissemination of harmful or fraudulent content.
FLEXISS Digital Design will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the FLEXISS Digital Design network, and will be liable for illegal material posted by their clients.
Unsolicited commercial email (UCE) is defined by FLEXISS Digital Design as any electronic communication (e-mail, ICQ, IRC, Instant Messenger, etc…) sent for purposes of distributing commercial information of any kind, soliciting the purchase or sale of products or services or soliciting any transfer of funds to a recipient who has not agreed to receive such communication.
While FLEXISS Digital Design prohibits the use of its systems or network to send unsolicited email (UCE/UBE) as described above, customers may send permission-based email marketing, subject to the guidelines provided herein. Permission-based marketing is defined as electronic marketing that an end user agrees to receive. This is often referred to as ‘opt-in’ electronic marketing. All recipient information for such marketing conducted by FLEXISS Digital Design customers must be documented and cataloged by the customer. This information is to include date, time, originating IP and the location from which the email address or other recipient information was obtained. Additionally, a customer must at a minimum comply with the following guidelines, and any additional guidelines established by FLEXISS Digital Design from time to time in its sole discretion, to engage in permission-based email marketing without violating the AUP:
“If you would like to learn more about how we received your email address, please contact us at firstname.lastname@example.org.”
9. Any mailing list found to be consuming excessive resources should break mailings into smaller portions and run their mailings during off-peak times to minimize impact on other hostees’ domains.
FLEXISS Digital Design reserves the right to determine in its sole discretion the validity of any customer’s email list. Any list FLEXISS Digital Design determines in its sole discretion to be in violation of this AUP must be removed immediately or the customer will be subject to immediate suspension or termination. Repeated violations will result in permanent suspension.
FLEXISS Digital Design reserves the right to test and otherwise monitor customer’s compliance with the above guidelines and requirements at any time during the customer’s term of service at FLEXISS Digital Design.
If FLEXISS Digital Design determines in its sole discretion that the customer is not in strict compliance with the guidelines for permission-based e-mail marketing, then FLEXISS Digital Design may immediately suspend or terminate the customer’s service.
FLEXISS Digital Design routinely backs up all client’s websites to an off-site server. FLEXISS Digital Design, though, does not guarantee the backups will completely return the site to where it was before it needed restored and resumes no responsibility for anything lost.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. We understand that some sites will be more resource-intensive than others. As such, all clients are permitted to use a maximum of 20% of cpu/ram for no longer than 1 (one) minute at a time. Users constantly abusing our resources will be suspended and/or terminated. A site that is that resource intensive may be better off to upgrade to a dedicated server.
CGI script sharing with domains not hosted by FLEXISS Digital Design is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity may be shut down without prior notice.
FLEXISS Digital Design may allow distribution of software (i.e, eBooks). If you wish to offer one or the other, please contact us at email@example.com. We do require either you are the writer/copyright owner or written verification that you are authorized to distribute said files.
Multimedia files are defined as any graphics, audio, and video files. FLEXISS Digital Design shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds industry standards of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files and will be subject to special pricing.
If any terms of service violation is found, bandwidth used while breaking the TOS agreement shall be billed at $2 per GB. 1 GB minimum. This includes but is not limited to illegal transfers of MP3’s, illegal data, and adult material. This charge will be for ALL bandwidth the site incurred, not just the transfer of files.
If FLEXISS Digital Design in its sole discretion determines that a customer’s server has become the source or target of any violation concerning the FLEXISS Digital Design Acceptable Use Policy (AUP), FLEXISS Digital Design reserves the right to suspend network access to that server. While FLEXISS Digital Design will attempt to contact the customer before suspending network access to the customer’s server(s), prior notification to the customer is not assured. In certain cases, FLEXISS Digital Design will contact law enforcement and other agencies regarding these activities. Customers are responsible for all charges, as well as any fees relating to the investigation, suspension, administration and handling of their servers before, during and after the suspension period.
FLEXISS Digital Design reserves the right to cancel service at any time. 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. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.). Any cancellations due to a TOS contract violation will result in an immediate loss of any refund for services paid for. You may also be immediately billed for unauthorized bandwidth fees. Please see that section of this document for more information.
You may cancel your account at any time with notice to FLEXISS Digital Design.
FLEXISS Digital Design wishes to emphasize that in agreeing to these Terms Of Service, you indemnify FLEXISS Digital Design for any violation of the these Terms Of Service, law, or AUP, that results in loss to FLEXISS Digital Design or the bringing of any claim against FLEXISS Digital Design by any third-party. This means that if FLEXISS Digital Design is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against FLEXISS Digital Design, plus costs and reasonable attorney’s fees.
FLEXISS Digital Design is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUPs has occurred, nor do we assume any responsibility through our AUPs to monitor or police Internet-related activities. FLEXISS Digital Design disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person’s or party’s violation of this policy.