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PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY ON THE ACCOUNT SIGNUP FORM, SIGNING UP, COMMUNICATING WITH US, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT
If you have questions about this Agreement, our Acceptable Use Policy (AUP)
or our Privacy Statement, please contact us. Terms of Service
This service Agreement is between FLV Hosting.com (hereinafter "we," "our," or "us") and you, our Customer (hereinafter "Customer," "you" or "your").
FLV Hosting.com, as your web hosting service provider, will supply Customer with a shared web hosting solution according to the specifics of your plan, along with various services you select for maintaining your Web site, as indicated on our Web site (hereinafter "Services").
You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
This Agreement represents the entire agreement between you and FLV Hosting.com, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by FLV Hosting.com or written agreement by an authorized officer of FLV Hosting.com (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
Any of the terms, prices or services offered can be amended, modified or updated by FLV Hosting.com at any time.
Customer is responsible for uploading Web site files and/or providing and setting up any Web site content. FLV Hosting.com is not responsible for modifying, correcting or updating Web site material. Customer is responsible for making use of the account, if account is not used after setup, this is not grounds for a refund, the services have still been provided for your usage. All accounts Renew Automatically unless cancelled PRIOR to the renewal date, whether monthly or annually. Customer is responsible for instigating cancellations. Accounts not cancelled will incur the renewal cost when billed on monthly or annual date.
Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
Customer is responsible for maintaining the confidentiality of login and billing information. FLV Hosting.com is not liable for any account disputes that may arise between various parties holding account login information. FLV Hosting.com is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the Web site does not exceed the bandwidth allocated for the account(s).
Bandwidth allocation is per account and not per domain name or URL used. FLV Hosting.com will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but FLV Hosting.com does not take responsibility if e-mail notification(s) is not received by the Customer.
Customer is responsible for ensuring credit card information is up to date with sufficient funds to apply monthly agreed charges.
Monthly Recurring Accounts are month to month no contract.
Customer is responsible for updating and maintaining contact and billing information with FLV Hosting.com, and to ensure funds are available for recurring charges. Accounts renew AUTOMATICALLY without notice, on the anniversary of the account plan activated when you ordered. This may be each 30 days or annually. You are supplied a receipt when account is rebilled. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. Customer is responsible for ensuring that FLV Hosting.com is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by FLV Hosting.com to maintain the account.
Annual Recurring Accounts are year to year - no refunds or pro rated refunds will be given in the event you wish to cancel. Services remain operating for FULL 12 months whether you use them or not. You do not have to order Annual Service, but if you do a discount is offered. If these terms are not acceptable for Annual Accounts the Month to Month will suit instead.
Billing is provided by 2checkout.com (Paypal for Annual Accounts)
We use 2checkout.com because the monthly recurring billing is automated, thus keeping your costs to a minimum. When you sign up for service, 2checkout.com will send you an invoice and receipt for your purchase. When your account is re-billed for consecutive months, 2checkout will inform you of the recurring charge in the form of a receipt. FLV Hosting does not provide invoices or have access to your card information, nor do we want it. In the event you make an unfounded chargeback claim contrary to the terms above, we reserve the right to pursue for losses and or damages in a court of law.
If you have any questions about your recurring charges, or for copies of
invoices/receipts, the contact information is below:
Customer Service Support Center
1-877-294-0273 toll-free in U.S. & Canada 1-614-921-2450 international callers
FLV Hosting.com reserves the right to discontinue service through the
beginning of the next month for your account in the event that it exceeds the
bandwidth allotment, storage, for non payment or the account is not upgraded in
a timely fashion. Accounts upgrading or downgrading due to overage on usage will
not receive billing pro-rate refunds of any kind. No
refunds are issued in the event of a hosting plan level ordered in error, unless
we are made aware within 48hours of the mistaken order.
FLV Hosting.com reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
Customer accepts liability resulting from any breach of our AUP.
