Carefully read the following terms and conditions of this agreement. By accessing and using the web services of Flux Services, Inc. ("Flux Services"), you (“Customer”) indicate the acceptance of the following terms and conditions and you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE THE FLUX SERVICES WEBSITE SERVICES.
This agreement constitutes the complete and exclusive statement of the agreement between you and Flux Services with respect to the Flux Services Website Services.
Now, therefore, in consideration of the mutual covenants set forth herein, Flux Services and Customer agree as follows:
1.Order Acceptance, Payment.
A.All orders are subject to acceptance by Flux Services. An order will be deemed accepted by Flux Services when Flux Services sends confirmation of the order to Customer via a Welcome Email.
B.Flux Services shall charge Customer’s credit card for the applicable fees, monthly fees, or annual fees, according to the Package(s) as selected by Customer and provided by Flux Services. Flux Services reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer. Customer must provide Flux Services with a valid credit card number to which Flux Services will automatically charge all Flux Services fees as they become due. All monthly fees and set-up fees shall be due in advance of the month incurred and all additional charges shall be due every month on that day which such charges are incurred. Except as provided in Section 3, the set-up fees are non refundable for Services such as Domains and Traffic and Flux Services does not issue pro rata refunds for fees paid in advance. If payment by Customer’s credit card is denied, or Customer’s charge is returned to Flux Services for any reason, including charge back or Customer otherwise fails to make any payments owing to Flux Services, Flux Services may, at Flux Services discretion, suspend or terminate access to the Flux Services Website Services and/or terminate this Agreement. Customer’s right to use the Flux Services Website Services are subject to any limits established by Flux Services or by the issuer of Customer’s credit card. A 15-Day grace period may be given to correct unpaid balances.
2.Flux Services Website Services.
A.During the term of this Agreement, Flux Services shall provide software services to Customer according to the Package(s) accepted by Customer (the “Flux Services Website Services”). “Package” means one of Flux Services business and/or electronic commerce service offerings, as can be found on Flux Services Web site at http://www.UltraWebsiteHosting.com. The specific Package to be provided to Customer shall be established by correspondence between Flux Services and Customer. Such Package shall be deemed incorporated by reference into this Agreement, as if fully set forth herein.
B.At Customer’s request, Flux Services will acquire an Internet Second-Level Domain Name (“Domain Name”), from the Contracted Registrar on behalf of Customer. Customer’s request for and/or acceptance of a Domain Name obtained by Flux Services shall in all cases constitute Customer’s waiver of any and all claims which Customer may have, or which may later arise, against Flux Services or its third party providers, for any and all damages, losses, claims or expenses arising our or related to the acquisition, registration and/or use of the Domain Name. Any cost incurred by Flux Services to obtain and/or maintain the Domain Name on behalf of Customer shall be charged to Customer by Flux Services. Request for and acceptance of a domain name requires Flux Services to supply the domain name to the Contracted Registrar, which in turns supplies the Domain Name to third parties. Flux Services will be the sole billing and technical contact for the Domain Name. Domain name renewals automatically incur 30 days before order anniversary to prevent expiration and downtime of the domain unless customer cancels the renewal 31 days before the expiration date. Domain registration renewals and new orders will not be processed until client account balance is in positive standing.
C.Exceeding Web Site Traffic Limitations: If a site exceeds its maximum monthly allotment of traffic, the site will become unavailable until the beginning of the next calendar month unless customer chooses to upgrade his/her hosting package. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools. Flux Services will not be held responsible for any material or loss of income as a result of site unavailability.
3.Limited 45-Day Money-Back Guarantee and Refunds.
Flux Services offers a fourty-five (45) day money back guarantee on each Shared Hosting Package, but not including Dedicated Servers, Reseller Plans, Domain Registration, SSL Certificates, Consultation and other services. If Customer is not completely satisfied with the Flux Services Website Services provided under such Hosting Package within the first fourty-five (45) days, Customer may cancel this Agreement by notifying Flux Services via contact page form or to the address listed in Section 7C. In such case, Customer will receive a refund of amount paid, on verification, on pursuant to this Agreement, except for any set-up fees if applicable, which are non refundable. After the initial fourty-five (45) day period, the Flux Services Website Service shall be deemed accepted for all purposes, provided no written claim has been received by Flux Services within such fifteen (45) day period. After the provided 45 day period there is a $20 fee for early cancellation of hosting terms of three months or greater. Hosting accounts that are terminated due to abuse, excessive server load, illegal activity or breach of this agreement in anyway are non-refundable.
