All Flighthost LLC customers must abide by the following Terms and Conditions:
WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement (this 'Agreement') sets forth the terms and conditions of your use of Flighthost LLC for web hosting services. You certify that you are at least 18 years of age. To become a Flighthost LLC account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by Flighthost LLC. This Agreement will become effective when accepted by Flighthost LLC By posting notice 30 days in advance at a web page available on our web site (http://flighthost.com), Flighthost LLC may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
Flighthost LLC is the sole owner and operator of thePCIHost.com. For the purposes of this agreement, a client of thePCIHost.com is considered a full client of Flighthost LLC and agrees to and is bound by the complete agreement set herein. For the purpose of this document all references made to Flighthost LLC, Flighthost.com or thePCIHost.com are understood to mean Flighthost LLC.
1. Scope of Services and Your Obligations
1.1. This Agreement defines the terms and conditions of Flighthost LLC's services as offered by Flighthost LLC and used by you, including the provision of web hosting services on Flighthost LLC's servers and connectivity to the Internet (the 'Services'). Flighthost LLC will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Flighthost LLC maintains control and ownership of any and all Internet protocol ('IP') numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
1.2. As part of the Services, Filghthost.com will also provide your own web-based control panel (the 'Control Panel') containing links to your payment history, summaries of the Services you have chosen, newsletters and other current information.
1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the 'Upload Materials') to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar and gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Flighthost LLC assumes no responsibility to provide you with such knowledge.
1.4. In connection with the Services, Flighthost LLC may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the 'Tools'). Access to these Tools may be accessed via your Control Panel. These Tools are copyrighted and proprietary property owned by Flighthost LLC. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.
1.5 Every hosting account with Flighthost LLC features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by calling the Customer Service number or using the form located at: http://flighthost.com/forms/close_account.php, we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Fees for additional services such as custom website programming, PCI Scanning Service, SSL Certificates and Search engine optimization are not refundable.
1.6. For server restoration purposes only, Flighthost LLC makes full back-ups of websites weekly, and backups of new/changed data nightly; however, Flighthost LLC makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of Flighthost LLC, Flighthost LLC will attempt to recover the data for no charge. Otherwise, Flighthost LLC will attempt to recover the data from the most recent archive for a $50 fee.
1.7. Flighthost LLC reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Flighthost LLC will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Flighthost LLC's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the 'CDA') or any other applicable law.
1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the 'DMCA') and acknowledge that Flighthost LLC is a 'service provider' under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Flighthost LLC will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Flighthost LLC has a policy of terminating accountholders who are copyright infringers.
1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Flighthost LLC's servers nor the links to other websites are screened, approved, reviewed or endorsed by Flighthost LLC. Flighthost LLC is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Flighthost LLC's statements of advice, opinion or information.
2. Limited Warranty; Limitation of Liability; Indemnification
2.1. Limited Warranty. You acknowledge that the Services are provided 'as is.' Neither Flighthost LLC , nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Flighthost LLC is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Flighthost LLC be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
2.2. Limitation of Liability. IN NO EVENT SHALL Flighthost LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE FLIGHTHOST LLC'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF FLIGHTHOST LLC'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FLIGHTHOST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FLIGHTHOST LLC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO FLIGHTHOST LLC FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FLIGHTHOST LLC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You agree to indemnify, defend and hold Flighthost LLC and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Flighthost LLC's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Flighthost LLC's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Flighthost LLC's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
2.4. With respect to PCI Certification and Security scanning, Flighthost LLC does not warrant that the existence of any such certification nor the passage of any security scanning completed by Flighthost LLC or an authorized third party constitutes any guarantee against intrusion, denial of service attacks, theft of data or any other malicious activity against any component of the network, computer servers, or any individual websites hosted by Flighthost LLC. PCI Certification and a successful security scan only signify that the server and network meets current criteria set by the PCI Security Standards Council. Client assumes all legal and monetary liability levied against them by third parties for all activities related to PCI Security Standards and ecommerce transactions conducted on or through any network owned, controlled, operated or contracted for by Flighthost LLC and agrees to hold harmless Flighthost LLC for any such liability and or losses.