Customer is responsible for making end-users aware of all the policies of FLV Hosting.com and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
Complaints Against Customer
(excluding Trademarks and Copyright complaints)
FLV Hosting.com does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP.
We take no responsibility for the content or information contained on our Customers' Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by FLV Hosting.com do not necessarily reflect our views. The contents of the Web pages hosted by FLV Hosting.com are not monitored or reviewed in any way before they appear on the Internet.
Payment Policies - General
Accounts will not be activated or reactivated without prior payment.
All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the Customer, due to actions taken by FLV Hosting.com in response to Customer non-payment, are not the responsibility of FLV Hosting.com.
Right to refuse orders
FLV Hosting reserves the right to deny orders without reason. FLV Hosting reserves the right to refuse orders from certain countries.
The list below contains countries where orders are not acceptable due to high instances of fraud attempts, or other general misuse we dont have time for.
Customer is responsible for making use of the account, if account is not used after setup, this is not grounds for a refund
Payment Policies - Payment Processing
FLV Hosting.com's preferred method of payment is credit card.
By purchasing our hosting services, you are agreeing to allow FLV Hosting.com to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.
You grant FLV Hosting.com permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.
If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers, without notice.
If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.
Accounts overlimit are sent an email notice to UPGRADE to the email address provided on signup
Overages are charged at $2 per gigabyte. Accounts who upgrade after receiving notices are not charged overage. Accounts ignoring overlimit notices are subject to IMMEDIATE REMOVAL. Accounts OVERLIMIT are NOT subject to ANY REFUNDS under ANY circumstances, even if billed for the next month service - YOU ARE OVERLIMIT AND OWE FLV HOSTING money, not the opposite. If you think you are due a refund avter being overlimt, calculate the NUMBER OF DAYS overlimit, and the number of GIGS overlimit then multiply by $2 to get the amount owed to FLV Hosting. We reserve the right to pursue collections and legal means to recover fees from accounts overlimit and unpaid Billing Invoices. Recurring charges are sent a receipt via EMAIL each month. FLV Hosting does not invoice outside of these emails. If you wish to receive a copy of your original invoice you can email billing at flvhosting.com
If we make any refunds due to charges you dispute with your credit card company, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by FLV Hosting.com as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Fees for products and services are non-refundable.
If you do not wish to continue hosting with FLV Hosting.com, or do not wish to renew your domain name, it is your responsibility to contact our Support Team to cancel your account. You will need to indicate when you would like to cancel the account and whether you will maintain ownership of any domain names associated with your account.
Transferring a domain to a new hosting Company does not constitute canceling an account with FLV Hosting.com.
You have ninety (90) days to dispute any charge or payment processed by FLV Hosting.com.
Upon purchasing Services, FLV Hosting.com will assign you a subdomain composed of your username and our domain name (e.g., username.FLV Hosting.com.com). Upon cancellation of your account, FLV Hosting.com will retain all ownership rights to the username and subdomain.
Customer is responsible for providing the equipment and services necessary to access FLV Hosting.com networks, systems and servers. FLV Hosting.com makes no assurances that the Customer's equipment is compatible with its services.
FLV Hosting.com is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by FLV Hosting.com or not residing on FLV Hosting.com's network, systems or servers.
FLV Hosting.com is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for trouble-shooting programs, scripts or software placed on our servers by the Customer.
FLV Hosting.com strives to maintain compatibility with a wide range of browsers, operating systems and individual user settings, but we cannot warrant that all of our services, tools and pages will perform optimally with every configuration. For best results, we recommend accessing FLV Hosting.com's services through a PC running Windows 98 or higher, and using Microsoft Internet Explorer 5.0 or higher as a browser. We also recommend monitors set to a minimum of 256 colors, screen widths of at least 800 pixels, and ISDN or broadband connections.
If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store.
Customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others.
Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
Customer is responsible for the security of Customers' credit cards.
