TERMS OF USE
All users of FlazHost.Com services, and all customers upon signing up for FlazHost.Com
services, agree to comply with FlazHost.Com Terms of Use (TOU). The spirit of
the TOU is to ensure customers are using FlazHost.Com's services with due
regard to the rights of other Internet users and in conformity with the
requirements of FlazHost.Com network environment. The TOU are not exhaustive
and FlazHost.Com reserves the right to add, delete, or modify any provision of
its TOU at any time without notice, effective upon either the posting of the
modified TOU to FlazHost.Com or notification of the modified TOU. Any
complaints about a customer's violation of the TOU should be sent to https://my.flazhost.com.
The TOU supersedes any other agreement with FlazHost.Com, whether written,
oral, by conduct, or otherwise.
1. Content
The TOU and any other agreement for FlazHost.Com services, will be governed by
and construed in accordance with the laws of the State of Indonesia without
reference to its conflicts of laws principles.
FlazHost.Com servers and other infrastructure may be used for lawful purposes
only. Transmission, storage, or distribution of any information, data, or
material in violation of any applicable law or regulation, or that may directly
facilitate the violation of any particular law or regulation is prohibited.
This includes, but is not limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used without proper
authorization; material that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Additionally, in purchasing FlazHost.Com
services, all FlazHost.Com customers certify that they and/or the organization
they represent in procuring services from FlazHost.Com are not, nor have been
designated, a suspected terrorist as defined by the Constitution of Indonesia;
are not owned or controlled by a 'suspected terrorist' as defined by the
Constitution of Indonesia; and are not on, are not a member of, related to,
associated with, or controlled by any organizations listed as terrorist by the
Govt. Of Indonesia.
The following are the list examples of items that are not allowed to be hosted
in any account;
IRC Relays
Ponzi Schemes, Money Pyramid Schemes, FOREX, E-Gold
Proxy, Bots, Spam Bots, Port Scanners, IP Scanners, Mail Harvesting Scripts,
Brute Force Scripts, Top Sites, Chat Rooms
Banner Rotators, File Dumps, Using disk space as Secondary Storage
Escrow, Sales of illegal pharma, drugs, explosives
Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal Downloads,
Pirated Software Distributions
Fraud sites as listed in but not limited to aa419.org etc.
Streaming of live copyrighted events
Adult materials - Includes all pornography, erotic images, or otherwise lewd or
obscene content. The designation of "adult material" is left entirely
to the discretion of FlazHost.Com.
The customer is solely responsible for security of any software/scripts
installed in their account. You must maintain proper permissions to all folders
and files in your website and should keep passwords and other login credentials
safe. We advise you to use strong password and keep changing them at least once
in a month.
If a customer's server is involved in an attack on another server or system, it
will be shut down and an immediate investigation will be launched to determine
the cause/source of the attack. In such event, the customer is responsible for
the cost to rectify any damage done to the customer's server and any other
requirement affected by the security breach.
Shared hosting accounts can be used purely for web hosting alone. It cannot be
used for backup for storing data, software distribution, storing large pdf
files, high resolution images etc. Content not used for a website cannot be
stored in it's space. Only normal contents such as html pages, scripts, images
related to website, database can be hosted in a shared space. Audio / Video and
high resolution images storage is not allowed in shared accounts.
Any violation found or reported to any of the above clauses will result in
account suspension or termination with or without notice.
2. Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as
"spamming") is prohibited, regardless of whether or not it overloads
a server or disrupts service to FlazHost.Com's customers. The term
"spamming" also includes, but is not limited to, maintaining an open
SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing
in the spam a web site hosted on a FlazHost.Com server, and selling or
distributing software (on a web site residing on a FlazHost.Com server) that
facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and
will face immediate suspension. FlazHost.Com reserves the right to determine,
in its sole and absolute discretion, what constitutes a violation of this
provision.
Sites that are advertised using SPAM cannot be hosted in our servers.
Mailing Policy
The following are the general mailing policy used in FlazHost.Com servers;
500 emails can be sent per hour. If you exceed beyond this limit, you will get
a bounce back message. If you get such errors, please try sending after 1 hour.
Number of times you check to the mail server via POP3 / IMAP is restricted to
30. If you exceed this, you will get a failed login error. Connecting to mail
server once in 10 min is ideal.
Catch all or default mail id must be set to fail. This is to avoid stacking of
unnecessary spam mails in the server which finally results in large number of
inode creation in the file system. This ultimately results in disk failure.
