Terms of Service

By purchasing one of our websites and hosting package you agree to the following: 

 

Acceptable Use Policy (AUP) and Terms of Service (TOS)

FlexiWeb issues this document. The company shall be known throughout this document as FlexiWeb.

FlexiWeb agrees to provide the client web hosting for a annual fee. Clients are allowed to use the service for business/commercial or personal websites or content.

 

Content:

All services provided by FlexiWeb may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Irish (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless FlexiWeb from any claims resulting from the use of the service which damages the subscriber or any other party. A fair usage policy applies to all shared hosting accounts.  Each hosting account will be provided with 506MB Disk Quota; 1GB Monthly data transfer.  If any of these quotas are reached your account will automatically be deactivated.  You can monitor all data usage through your domains control panel.   Please note: Your account is not to be used as a file store rather than to store active webpages/files which are publicly accessible from the Internet.

 

Adult Content:

Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. FlexiWeb will be the sole arbiter as to what constitutes a violation of this provision. Examples of non-acceptable content or links:

  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Porn
  • Spamming Software

 

Background-running Programs:

FlexiWeb do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

 

Banned Scripts:

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, FlexiWeb reserves the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

  • Chat servers/scripts of any kind are strictly prohibited.
  • Formmail is not allowed on our servers.

You can use formmail scripts but they must be up to date and not running with the filename “formmail”. Any files named “formmail” will be deleted without notice.

The installation of Proxy servers is prohibited. Any Proxy scripts found on the FlexiWeb web servers will be removed without notice.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties.

 

Social Media Connectivity:

Social media connectivity of your site to your Facebook Page or Twitter Feed etc. are created using third party plugins.  FlexiWeb cannot guarantee the reliability of these plugins or can FlexiWeb guarantee that these plugins will continue to be updated by the author.  If the plugins cease to function either through malfunction or because of plugins project being abandoned, it will be the websites owner responsibility to either replace the plugin with another or attempt to reinstall it if need be.   

 

Resource Usage

User may not:

  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at an y point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes

 

Exceeding Your Plan’s Bandwidth

If you exceed your monthly bandwidth, you will be charged a small overage fee to cover the amount of bandwidth used (currently €1.50 + vat per Gb over the allocated monthly limit). When you reach 80% of your bandwidth limit for the month, we will endevour to email the contact on your account a warning that you are approaching your bandwidth limit. Another notification may be sent when you reach 100% of your account’s bandwidth limit.

If you exceed your bandwidth limit for the month, your account may be restricted. This restriction can be removed by contacting our support team. Overage charges will apply on all usage over the specified limit, regardless of whether your account is restricted or not. At the end of the month, your bandwidth overage will be totalled and you will be charged a per megabyte usage fee.

 

Intellectual Property Rights:

Material accessible to you through FlexiWeb’s Services may be subject to protection under Irish (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the FlexiWeb Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the FlexiWeb Network. If you use a domain name in connection with the FlexiWeb Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

 

Network Security:

Customers may not use the FlexiWeb 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 the customer, logging into a server or account the customer is 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. Customers 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. FlexiWeb will co-operate fully with investigations of 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. FlexiWeb reserves the right to modify firewall and/or security settings on its shared network while it carries out security reviews. This includes limiting outbound email in some circumstances.

 

Defamation:

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

 

Refusal of Service:

FlexiWeb reserves the right at its sole discretion to refuse or cancel service. Violation of any of FlexiWeb’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of their hosting period. Domains terminated due to policy violations will not be released to the customer (e.g Fraud).

 

Spam Or Unsolicited E-Mail:

You must not use the FlexiWeb Network, FlexiWeb equipment or any FlexiWeb email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the FlexiWeb Network, FlexiWeb equipment or any FlexiWeb email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, FlexiWeb reserves the right to disable your domain without warning. In addition, FlexiWeb may impose a €150 penalty for each spam policy violation. FlexiWeb solely reserves the right to refuse or cancel service to known spammers. Lastly, FlexiWeb reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

In an effort to minimise spam emails and protect out IP space, all shared hosting accounts have a 250 email limit per hour. Accounts requiring more than 250 emails to be sent per hour, should review our VPS and dedicated server offerings which do not have this limit imposed.

 

Indemnification:

Customer agrees that it shall defend, indemnify, save and hold FlexiWeb (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against FlexiWeb, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FlexiWeb against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FlexiWeb server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of FlexiWeb to the amount paid for service.

 

Domain Registration Only:

If a customer does not provide valid name server details for purchases of a domain name only order, FlexiWeb will park the domain on its servers. FlexiWeb may include revenue generating advertising on the parked page for any domain. Customer can change the name servers at any time to point their domain away from the parking page, by using the online tools provided.

 

Refunds Policy:

You may cancel your account at any time before your next billing date, and you will not be billed for the next period.

 

Domain Registration

Technical assistance for domain registration is provided through email only. Please email us at support @ FlexiWeb.ie.

Once a domain is registered the fees are non-refundable under any circumstances, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

IE Domains are subject to the Terms and conditions of registration as detailed on the www.IEDR.ie website – Applications for .ie registrations may not be submitted to the registry until all documentation and all requirements are supplied by the customer. Your domain may remain available to anyone else until this information is received by us and processed. For .ie registrations that are rejected by the registry a full refund will be issued. For .ie registrations that are not completed because we have not received the required documentation from the customer a refund of 70% will be issued.

Domain transfers (.com, .net, etc). When transferring your domain to FlexiWeb, it is important to ensure that the domain is unlocked, the email address associated with the domain is valid and can be accessed, and that any ID protection is removed prior to starting the domain transfer process.

Once the domain transfer process is started, you will receive an automated email requesting confirmation of the transfer and also to enter your EPP transfer key. If you do not receive this, please check that the details on the domain are correct, and then contact our support team to restart the transfer. 

FlexiWeb cannot be held responsible if the domain does not transfer as a result of any of these steps not being taken. 

The domain status in billing does not reflect that the domain is actually transferred and only indicated that the transfer order has been accepted.

Domain registration fees are not refundable under any circumstances.

Please familiarize yourself with your ICANN registrant rights also here: http://www.icann.org/en/resources/registrars/registrant-rights/educational

 

Billing:

This is a subscription service. Credit card details used at time of purchase are billed on a recurring basis (depending on the payment term selected). Emails are issued to confirm payment and to ensure continuity of service, payment is taken unless otherwise instructed.

As per our invoices, payments are charged 30 days before an invoice due date to avoid service interruption. Failure to renew the subscription at the end of the billing term will result in service suspension.

 

Disclaimer:

FlexiWeb will not be responsible for any damages your business may suffer. FlexiWeb makes no warranties of any kind, expressed or implied for services we provide. FlexiWeb disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FlexiWeb and its employees. FlexiWeb makes no “uptime” guarantees.

FlexiWeb keeps backups of key server systems only and these backups are not available for customer use. FlexiWeb can accept no responsibility for any loss of data or consequences arising from this. FlexiWeb always advises clients to back up their site data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure.

FlexiWeb furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of FlexiWeb. A customer’s failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with FlexiWeb then FlexiWeb will not be responsible for maintaining hosting for the resellers customers.

All communications (emails, verbal or written) are between FlexiWeb and the client. These communications are private and are therefore not to be shared with any other parties.

Finally, FlexiWeb wishes to emphasize that in accepting services, customers indemnify FlexiWeb for the violation of any law or FlexiWeb policy, that results in loss to FlexiWeb or the bringing of any claim against FlexiWeb. This means that if FlexiWeb is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against FlexiWeb, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

FlexiWeb reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

 

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