FLV Hosting.com is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between Customers and their Customers.
Web Site Accessibility
We will use all efforts to ensure that Customers' Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by FLV Hosting.com.
However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
In the unlikely event of systems failure, no compensation is offered for outage.
Pursuant to FLV Hosting.com's Privacy Statement, FLV Hosting.com may disclose to third parties certain aggregate information contained in your signup or related data. However, FLV Hosting.com will NOT disclose personally identifying information to third parties unless such disclosure is:
required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
to enforce these Terms of Service or otherwise establish or exercise FLV Hosting.com's legal rights or defense against legal claims; or
Backup / Restore
FLV Hosting.com does not maintain backup copies of Customer Videos, Web sites or e-mail unless by PRIOR arrangement.
FLV Hosting.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site, videos or email will always be available.
We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy, on another desktop, (or elsewhere) to ensure the availability of the files.
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site.
Acceptance of Commercial Relationship and E-mail Communications
By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Domain Name Registrations and Renewals
Upon a Customer's request, and subject to these terms and conditions, FLV Hosting.com will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that FLV Hosting.com, in its sole discretion, elects to employ for such registration or renewal (the "Chosen Registrar"). FLV Hosting.com reserves the right to refuse any request for registration or renewal of a domain name.
When registering a new account, you will be enrolled in our Automated Domain Renewal Service. Through this service, FLV Hosting.com will attempt to automatically initiate the renewal of any domain name you register through FLV Hosting.com. The renewal will be initiated 15 days before a domain's expiration date. Of course, you can opt out of the Automated Domain Renewal Service at any time. While participating in the Automated Domain Renewal Service, you agree to be bound by the policies associated with this service. In the event of conflict between those policies and rules and this Agreement, this Agreement will control.
The registration or renewal of any domain name by FLV Hosting.com on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all FLV Hosting.com Terms of Service and the AUP.
Once a domain name has been registered or renewed through FLV Hosting.com, no refunds will be given for the domain registration or renewal fee.
The Customer has full ownership rights over any domain name registered or renewed through FLV Hosting.com, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, FLV Hosting.com will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, FLV Hosting.com will take ownership of the domain name(s) registered.
FLV Hosting.com is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our Control Panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with FLV Hosting.com does not automatically update it with the Chosen Registrar.
FLV Hosting.com is not responsible for any domain name's availability. The Customer waives any and all claims against FLV Hosting.com for, and hereby releases FLV Hosting.com from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, FLV Hosting.com will provide the Customer with the name of the Chosen Registrar.
The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against FLV Hosting.com for, and hereby releases FLV Hosting.com from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
FLV Hosting.com is not liable for domain disputes that may arise over changed registrant information for a domain name.
FLV Hosting.com is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. FLV Hosting.com will not act as an arbitrator, but will honor any ICANN decisions.
More about Domain Renewals
If we are unable to secure payment before the domain renewal date, the domain name will expire.
Forty (40) days after a domain renewal date, a domain name will be released by the Registrar and made available to the general public for re-registration.
After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
If we receive a dispute of payment, a chargeback or a request for a refund from your credit card FLV Hosting.com for a renewed domain name, FLV Hosting.com may take over the ownership of the domain name in question.
The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, FLV Hosting.com assumes responsibility only for processing such renewal request with the Chosen Registrar. FLV Hosting.com disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
FLV Hosting.com bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.
Transferring a Domain to FLV Hosting.com
If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. FLV Hosting.com shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer's failure to comply with such terms, conditions, procedures and/or policies.
While FLV Hosting.com will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
Sub domains are set up for clients to ensure a working account. It is not essential to use these sub domains as you can add your own. Sub domains of the server -- example videos.flv5.com are set up at the sole descrection of FLV HOSTING and are for internal use only. Clients setting up sub domains of the server their account resides on WILL be deleted. If you do require sub domains you MUST add your own domain to the account and set up sub domains of that domain.
sub domain could be myvideos.yourvideos.com
Standard and Private-Label Reseller Programs
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to FLV Hosting.com Wholesale and Private-Label Resellers.