3. Payment of Fees
3.1. Flighthost LLC will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found at the http://flighthost.com.
3.2. You agree to provide Flighthost LLC with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.
3.3. You acknowledge that Flighthost LLC will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by Flighthost LLC on an on-going basis during the term of this Agreement. Your account will automatically renew unless cancelled prior to the renewal date. Reminder invoices will be sent 30 days before your renewal.
3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended after 7 days of your account being delinquent, and Flighthost LLC will insert a message at your website indicating your suspension that visitors to your website will see. Notwithstanding any other rights Flighthost LLC may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 21 days. Flighthost LLC accounts continue to accrue charges while they are delinquent or if the Services are suspended.
3.5. You acknowledge responsibility for your account until payment in full is made.
3.6. Flighthost LLC will not allow any changes to your domain name registration at any time that your account is past due. Accounts closed for non-payment with domain names purchased through Flighthost LLC or it's agent will forfeit ownership of their domain names until the account is paid in full.
3.7 In the event a user has multiple accounts and any of those accounts become past due under the terms listed above all accounts owned by the user are subject to suspension until the user pays any past due amounts.
3.8 Flighthost may at it's discretion submit past due accounts to the collection agency of our choice after the account is at least 30 days past due. In the event Flighthost submits your information to a collection agency a fee of 25% of your past due balance will be added to your account.
4. Acceptable Uses
4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: firstname.lastname@example.org.
You are responsible for all use of your website, with or without your knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
When Flighthost LLC becomes aware of possible violations of this Agreement, Flighthost LLC may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Flighthost LLC's servers. Flighthost LLC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD FLIGHTHOST LLC HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY FLIGHTHOST LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM FLIGHTHOST LLC AS A RESULT OF FLIGHTHOST LLC'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FLIGHTHOST LLC'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Flighthost LLC's servers. You may not post, upload or otherwise distribute copyrighted material on Flighthost LLC's servers without the consent of the copyright holder.
Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.
Flighthost LLC supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Flighthost LLC will not substitute itself for a court of law in deciding tort claims raised by the third party.
4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Flighthost LLC by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it, either at Flighthost.com or elsewhere. Flighthost LLC recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Flighthost LLC may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
Violations of the Flighthost LLC policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Flighthost LLC's resources are affected, Flighthost LLC staff may shut down your mailbox.
4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Flighthost LLC or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
If you are involved in violations of system security, Flighthost LLC reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents.
4.5. System Resources. System abuse includes any use of Flighthost LLC resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of Flighthost LLC's system resources is an undue burden on Flighthost LLC's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.
Further, running programs in the background on a Flighthost LLC server without Flighthost LLC's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of Flighthost LLC's servers.
5. Flighthost LLC's Right to Terminate Agreement
(a) Flighthost LLC reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Flighthost LLC, in its sole discretion, believes violates this Agreement or is otherwise harmful to Flighthost LLC's interests or the interests of other accountholders. (b) Flighthost LLC also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
Flighthost LLC will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Flighthost LLC, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Flighthost LLC has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Flighthost LLC to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
6. Cancellation of Accounts
6.1. You may cancel your Flighthost LLC account by contacting Customer Service or by using our web based client area. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. 6.2. All Flighthost LLC accounts must be paid in full before the cancellation will be considered complete. 6.3. If your account is suspended or terminated for any reason permitted by this Agreement, Flighthost LLC may, at its sole discretion, permanently delete your website contents from Flighthost LLC servers, and Flighthost LLC will not be able to reopen or restore such content.
7. Arbitration; Governing Law
7.1. Except for Flighthost LLC's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Flighthost LLC pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of Flighthost LLC's servers, such controversy or dispute shall first be presented for resolution by Flighthost LLC and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Delaware, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).
7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, Ohio, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.