3. System and Network Abuse
Violations of system or network security are prohibited and may result in
criminal and civil liability. Examples of system or network security violations
include, without limitation the following: unauthorized access to or use of
data, systems or networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without express authorization of the owner of the system or network;
interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks; forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
4. Viruses and Other Destructive Activities
Use of FlazHost.Com services or equipment for creating or sending Internet
viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or
engaging in denial of service attacks is prohibited. It is also prohibited for
any customer to engage in other activity that is intended to disrupt or
interfere with, or that results in the disruption of or interference with, the
ability of others to effectively use FlazHost.Com services and equipment (or
any connected network, system, service or equipment) or conduct their business
over the Internet.
5. Resource Usage
Email Disk Usage
Stacking large number of emails increases inodes and results in file system
corruption. It also hinders various server level processes from functioning at
normal load. Hence all mails has to be downloaded from the server then and
there. Hosting accounts cannot be used as email storage space. Sites that use
higher than this limit has to be upgraded to next available accounts such as
corporate or semi dedicated account based on the usage. Failing to upgrade the
account will result in suspension or termination of that particular website.
Customer accounts such as personal, small biz and accounts under resellers can
use disk space upto to 500 MB maximum including emails, website files, database
etc.
Disk Space Usage
Customer accounts such as personal, small biz and accounts under resellers can
use disk space upto to 500 MB maximum. Only files required for running of the
website such as html,php etc can be hosted. Zip archives, downloads, videos,
audio files and other software or warez downloads are strictly prohibited.
Hosting space cannot be used for data storage or backup dumping. It cannot be
used for file sharing, spam software downloads, software key downloads etc.
Sites that use higher than this space limit has to be upgraded to next
available accounts such as corporate or semi dedicated account based on the
usage. Failing to upgrade the account will result in suspension or termination
of that particular website.
Any web site that uses a high amount of server resources (such as, but not
limited to, CPU time, memory usage, and network resources, mail servers, Ftp
servers, Http servers, SQL database servers) reserves the right to suspend that
site immediately. This policy is only intended to prevent the misuse of our
servers and to avoid interruption in services to other customers. Customers may
be offered an option whereby FlazHost.Com continues hosting the website for an
additional fee or upgrade to a higher account. FlazHost.Com will be the sole
arbiter of what is considered to be a high server usage level. Any Web Hosting
and E-Commerce account deemed to be adversely affecting server performance or
network integrity will be suspended / terminated without prior notice.
The following are the list examples of activities that are not allowed to be
hosted in any account;
Scripts running bots, spiders, port scanners, mail blasters
Gaming servers, IRC relays
Peer to Peer sharing, File sharing
Calling include files as a URL rather than as a local file
Running bit torrent applications, trackers
A user may not exceed 20 % of total CPU usage for more than 100 seconds.
Usually the reasons for such a spike in usage are poorly written php,cgi, perl
or other scripts. If cron jobs are run, it must be scheduled at minimum of 15
min once and not less than that. Running MySql queries for more than 15 seconds
is not allowed.
Sites that attract DDOS attacks or automated attacks cannot be hosted in any of
the accounts. If found to violate such a term, the account will be immediately
suspended / terminated without prior notice. The customer / reseller has to
immediately change the name servers out of our servers.
6. Inodes
Inode count in a particular account may not exceed 75000. A single inode
represents a file in your website ( Includes image, files, emails etc). Frequent
creation and deletion of inodes is also prohibited. Most of the cases inode
generation is too high due to default or catch all mail ids. It is better to
keep them as :fail: which will avoid mails getting stacked up in the server
thus increasing inodes creation.
7. Back Up
FlazHost.Com is in NO way responsible, for the management and backup of all
your and your customer data, and all updates, upgrades, emails and patches to
any software that customers use in connection with FlazHost.Com services. You
agree that you are solely responsible for maintaining back up of your website
files, emails, database etc at your end.
General Backup Policy
This general backup policy is applicable only for customers and resellers who
have purchased backup plans exclusively. This does not apply for customers who
have not purchased backup plans exclusively.
FlazHost.Com backups run once in a week and the previous week's backup will be
overwritten. The backup is mirrored to a secondary drive. This is done automatically.
FlazHost.Com does not verify or test whether individual items such as mail,
database, website contents of a particular website is backed up completely or
not.
FlazHost.Com will not be responsible for any incomplete backup of an account
owing to instance but not limited to crashed mysql tables, disk usage of an
account is more than 5 GB, too many files in email accounts etc.
FlazHost.Com will not be responsible for loss of backup due to virus
infections, disk errors etc.