The Reseller agrees, on behalf of both the Reseller and each Customer signed up by the Reseller, to comply with these Terms of Service.
In the event that a Reseller or a Reseller's Customer is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
FLV Hosting.com is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify FLV Hosting.com from and against any and all claims made by any Customer that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
FLV Hosting.com reserves the right to revise its Wholesale and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online.
Customers who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
Resellers cannot make any modifications to the FLV Hosting.com Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). FLV Hosting.com is not responsible for any modifications made to the Terms of Service by Resellers.
Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Customers. FLV Hosting.com reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.
Waiver of Jury Trial
Both you and FLV Hosting.com hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and FLV Hosting.com each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Limitations of Liability
FLV Hosting.com operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where FLV Hosting.com must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
FLV Hosting.com AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH FLV Hosting.com IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY FLV Hosting.com.
YOU AGREE THAT ALL ACCESS AND USE OF FLV Hosting.com AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL FLV Hosting.com BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLV Hosting.com SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of The State of Florida having jurisdiction over you. The Terms and the relationship between you and FLV Hosting.com shall be governed by and interpreted in accordance with the laws of The State of Florida, United States of America, without reference to its principles of conflicts of law.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Acceptable Use Policy
We've developed this Acceptable Use Policy (AUP) to help our Customers understand their responsibilities when using our services. It explains our polices regarding activities that may be harmful to our Customers or compromise the efficiency of our shared hosting environment.
We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this AUP or the nature of the Internet as an open, efficient method of communicating and conducting business.
To meet the changing needs of our Customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage you to review this AUP on our Web site periodically.
I. Rights and Responsibilities
Lawful Use. Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:
Child Pornography. We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. Prohibited activities include possession, manufacturing and distribution of child pornography, online enticement of children for sexual acts, child prostitution, and child sex tourism.
When we become aware of the presence of child pornography that is on or being transmitted through our network, the associated Web site will be suspended and reported to law enforcement agencies as required by law. Online Gambling. You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities.
U.S. Export and Import Laws. Customers may not use our services to engage in a violation of U.S. export and import control laws. Violation of these laws may include selling products that are legal to sell in the U.S., but illegal to export; or legal to sell in one country, and illegal to sell in the U.S. Customers may not use our services to aid individuals with whom U.S. citizens may not do business.
Electronic Crimes and Security. We take the security of our network, facilities and our Customers seriously. Customers are prohibited from engaging in the activities set out below and any other activities that create a security risk for us and our Customers. Illegal or Unauthorized Access to Other Computers or Computer Networks. FLV Hosting.com prohibits attempts to access, monitor or disrupt another's account, computer, computer network, or security measures. In addition, any activity that may be seen as precursor to an attempted system penetration (for example: port scan, stealth scan, or other information gathering or monitoring activity) is forbidden.
Customers are also prohibited from attempting to circumvent security in order to obtain access to services on FLV Hosting.com servers that are not provided in your account. Customers cannot scan our network or other networks with the intent to breach and/or evaluate security vulnerabilities. It will be considered a violation of this AUP for you to attempt to breach or to breach the security or firewall systems of , its Internet access provider, or any affiliates. If you become aware of such an attempt to breach or actual breach, please notify using the contact information listed above.
We reserve the right to engage in the activities set out in this paragraph in order to improve the security of our services and investigate security breaches.
Engaging in Destructive Activities. Customers may not engage in the act of sending or distributing malicious code or information regarding the creation of Internet viruses, worms, Trojan Horses, mail bombing or denial of service attacks. "Destructive Activities" includes, but is not limited to, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding and any other activity that may be deemed harmful and that may result in a denial of service against any computer or computer network. Intruding into a FLV Hosting.com's network to alter, access, steal, disable or destroy data, including personal, financial, proprietary, or to use the services of the host computers is also prohibited. This prohibition extends to activities that disrupt the use of, or interfere with the ability of, others to use a computer network and any connected network, system, service, or equipment. These types of activities are not only harmful to the shared hosting environment but also slow and cause damage to the entire Internet.
