Web Hosting Services are provided by Flying Cow Design (“Flying Cow Design”) to Client conditional on the terms and conditions set forth below ( the “Web Hosting Agreement Terms and Conditions”). By using these services, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Web Hosting Agreement Terms and Conditions. If you do not agree then you should not use these services.
Flying Cow Design has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Web Hosting Agreement Terms and Conditions, in whole or in part, at any time.
We reserve the right to suspend or cancel a Client’s access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers:
- No adult content (No Pornography)
- No online gambling
- No Spam, No unsolicited e-mailing
- No Warez, cracks, copyright infringement
Any attempt to undermine or cause harm to a server, or other Client of ours is strictly prohibited.
4-Unauthorized use of other people’s accounts or computers
We 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 robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
5-Abuse of Unlimited Traffic and/or Unlimited Storage
If one of our hosting plans offers unlimited traffic and/or unlimited storage for the Client web sites, the intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. All of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. To maintain the integrity of our service the following limitations apply to such hosting plans:
- Sites with Banners, graphics or cgi scripts running from their domain used on other domain
- Sites with picture galleries (This is any site where 50% of the files transferred is graphics)
- Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)
If you do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $5/1GB/month will be billed to your account.
We will be the sole arbiter as to what constitutes a violation of this provision
6-Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Sending a message, especially an advertisement, to more than 20 recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.
7-Background Running Programs
In addition to these Client agrees not to run any kind of ‘server applications’. Every program/script that opens a port on the shared hosting server is considered a ‘server application’. These include but are not limited to
IRC servers, IRC proxies, IRC bots
Client understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, Client will be responsible for the full amount of any tangible and intangible damages this may cause. Flying Cow Design reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line any time or as a hard copy by request only.
All accounts are set up on a pre-pay basis and will auto-renew for the same hosting period unless explicitly cancelled by the Client. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The Client is responsible for all money owed on the account from the time it was established to the time that they receive confirmation from us of their cancellation request for termination of services. Credit card information is stored on file and will be auto-billed on the due date of the account.
9-Termination and Cancellation
Flying Cow Design reserves the right to terminate service at any time. All fees paid in advance of termination will be pro-rated and refunded if we institute our right of termination. No refunds will be given for any partially used month of service once that month has begun. Any violation of policies which results in extra costs will be billed to the Client (i.e. transfer overages, additional disk space, additional pop accounts, etc.) or deducted from any refunded amount.
All account cancellations must be sent to Flying Cow Design in writing via Clients registered email address of the account holder or fax to us with a valid signature of the primary contact of the account, account name, reason for cancellation.
Due to security concerns, Clients cancellation requests are always verified and confirmed by Flying Cow Design via email to the registered email address of the account holder. We are not responsible to action any cancellation request that we do not receive. If Client does not receive a confirmation/acknowledgment email for their cancellation request, then Flying Cow Design did not receive it.
Flying Cow Design reserves the right to refuse service to anyone. Clients may only use our servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.
This Agreement will be governed by and construed in accordance with the laws of the State of California and the laws of the USA applicable in that state and will be treated, in all respects, as a Californian contract.
12-Limitation of Liability
Client agrees that Flying Cow Design will not be liable for any (a) Suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement; (b) Interruption of business; (c) Access delays or access interruptions to the web site(s) provided through or by the services; (d) Loss or liability resulting from acts of god; (e) Data non-delivery, mis-delivery, corruption, destruction or other modification; (f) Events beyond the control of Flying Cow Design; (g) The processing of Clients application for the services; or (h) Loss or liability resulting from the unauthorized use or misuse of Clients account identifier or password. Client further agrees that Flying Cow Design will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not Flying Cow Design has been advised of the possibility of such damages. in no event shall the maximum aggregate liability of Flying Cow Design exceed the total amount paid by Client for the services for a one-month period, but in no event greater than one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the liability of Flying Cow Design shall be limited to the maximum extent permitted by law.
Client agrees to release, indemnify, and hold Flying Cow Design, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating Clients use of the services or arising under this agreement, including without limitation, infringement by Client or someone else using Clients computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When Flying Cow Design may be involved in a suit involving a third party and which is related to the services under this agreement, Flying Cow Design may seek written assurances from Client in which Client promises to indemnify Flying Cow Design harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Clients failure to provide such assurances may be considered a breach of this agreement by Client.
Client agrees that the Flying Cow Design shall not be liable for the actions, inactions, negligence, or intentional misconduct of Client. Client agrees that it shall defend, indemnify, save and hold Flying Cow Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, your agents, employees or assigns. Client agrees to defend, indemnify and hold Flying Cow Design harmless against liabilities arising out of; (1) Any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) Any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (3) Copyright infringement and (4) Any defective products sold by Client from our servers.
14-Disclaimer of Warranties
Flying Cow Design does not make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at Clients own discretion and risk and that Client will be solely responsible for any damage to Clients computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by Client from Flying Cow Design shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to Client.