4.Rules and Regulations.
From time to time Flux Services may impose reasonable rules and regulations regarding the use of the Flux Services Website Services. Such rules and regulations are called acceptable use policies.
A.Illegal use. Using the Services to transmit or store any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
B.Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam. This also includes phishing websites and backend scripts such as malware and virii.
C.Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Flux Services whether or not the intrusion results in the corruption or loss of data.
D.Copyright or trademark infringement. Using the Services to transmit or store any material (by email, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal or storage of copyrighted software are prohibited on our service. This also includes warez, cracking and hacking websites which promote illegal activities and copyright violtation.
E.Adult oriented websites. We do not host adult websites or websites of a sexual orientation.
F.SPAM. Transmitting mass e-mail to an untargeted audience and/or that has not opted to receive such an e-mail. We have a zero tolerance SPAM policy. Any account that is utilized to send out SPAM will be terminated without notice. Any account terminated for SPAM is subject to a $300 administration fee, this fee will be charged directly to the credit card on file. In addition, any losses incurred by Flux Services because of said action will be the direct responsibility of the account holder.
G.Excessive loading of server. If a website is deemed to occupy an excessive amount of load on the server's processor/RAM which interupts services or other client functionality, the account holder will receive warning to reduce the load of the site or upgrade to a dedicated server plan. User account load on a shared or semi-dedicated account of 25% or more of system resources for longer then 90 seconds is deemed over-excessive. This includes CGI scripts, FTP, PHP, HTTP, etc. If load is not reduced or account upgraded, the account may be terminated. If the load is effecting server performance dramatically an immediate suspension may be performed. Accounts suspended due to excessive processor loads may be subject to a $100 administration fee. This fee will be charged directly to the credit card on file. Accounts that are not in positive billing standing may remain suspended until payment is received and do not receive a 15-day grace period benefit.
H.Bulk Emailing. Transmitting mass e-mail. Bulk mailing to an opted list under account holder control is allowed with an account limit of 150 emails per hour per domain. Bulk safelist sending and receiving are not permitted under our services due excessive strains on servers. Accounts that are found to be bulk emailing and causing excessive server load fall under section 4.G.
I.Bots/Services/Daemons. The use of bots, unauthorized services or daemons of any kind are not permitted on shared hosting servers. IRC usage is also not permitted on shared servers.
J.Gaming services. Gaming scripts, including teamspeak and bots along with map downloads are prohibited on our shared and semi-dedicated accounts.
K.Reseller Rights. Shared accounts may not resell web hosting to other individuals. A reseller account is required to resell hosting.
L.Proxies. The use of an account to create a proxy or relay is prohibited.
M.Archiving. The use of an account for file storage, file mirroring or archiving is strictly prohibited on our shared and semi-dedicated servers.
N.Banking/Conversion. Websites used for monetary exchange such as banking and conversion websites are strictly prohibited on all of our services.
O.Threatening/Harassing. Defamatory, slanderous, trade libelous, threating or harassing websites are prohibited on all of our services.
P.Virus/Programming Defects. Accounts which contain viruses or other computer programming defects which result in damage to Flux Services or any third party.
Q.Torrent sites are prohibited.
R.Hacking Sites. Hacking related sites are strictly prohibited on all of our services.
S.Paid to Surf Scripts. GPT, Paid to surf and PTC scripts are not allowed on any shared hosting plans due to their very high processor load requirements. A dedicated server plan is required.
T.Inode Limit. Shared hosting plans are limited to 200,000 inodes. If this number is exceeded an upgrade to a semi-dedicated plan or greater will be required. Every file including web pages, images, email, web stats, etc count as 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage will need to be upgraded to a better suited hosting plan. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
5.License Grant.
During the term of this Agreement, Flux Services grants to Customer a non-exclusive, personal, non-transferable license to access and use the Flux Services Website Services solely on and as part of Flux Services World Wide Web site and servers. Flux Services may modify the Flux Services Website Services at any time for any reason and may provide modified versions of the Flux Services Website Services to Customer.
6.Intellectual Property Rights.