Other Illegal Activities. Customers are not allowed to engage in activities that are deemed illegal by FLV Hosting.com. These activities include advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes; fraudulently charging or collecting credit card information; or pirating software. All material on our network and servers must comply with United States laws. In addition, all material placed on our network and servers by our Customers must be legal in the Customer's own jurisdiction.
Pornography. No Customer shall use FLV Hosting.com's services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed. Intellectual Property. Customers may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. FLV Hosting.com will cancel the account of any Customer who knowingly infringes intellectual property laws.
Common instances leading to intellectual property violations involve the unauthorized use of pictures, framing another's Web site within your own without permission and using another's trademarks without their permission to promote competing goods or services.
The Digital Millennium Copyright Act (DMCA). If you believe your copyright interests have been infringed, and Customers who receive DMCA notices from us, are encouraged to become familiar with the provisions of the DMCA by going to this link: http://www.copyright.gov/legislation/hr2281.pdf .
Copyright infringement. To report an infringement, copyright holders must send "proper notice" to our General Counsel. It is the copyright holder's obligation to draft its notice in a way that makes the claim easy to and identifies the source of the complaint."Proper notice" contains the following:A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Actual identification of the material you claim violates your copyright, or if there is more than one violation, a representative list.
Sufficient information to enable us to locate the material you claim infringes your copyright. Please include the URL, rather than a description of the content.
Information that enables us to contact you. Anonymous DMCA complaints will not be honored.
The following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
The following statement: "Under the penalty of perjury I state that the information contained in my complaint is accurate and I am authorized to act on behalf of the owner of the copyright I claim is infringed."
Pursuant to the DMCA, we have designated our General Counsel as our agent for receipt of DMCA notices. All DMCA notices must be sent to the General Counsel. We have no obligation to review DMCA notices not directed to our General Counsel, to respond to DMCA complaints that do not comply with the DMCA, or which are characterized as DMCA complaints, but make other allegations.
In the event that removes or disables access to material claimed to be a copyright infringement, FLV Hosting.com may (but is not required to) attempt to contact the Customer who has posted such material in order to give that Customer an opportunity to respond to the notification. Any and all counter notifications submitted by the Customer will be furnished to the complaining party. FLV Hosting.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before FLV Hosting.com replaces or restores access to any material as a result of any counter notification.
Trademark Infringement. We consider a Trademark Infringement to be any use of a trademark, service mark, trade dress or other identifying mark, word, phrase, color, picture or layout that could lead to confusion between a Customer's use and the use by the holder of a valid trade or service mark.
We evaluate allegations of trademark infringement upon receipt of "proper notice." Proper notice consists of:
Identification of any URL that allegedly infringing protected material;
A verifiable statement of ownership;
A statement that you believe the disputed use is not authorized by the trademark owner or by law;
Information that enables us to contact you; and
A physical or electronic signature of the trademark owner, or person authorized to act on behalf of the owner.
It is our policy to terminate the services of Customers for whom we have received multiple proper notices alleging infringement of the same or similar copyrights.
FLV Hosting.com Copyrighted Material. It is also our policy to protect its own intellectual property rights. The use of content or marks found on our Web site, or use of the name "FLV Hosting.com," without the prior written consent of FLV Hosting.com, is prohibited. Any infringement of 's intellectual property rights will result in immediate termination by of the infringing 's contract.
We do, however, want to provide our Customers with the information and access they need to create a successful online presence and will permit fair use of our trademarks when it is possible and appropriate.
Any questions about what constitutes fair use versus infringement should be directed to our General Counsel.