FlazHost.Com does not backup dedicated servers, cloud servers, windows shared /
reseller hosting accounts. Customers are solely responsible for maintaining
their own backup of mails, files, databases etc.
8. Bandwidth Usage
Per site should not exceed more than 5000 MB Bandwidth per Month in shared
small biz, individual accounts under reseller account. Each account is allotted
with certain bandwidth limit on monthly basis. In case an account should exceed
the allowed limit, FlazHost.Com reserves the right to keep it suspended till the
next bandwidth calculation period starts. Customer may be presented with
options to upgrade to a higher account and / or purchase additional bandwidth. FlazHost.Com
also reserves the right to terminate the account and charge you for the excess
usage in your account.
9. Database Usage
Running queries which takes longer than 15 seconds are prohibited.
Mysql databases can be managed using php my admin available in the hosting
control panels. Remote accessing of MySql database using local applications or
programs is not allowed.
MS Sql database can be managed using web based control panel. Remote accessing
of Mssql database is allowed only for static ip provided by the customer.
Dynamic Ips cannot be allowed access to remote MSSQL database. The number of static
ip allowed to access remote sql is maximum 2. Remote sql access is allowed only
thro MSSQL studio and cannot be used by another local application. Accounts
that are found to be abusing this term will be suspended / terminated
immediately.
MSSQL access via programs is allowed only for IPs within our network. Programs
cannot access databases outside our network.
To avoid MSSQL database abuse, creation of sql database in windows based
control panels is disabled. You can create a ticket for creating databases in
your members area which receives top priority and get it created. You can also
request to create multiple databases at a time.
Database space is included along with the hosting account space. But to make
sure that no single database monopolizes database server resource, any single
database cannot be more than 150 Mb in space in shared / reseller hosting
accounts. Sites that have databases which exceed such a limit will be offered
with higher level package where in they can upgrade and keep using it. The
customer has to either upgrade the account or cut down the usage in database.
10. Payments, Billing & Pricing
You must always maintain a positive credit balance in your account. You can
find list of payment options at FlazHost.Com/paymentoptions
Please note that FlazHost.Com offers various payment options for ease of
payment to the customer. Transaction fees, service charges of such payment
options are separate and must be added to your total account fee separately and
paid in total. Once you make the payment, you must intimate FlazHost.Com by
creating a ticket in the members area with full details such as To which of our
account payment was made, Mode of payment, Amount paid, Service for which the
amount is paid, Date of payment and other payment details such as Bank, Branch,
Account number details. If you do not have access to the members area, you may
create a ticket at https://my.flazhost.com . If no such intimation is provided,
account setup or renewal or other account related functions cannot be
completed. FlazHost.Com will take 48 hrs - 72 working hrs to verify and execute
an order. Usually it takes only few min, but in rare cases we may have to
verify fraudulent payments and hence 48 hrs - 72 working hrs will be the time
taken to verify and execute an order.
It is customer responsibility to intimate FlazHost.Com about the payment &
other details and make sure that an domain / account renewed. Domains/ Accounts
must be renewed atleast 30 days prior to expiry to prevent last minute
glitches, act of god, issues at registry's end etc.
It is the responsibility of the customer to make sure that correct and working
email id is in file with FlazHost.Com. FlazHost.Com will send all email alerts
about renewals, registration, transfers, offers as a courtesy by email. It is
the responsibility of the customer to login to the members area and respective
control panels to keep track of their account status.
All account fee must be paid in advance in full before the actual term. FlazHost.Com
will charge 15% of the account fee or Rs.250, whichever is higher as a late
fee.
FlazHost.Com will add credits to an account only when the payment is fully
reflected in FlazHost.Com bank accounts. Part payments will not be added to an
account. If transaction or processing fee is not added with the amount paid, FlazHost.Com
will only add the exact amount after deducting such a processing fee. Returned
checks will attract Rs.500 towards check returning charges and admin charges.
Once a check is returned, the customer will have to make all further payments
as Cash/Bank Account Transfer to our accounts and no other mode of payment will
be accepted. Outstation checks will attract Rs.100 as collection charges.
No payment has to be sent to us directly. All payments must be paid directly to
our Bank Accounts available in FlazHost.Com/paymentoptions.
We as a merchant shall be under no liability whatsoever in respect of any loss
or damage arising directly or indirectly out of the decline of authorization
for any Transaction, on Account of the Cardholder having exceeded the preset
limit mutually agreed by us with our acquiring bank from time to time.
Accounts that are not renewed on time will be suspended / terminated
immedietly.
