All users of HOSTFLAG.COM’s services, and all customers upon signing up for HOSTFLAG.COM’s services, agree to comply with our Terms of Service (“TOS”). The TOS is to ensure customers that are using our services with due regard to the rights of other Internet users and in conformity with the requirements of HOSTFLAG.COM’s network environment. The TOS are not exhaustive and we reserve the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.HOSTFLAG.COM or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to our support staff.
Except when expressly agreed to the contrary in writing by an authorized representative of HOSTFLAG.COM, this TOS supersedes any other agreement with HOSTFLAG.COM, whether written, oral, by conduct, or otherwise.
The following Terms of Service apply to ALL HOSTFLAG.COM customers:
HOSTFLAG.COM Services
HOSTFLAG.COM’s services include, but are not limited to:
- any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that we provide to customers);
- any use by customers, or any access provided to customers by HOSTFLAG.COM, of computing, telecommunications, software, information, hardware, and equipment;
- any act, or provision of any service, by HOSTFLAG.COM to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
- any provision by HOSTFLAG.COM to customers, of any space, Internet connectivity, or electrical power;
- any access or use related to the HOSTFLAG.COM’s Web site, including the Web site itself;
- any other service mentioned in the TOS;
- any other service provided by HOSTFLAG.COM to customers, whether used or not;
- any other HOSTFLAG.COM services that are used by customers, whether offered or provided by HOSTFLAG.COM to customers.
Ownership of Website
The legal owner of customers’ Web sites and accounts with us will be the individual or organization whose name is listed in HOSTFLAG.COM’s database as the owner. Customers will fully cooperate with and abide by any and all of HOSTFLAG.COM’s security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with HOSTFLAG.COM.
Email Usage
HOSTFLAG.COM has the right to delete all content stored in any of customer’s spam folders or email accounts for 60 days or more.
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 HOSTFLAG.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 HOSTFLAG.COM server, and selling or distributing software (on a Web site residing on a HOSTFLAG.COM server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. HOSTFLAG.COM reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
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, denial of service attacks (weather incoming or outgoing). In addition to the above mentioned items, abuse is also considered when more then 50% of the usage of a server at any given time is consumed by a individual account.
If any services/product is the target of a denial of service attack (“DOS”) or distributed denial of service attack (“DDOS”), HOSTFLAG.COM in its sole discretion, may suspend or terminate that account without notice. Any account that is suspended or terminated due to a DOS / DDOS may no longer be offered HOSTFLAG.COM services.
Any account that is disabled or terminated due to abuse is not eligible for any refund, full or partial. Any refund that is offered is strictly the decision of the administration.
Limititations
This rule applies to all plans which has “unlimited bandwidth” only – HOSTFLAG.COM does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Client can upload to his/her/its website in a given month, nor does HOSTFLAG.COM charge additional fees based on increased use of bandwidth, as long as the Client’s use of the Services complies with these Terms. In most cases, a Client’s web site will be able to support as much traffic as the Client can legitimately acquire. However, HOSTFLAG.COM reserves the right to limit processor time, bandwidth, or processes, memory, or number of files in cases where it is necessary to prevent negatively impacting other Clients.
Viruses and Other Destructive Activities
Use of HOSTFLAG.COM’s 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 HOSTFLAG.COM’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Online Backup
Using your web hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. You may only have 1 online backup for your public_html directory only. The backup may not exceed more then 5GB.
Unacceptable Materials
Examples of unacceptable material on all accounts include, but not limited to, are:
- Torrent Software
- Torrent data / files / materials
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- MUDs/RPGs/PBBGs
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
Promotions
Unless otherwise specified, only new customers qualify for any promotional pricing and limitations. Additionally, promotional offers are only work for 1 order per customer. Customer may purchase additional services at regular price. Customers may not open multiple accounts with similar or identical billing information to gain discounted rates for promotions.
Certain products or services are included for free during the initial sign-up may only be free for a particular period of time. After their free introductory period, standard pricing may apply.
Free Domain Name: Any domain name that is offered free during the initial purchase is ONLY free for the first year of registration. After the first year, the domain will renew at regular rates. Free domain names may only be redeemed during the first 15 days after the initial purchase.
Referral Program
Any customer with at least 1 active service may refer customers to HOSTFLAG.COM using our Referral Program. A customer may earn up to $10 for each referral. Each person that is referred to HOSTFLAG.COM using an existing customers referral coupon code will receive 20% off any hosting service in the next renewal.
- Referral reward payments are paid for referred customers that remain active for at least 3 months.
- Referral reward payments are paid when the referral payment reaches at least $100.
- Referral reward payments will be paid ONLY by PayPal.
- Referral discounts may not be combined with any other offer.
HOSTFLAG.COM, in its sole discretion has the right to discontinue the referral program at anytime, without notice.
30 Day Money Back Guarantee
- The HOSTFLAG.COM 30-day money back guarantee (‘the Guarantee’) applies to all contract types for the following web hosting and reseller hosting products: Shared Hosting and Budget Reseller.
- The Guarantee does not apply to any other HOSTFLAG.COM Services and in particular does not apply to: Dedicated Servers, Virtual Private Servers, Offshore/Master/Alpha Reseller accounts, Online Backup, Online Storage and Domain Names.
- Any request for cancellation pursuant to the Guarantee, must be received within 30 days of the initial order being placed.
- In order to qualify for the Guarantee, any request for cancellation must do from our Billing System, in “My Services” -> select a package and choose “Request Cancellation”.
- The Guarantee does not include the refund of any additional costs including Domain name Registration Fees. Any refunds given will be minus the usual cost of the selected domain name extension.
- Each customer can only use the Guarantee once and for one account only.
- The Guarantee only applies to the Customer’s initial purchase and no refunds will be given for any additional or optional Services added by the Customer including upgrades, downgrades or product transfers.
- The Guarantee is not available where the Customer has breached any part of the HOSTFLAG.COM Terms of Service or whose account has been suspended or terminated as a result of any such breach.
- HOSTFLAG.COM reserves the right to change, amend or withdraw the Guarantee.
Unless otherwise specified, HOSTFLAG.COM may, at its sole discretion, determine software or actions that are deemed server, network, or other abuse. We may take any actions necessary to remedy the abuse.