You may not assign your rights and obligations under this Agreement without the prior written consent of Flighthost LLC, which may be withheld at Flighthost LLC's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Flighthost LLC to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Flighthost LLC of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Flighthost LLC. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement, the Online Order form, and the Flighthost LLC Acceptable Use Policy Statement, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Flighthost LLC and supersede and govern all prior proposals, agreements, or other communications.
Flighthost LLC has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.
Customer represents and warrants to Flighthost LLC that the information he, she or it has provided and will provide to Flighthost LLC for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Flighthost LLC that he or she is at least 18 years of age. Flighthost LLC may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. Flighthost LLC takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Flighthost LLC ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(8.1) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Flighthost LLC at the time of a service outage.
(8.2) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - Flighthost LLC endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Flighthost LLC to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Flighthost LLC's online ticketing system. Flighthost maintains the support and ticketing system on a completely separate Server and NOC from our primary hosting environment to minimize the chance of both systems being unreachable simultaneously
Flighthost LLC's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Flighthost LLC network.
(8.3a) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Flighthost LLC will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (8.3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Flighthost LLC,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Flighthost LLC's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Flighthost LLC's 'Terms & Conditions and AUP' causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Flighthost LLC provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Flighthost LLC obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless Flighthost LLC, Flighthost LLC's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Flighthost LLC AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Flighthost LLC'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Flighthost LLC'S SERVER.
Disclaimer of Warranties
Flighthost LLC does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Flighthost LLC disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Flighthost LLC and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.
Suspension of Services/Termination
Customer agrees that Flighthost LLC may suspend services to Customer without notice and without liability if: (i) Flighthost LLC reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Flighthost LLC reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Flighthost LLC reasonable reinstatement fee if service is Flighthost LLC following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Flighthost LLC fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Flighthost LLC prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Flighthost LLC describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request For Customer Information
Customer agrees that Flighthost LLC may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Flighthost LLC believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Changes To Flighthost LLC's Network
Upgrades and other changes in Flighthost LLC's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Flighthost LLC reserves the right to change its network in its commercially reasonable discretion, and Flighthost LLC shall not be liable for any resulting harm to Customer.
Notices to Flighthost LLC under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Flighthost LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Flighthost LLC's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Ohio, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Flighthost LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Flighthost LLC's prior written consent. Flighthost LLC's approval for assignment is contingent on the assignee meeting Flighthost LLC's credit approval criteria. Flighthost LLC may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on Flighthost LLC's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
Flighthost LLC reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Flighthost LLC if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
Flighthost LLC may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month's payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Flighthost LLC's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Flighthost LLC or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Flighthost LLC network. If YOU use a domain name in connection with Flighthost LLC or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Flighthost LLC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Flighthost LLC will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Flighthost LLC a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Flighthost LLC under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
Flighthost LLC shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Flighthost LLC. Flighthost LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
Except as otherwise desribed or modified by this agreement, YOU agree to pay Flighthost LLC prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Flighthost LLC price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Flighthost LLC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Flighthost LLC to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Flighthost LLC) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Flighthost LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Flighthost LLC will reinstate YOUR domain name registration solely at Flighthost LLC's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Flighthost LLC
YOU agree to pay Flighthost LLC prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Flighthost LLC price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Flighthost LLC reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Flighthost LLC to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Flighthost LLC) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Flighthost LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Flighthost LLC will reinstate YOUR domain name registration solely at Flighthost LLC discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Flighthost LLC's normal operating policy is to submit a renewal invoice to the customer for any domain name renewal 30 days prior to the expiration date. If YOU do not cancel the renewal prior to the expiration date we will automatically charge your credit card on file for the invoiced amount and renew the domain name on your behalf. Domain name renewals cannot be refunded after they are completed.
Transfer domain away from Flighthost LLC
Flighthost LLC reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Flighthost LLC will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Flighthost LLC reserves the right to refuse service to anyone. YOU may only use Flighthost LLC server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Flighthost LLC management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Flighthost LLC may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Delaware, Ohio, and any dispute will be litigated or arbitrated in Delaware, Ohio. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Delaware courts. IN NO EVENT SHALL Flighthost LLC'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Flighthost LLC follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.