FlazHost.Com only adds domain credits to a reseller / customer account. We will
not register / renew / transfer any domain name / hosting. It is the sole
responsibility of the customer / reseller to register / renew / transfer domain
name / hosting.
Billing/Price Changes/Discounts & Coupons
FlazHost.Com policies and prices are subject to change without notice. Any
price changes become effective in the next billing cycle except in exceptional
cases such as volatility in FOREX and other factors which are not in FlazHost.Com
hands. We reserve the right to change pricing, resources, features of plans
that are displayed in our websites or partner websites.
Discounts / Coupons offers are one time only and are not applicable during the
renewal of the account. Discounts / Coupons are for first time customers only
and the same customer cannot avail other offers for the same account / domain
on a later date. If found in violation of these terms, the discount or offer
will cancelled and additional invoices will be added to your account.
11. Cancellations & Refunds
Hosting plans will automatically expire until a plan is renewed. In order to
cancel service, you must contact FlazHost.Com Billing Team by creating ticket
in the members area with proper payment details and account details.
Cancellation requests must be received by FlazHost.Com a minimum of thirty (30)
days prior to the end of your Billing Cycle. FlazHost.Com will confirm the
cancellation request when it is processed. If you do not receive a
confirmation, please contact FlazHost.Com as soon as possible.
Strictly there are NO refunds for Mini, Nano / Economy Packages, Special
Promotional Packages, Monthly Billed Packages, Discounted Packages or Coupons
Strictly NO refunds will be processed for package that are cancelled during the
FREE period. [ For example, In a 2 +1 year pack, the last year is provided as
FREE and hence no refund can be processed for/during that period ]
Strictly NO refunds will be processed if the account fee is not paid Full in
advance before the account is setup
Strictly NO refunds will be processed if a refund is requested after 90 days
from the date of order of the account
Strictly NO refunds will be processed if an account has violated the terms of
service or involved in activities that has resulted in incurring charges to
bring back services to normal
Strictly NO refunds will be processed if an account was involved in abuse /
resource over usage previously
Domain Credits purchased cannot be refunded
Only first time accounts are eligible for refund. Accounts created by the same
customer / related to the same customer will not be eligible for refund
Dedicated Servers and Cloud Servers are not eligible for any refunds.
All request for refund must be provided in writing by creating a ticket in the
members area. Only refund request that does not fall under any of the above
conditions will be responded or taken into consideration. The maximum refund
possible is 50 % of account fee that is paid in full advance before account
setup.
Setup fee [both levied or waived off ], Software costs, Administration costs,
other third party expenses will not be refunded. Processing fee of Rs.250 will
be charged for all refunds. Refund processing will take 90 days from the date
of acceptance of refund by FlazHost.Com.
No refund will be paid as cash or check / bank transfer or deposit. Refunds are
credited as hosting credits or domain credits only.
12. Reseller / Customer Responsibility
Resellers are responsible for servicing their clients. FlazHost.Com does not
provide service to a Reseller's Client. If a client contacts us directly, we
may put the account on hold till the reseller assumes service to that client.
Reseller is responsible for his client's accounts and must make sure that it is
secure and updated with out vulnerabilities such as old / outdate scripts,
wrong folder permissions etc. Reseller is solely responsible for content stored
and transmitted thro the accounts hosted under him.
Customers are required to use the FlazHost.Com network responsibly. This
includes respecting the other customers of FlazHost.Com. FlazHost.Com reserves
the right to suspend and/or cancel service with any customer who uses the FlazHost.Com
network in such a way that adversely affects other FlazHost.Com customers.
While FlazHost.Com may monitor its service electronically to determine that its
facilities are operating satisfactorily, as a general practice, FlazHost.Com
does not monitor its customers' communications or activities to determine
whether they are in compliance with the TOU. However, when FlazHost.Com becomes
aware of any violation of the TOU or other user agreements, FlazHost.Com may
take any action to stop or correct such violation, including, but not limited
to, denying access to FlazHost.Com services and equipment or to the Internet.
In addition, FlazHost.Com may take action against a customer or a customer of
such customer because of the activities of such customer. FlazHost.Com
anticipates that customers who offer Internet services will cooperate with FlazHost.Com
in any corrective or preventive action that FlazHost.Com deems necessary.
Failure to cooperate with such corrective or preventive measures is a violation
of FlazHost.Com policy and FlazHost.Com reserves the right to take any such
action even though such action may affect other customers of the FlazHost.Com
customer.