Disruptive Activity and Communications. Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or FLV Hosting.com services by others. Disruptive activities include, but are not limited to:
Spamming - Because SPAM can impair our ability to deliver quality services, Customers are prohibited from sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act ("SPAM") of 2003. It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.
To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm .
It is our policy to cancel accounts that experience a pattern or history of sending e-mail that is the subject of legitimate SPAM complaints from third-parties. We investigate all complaints and take the appropriate action given the circumstances and history of non-compliance.
It is a violation of this AUP to commission a third party to send e-mail that is in violation of it, even if that third-party does not use FLV Hosting.com systems, networks or resources.
E-mail not in compliance with this AUP - regardless of source - which contains any reference to a Web site hosted by us or contains any reference, link, to a network or system of FLV Hosting.com is prohibited.
FLV Hosting.com reserves the right to cancel or suspend your account, at our sole discretion and without notice, for situations involving SPAM violations.
Offensive Communication - harassment, defamation, libel and hate speech - Customers are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libelous or malicious. Whether a particular activity is within scope of this prohibition is solely within our discretion.
We generally consider harassing activity - or harassment - to be the act, or intention, of intimidating, threatening or otherwise tormenting others using our services. Harassment can result from the language used, or the frequency or size of a message. Hate speech or literature includes, but is not limited to, anything that prejudices, creates a hostile bias or grossly defames a group.
Use of Our Services.
Unauthorized Reselling or Providing Access to Account Services. Customers cannot resell or provide access to e-mail services, tools or access codes/passwords that are not being used to maintain a Customers account. Nor can Customers sell or give any type of script installed on FLV Hosting.com's servers.
You, the client, is responsible for installed programming, website setup and maintenence free from exploits. FLV Hosting PRIMARY hosting is VIDEO STREAMING, not regular http hosting. While we do provide space for http hosting, it as a courtesy. Therefore, as such, priority is given to video streaming accounts.
Internet website coding, by nature is subject to exploit by worms, attacks, and script "bots". It is client responsibility to stay up to date, informed and install latest patches, blocks or other methods to ensure safe usage of scripts within a website. FLV Hosting can provide PAID support to assist with additional security, but does NOT supply such as a matter of course. Scripts can be researched and remedies/precautions sought on a case by case basis, contact support for such matters.
Customers may not use, or permit programs on their Web site, such as CGI, Perl, PHP, etc, which intentionally or unintentionally allow third-parties to utilize your scripts in a manner that violates this AUP interfreres with accounts, injects malicious code or other breach of normal operation.
Common script exploitations include security breaches that third-party use to access your Web site files or directories, spam that third-party use to send e-mail that is not in compliance with the CAN-SPAM act. Please be aware, these exploitations can happen when Customers introduce new scripts, or modify the scripts that we provide.
Customers must immediately modify or deactivate offending scripts. We reserve the right to temporarily suspend your account, modify or deactivate offending scripts, or take other action we deem necessary to address or prevent violations of this AUP.
Other Activities or Information. Customers are prohibited from taking part in any activity or information, lawful or unlawful, that could be considered harmful, offensive or controversial for FLV Hosting.com, its Customers or third-parties. When evaluating an AUP violation, we consider whether we could reasonably foresee our Customers, operations, reputation, goodwill or general Customer relations being negatively impacted by the activity or information.
Requests for information about you and your use of our services. We have an obligation and a duty to respond to subpoenas and other legitimate requests for information about your account and your use of our services. You should not assume that any information will remain confidential.
II. Remedies and Action
In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, shutting down a Web site, blocking offending transmissions, deleting an account and all associated information and files.
No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.
Presenting Complaints and Notice.
We reserve the right to use our best judgment to determine who bears the
burden of proof for alleged AUP violations. We also reserve the right to take
any and all action that we deem appropriate And bear no responsibility for
verifying/investigating complaints and responses.
Revised Jun 30th 2008