User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Flying Host reserves the right to cooperate with all or any law enforcement agencies.
User agrees to follow the Acceptable Use Policy of any network user connects to, including Flying Host system.
Neither Flying Host nor its Information Providers are responsible for any damages arising from User's use of Flying Host or by User's inability to use Flying Host service.
User hereby agrees that any material submitted for publication on Flying Host through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User's may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on Flying Host.
The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Flying Host and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Sending unsolicited mass e-mailings (i.e., to more than 25 users) which provoke complaints from the recipients.
Engaging in either of the above from a provider other than Flying Host and using an account on Flying Host as a mail drop for responses, or advertising a web site hosted at Flying Host.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Flying Host.
Impersonating another user or otherwise falsifying one's user name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.)
Flying Host prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Flying Host.
User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not use 50% or more of available system resources (CPU or memory) for longer then 30 seconds or more than 2% CPU daily, 3% memory daily. User may nut run more than 10 simultaneous processes per user or allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 32 MB of memory. Databases are limited to 16 max user connections. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater. Each cPanel account may not send more than 300 emails per hour. If it is determined that a customers account is overusing the system resources, we may temporary suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as 'Semi-Dedicated', 'Dedicated Servers' or a Premium Hosting account. Flying Host will be the sole arbiter as to what constitutes a violation of this provision and Flying Host reserves the right to make adjustments to these limits at our sole discretion.
Flying Host performs daily or daily and weekly backups on all of our servers to ensure critical files are never lost. We provide this costly service for free with no warranty and only as a courtesy to our customers. Furthermore, Flying Host does not guarantee this feature to any of the clients, and therefore strongly advises the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with Flying Host, will use reasonable endeavors to restore the client's data; however Flying Host will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
You MUST NOT use our HOSTING ACCOUNTS to offer any of the following kinds of FREE services but are not limited to; Free Web hosting services, Free e-mail services, Free blogging services, Free home pages, Free image hosting, Free trial accounts.
There are several reasons for these prohibitions on free services. The reasons include, but are not necessarily limited to, the following:
First, free services generally do not require any reliable means of identifying the person who registers for them. As such, it can be practically impossible to track down persons who abuse the free services.
Our customers, are all paying for prompt, reliable service and we have built a solid reputation for delivering excellent service to them. We cannot risk having unidentified persons damage our reputation.
Users of free services are notorious for registering for free accounts and immediately spamming or otherwise consuming very large amounts of system resources and bandwidth before their accounts are shut down. Such abusers often register for successive or multiple accounts and cause many problems for the servers and network.
Spammers, operators of phishing and pharming scams, phishing sites, distributors of spyware, viruses, Trojan horses, worms, and other malware, operators of illegal Warez sites, operators of illegal or unauthorized file-swapping or archive sites, and hackers frequently abuse free online services. Allowing free services would expose our servers to severe abuse and could harm us or all of our customers, and all the customers of our resellers.
Free services lead to various forms of abuses that may violate criminal laws or even foster terrorist activities. Because such abuses violate applicable laws as well as our policies, we must prohibit them.
If you violate this prohibition on free services, we may suspend your account immediately, with or without notice, as we in our sole discretion deem necessary to address the situation.
File hosting and file storage of any type is strictly prohibited on any and all hosting servers. You MAY NOT use your hosting with Flying Host as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like Download.com or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.
Abuse of Flying Host Staff or Support Personnel: At Flying Host, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Deliberately using all capital (uppercase) letters in any written communication to our staff; Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
User agrees to pay Flying Host all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.
User is responsible for charges at the time the service is used and Flying Host may apply the amount due to User's credit card at any time.
Flying Host reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
Dues must be paid on a timely basis. Dues charges will continue regardless of your use unless and until you notify us via help desk that you wish to cancel your membership at the end of your contract period. You can cancel your membership within your first 30 days and receive a full refund on your monthly fees. Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.
After the first 30 days you can still cancel your account and receive a refund for the unused portion of your contract according to our Any-Time Money Back Guarantee.
Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants Flying Host the right to charge payments to that card on each due date. Customer further agrees not to challenge nor dispute any charge representing hosting payments.
Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (7) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within seven (14) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after seven (14) days of non-payment will be destroyed for security and privacy reasons.
Payment Reminders: Our credit card processor Paypal, will remit payment for all recurring orders, for services on the monthly anniversary date. It is clients responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer sole responsibility to make sure that due's are paid on time and the email address on file is working and allowed to receive reminders from Paypal Inc or Flying Host Inc. Once a payment reminder dispatched from Paypal Inc or Flying Host Inc. it is considered as a valid payment reminder. Paypal Inc or Flying Host Inc does not take any responsibility for non deliverable email addresses or e-mail's sent by Paypal Inc or Flying Host Inc. not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice from Paypal Inc. The third day and the fifth day, second and third payment reminders will be sent by Paypal Inc. From the seventh day customer services may be suspended temporarily for non-payment.
Without waiving any of its other rights under this Agreement, Flying Host offers to its Customers a 30-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within thirty (30) days starting from the day Flying Host dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. Flying Host will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Flying Host and does not apply to any changes to your service at any time.
Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at Services > My Services > Product/Service > View Details > Management Actions > Request Cancellation. Flying Host requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that Flying Host does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 30 day money back guarantee.
All cancellation requests must be made directly via Client Area. Cancellations requests are not accepted by email, postal mail, by phone. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, Flying Host reserves the right to terminate the customer account with immediate effect without any prior notice.
Flying Host may modify these terms and conditions upon notice published online via Flying Host. User's use of Flying Host services after such notice shall constitute user's acceptance of the modifications to this Agreement.
This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.