FlazHost.Com and its , affiliates and associates shall not be liable, at any
time for damages (including, without limitation, damages for loss of business
projects, or loss of profits) arising in contract, tort or otherwise from the
use of or inability to use the Service, or any of its contents, or from any
action taken (or refrained from being taken) as a result of using the Service
or any such contents or for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer
virus, communications line failure, theft or destruction or unauthorised access
to, alteration of, or use of information contained on the service. No
representations, warranties or guarantees whatsoever are made as to the
accuracy, adequacy, reliability, completeness, suitability or applicability of
the information to a particular situation. You agree that FlazHost.Com has no
responsibility or liability including but not limiting to the deletion,
corruption, loss or failure to store any messages or content / data maintained
or transmitted by any FlazHost.Com Service. You acknowledge and agree that no
compensation shall be payable whatsoever with respect to the aforesaid by FlazHost.Com.
FLAZHOST.COM MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE.
Actions Taken by FlazHost.Com
The failure by a customer / reseller to meet or follow any of the TOU is
grounds for account deactivation. FlazHost.Com will be the sole arbiter as to
what constitutes a violation of the TOU. FlazHost.Com reserves the right to
remove any account without prior notice and to refuse service to anyone at any
time. When FlazHost.Com becomes aware of an alleged violation of its TOU, FlazHost.Com
will initiate an investigation. During the investigation, FlazHost.Com may
restrict a customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation, FlazHost.Com
may, at its sole discretion, restrict, suspend, or terminate a customer's web
hosting account and/or pursue other civil remedies. If such violation is a
criminal offense, FlazHost.Com will notify the appropriate law enforcement
authorities of such violation. An unlisted activity may also be a violation of
the TOU if it is illegal, irresponsible, or constitutes disruptive use of the
Internet. FlazHost.Com does not issue credits for any outages incurred through
service disablement. Violators of the policy are responsible, without
limitations, for the cost of labor to rectify any damage done to the operation
of the network and business operations supported by the network, and to respond
to complaints incurred by FlazHost.Com.
13. Indemnification
FlazHost.Com customers agree to protect, defend, hold harmless, and indemnify FlazHost.Com,
any third party entity related to FlazHost.Com (including, without limitation,
third party vendors), and FlazHost.Com executives, directors, officers,
attorneys, managers, employees, consultants, contractors, agents, parent
companies, subsidiaries, and co-subsidiaries with the same parent company as FlazHost.Com,
from and against any and all liabilities, losses, costs, judgments, damages,
claims, or causes of actions, including, without limitation, any and all legal
fees and expenses, arising out of or resulting in any from the customer's use
of FlazHost.Com services.
14. Assignment
Customers may not assign or delegate their rights or obligations under the TOU
or other agreement for FlazHost.Com services, either in whole or in part,
without the prior written consent of FlazHost.Com.
15. Disclaimer
The FlazHost.Com service is provided on an as is, as available basis without
warranties of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular purpose or
non-infringement. FlazHost.Com expressly disclaims any representation or
warranty that the FlazHost.Com service will be error-free, secure or
uninterrupted. No oral advice or written information given by FlazHost.Com, its
employees, licensors or the like, will create a warranty; nor may you rely on
any such information or advice. FlazHost.Com and its partners and suppliers
will not be liable for any cost or damage arising either directly or indirectly
from any transaction or use of the service.
16. Force Majeure
FlazHost.Com will not be liable for delays in its performance of the TOU or FlazHost.Com
services caused by circumstances beyond FlazHost.Com.s reasonable control,
including acts of God, wars, insurrection, civil commotions, riots, national
disasters, earthquakes, strikes, fires, floods, water damage, explosions,
shortages of labor or materials, labor disputes, transportation problems,
accidents, embargoes, or governmental restrictions (collectively .Force
Majeure.). FlazHost.Com will make reasonable efforts to reduce to a minimum and
mitigate the effect of any Force Majeure. Notwithstanding anything contained
elsewhere herein, nor will any event of Force Majeure suspend any obligation of
customers for the payment of money due.
17. Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or
relationship of employer and employee, principal and agent, partnership or
joint venture between FlazHost.Com and its customers. Each of FlazHost.Com and
its customers will be deemed an independent contractor at all times and will
have no right or authority to assume or create any obligation on behalf of the
other, except as may be expressly provided herein.
18. Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will
be construed as including all genders, and wherever the singular is used, it
will be deemed to include the plural and vice versa, where the context so
requires. The division of the TOU into sections/paragraphs, and the insertion of
headings/captions, are for convenience of reference only and will not affect
the construction or interpretation of the TOU. Any rule of construction to the
effect that any ambiguity is to be resolved against the drafting party will not
be applicable in the construction or interpretation of the TOU.