Customer acknowledges and agrees that the Flux Services Website Services constitute confidential and proprietary information of Flux Services and its licensors and embodies trade secrets and intellectual property of Flux Services and its licensors protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of the Flux Services Website Services, including, without limitation, associated intellectual property rights, are and shall remain with Flux Services and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the Flux Services Website Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Flux Services Website Services. Customer hereby acknowledges that, if Flux Services at any time or from time to time performs any customizations or modifications to Flux Services Website Services, all rights and interests to such customizations or modifications shall be the sole property of Flux Services.
7.Term and Termination.
A.This Agreement shall have an initial term of one (1) month and shall thereafter automatically renew for successive one (1) month periods. This Agreement and Customer’s access to the Flux Services Website Services shall terminate as follows: (i) Either party may terminate upon thirty (30) days prior notice; (ii) Flux Services may immediately and without prior notice terminate upon a violation by Customer of Flux Services acceptable rules and regulations; (iii) Flux Services may terminate immediately and without prior notice in accordance with Section 1; and (iv) Flux Services may terminate immediately if, after 15 days prior notice to Customer, Customer has failed to correct any breach of this Agreement.
B.Upon any termination in accordance with Section 7(A)(i), and a billing account of good standing, Flux Services Shall permit Customer forty-eight (48) hours to download or otherwise copy any of Customer’s information and data residing on Flux Services facilities prior to removing such information and data from Flux Services facilities. Upon termination by Flux Services under Sections 7(B)(ii), (iii) or (iv), Flux Services may immediately remove all of Customer’s data and information from Flux Services facilities and Customer shall have no right to copy or download such data or information, and, in such event, all such information and data, including all copyrighted or copyrightable material therein, shall then become the property of Flux Services. In cases where Customer’s account has been cancelled, and Customer is requesting reactivation, Flux Services, at it’s option, may reactivate the same account, only if the account had been cancelled less than sixty (60) days prior. After sixty (60) days, Customer will be required to set up a new account.
C.To cancel a Flux Services Website Service. Customer should contact Flux Services via e-mail form or send a request via mail to Flux Services, P.O. Box 731724 Puyallup, WA 98373 USA, Attention: Website Service Cancellations. For assurance of delivery, Flux Services recommends that requests for cancellation are sent via certified mail. Contact via e-mail form requires authorization reply to complete cancellation.
D.Sections 1, 6, 8, 9, 10, 11, 12, 13, and 14 shall survive any termination of this Agreement.
8.Exclusion of Warranties.
Flux Services PROVIDES THE Flux Services WEBSITE SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.
While Flux Services makes reasonable efforts to maintain the Flux Services Website Services, many factors are not within Flux Services control. Therefore, Flux Services does not warrant, and is not responsible for (even if caused by the negligence of Flux Services) any loss of data, delays, non-delivery or mis-delivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to Flux Services own negligence, viruses or other third parties. Customer’s data is defined as any data held by Flux Services and includes account information, web hosting data, email and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers.
Flux Services has the right to change prices, or add or delete product features of any existing product or service. The right to change packages or services extends to any product or service. Flux Services reserves the right to change prices or material features at any time upon 30 days prior notice. Flux Services reserves the right to institute new fees or new material features at any time upon 30 days prior notice. Flux Services has the right to discontinue products or services and the right to remove or reassign IP addresses of a customer’s web site. Flux Services also has the right to deactivate a customer’s service with a thirty (30) day notice. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.
9.Limitation of Liability and Damages.
THE TOTAL AGGREGATE LIABILITY OF FLUX SERVICES TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO Flux Services BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH Flux Services IS LIABLE TO CUSTOMER. IN NO EVENT SHALL Flux Services BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT Flux Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.Confidentiality.
Customer acknowledges that by reason of its relationship with Flux Services, it may have access to certain information and materials relating to Flux Services business, customers, software technology and marketing which Flux Services treats as confidential (collectively “Confidential Information”). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of Flux Services; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
11.Indemnification.
Customer shall indemnify and hold Flux Services harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of Customer or its clients which are in any way related to the Flux Services Website Services.
13.Force Majeure.
Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of Nature, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
14.Miscellaneous.
Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of Flux Services, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners. Flux Services may subcontract any work, obligations or other performance required of Flux Services under this Agreement without consent of Customer. Other than the termination of this agreement, all notices provided hereunder sent by email, mail or certified mail to Flux Services, will be effective upon transmission. Flux Services has the right to amend the Agreement from time to time, and will do so by posting the new Agreement on the Flux Services web site under the Service Agreement link on the footer of the main page.