Hosting Acceptable Use Policy & Terms of Service
30 Day Money Back Policy
DataFlurry Hosting offers refunds on hosting for accounts cancelled within 30 days of opening. Refunds are always granted unless the account was closed due to a violation of our TOS.
Acceptance
Please note that by submitting your payment for our services you are agreeing to all of our terms of service herein. DataFlurry reserves the right to change or update these terms at any time without prior notice. You must be 18 or above to be a DataFlurry Hosting customer.
Terms of Service
We have to have them, our lawyers say so. Who knows, you may find a reward for your reading!
Subscriber agrees not to allow DataFlurry Hosting equipment and services to be used for activities specifically prohibited by the DataFlurry Hosting stated below DataFlurry Hosting Acceptable Use Policy (AUP)
The following activities are expressly prohibited:
- Spam - We do not allow our servers or resources to be used in any way to facilitate the sending of Spam mail (unsolicited commercial email). Any subscriber who sends spam email through our server will have their account terminated without notice. Criminal and civil prosecution may also follow. Any subscriber that has sent spam email through another server with links to their site on a DataFlurry Hosting server will be treated as a spammer. Subscribers must ensure the resources from within their account cannot be used to send spam email. This includes password protecting SMTP mail servers and installing secure scripts. Subscribers should contact us if they believe server resources are being used to send spam email.
- Safe Lists
- Sites that give away free email accounts or hosting accounts.
- Hacking or any perpetration of security breaches.
- IRC servers or gaming servers
- DataFlurry Hosting does not allow games in any form to be served from our servers.
- The custom installation of phpMyAdmin on our servers.
- The installation of webmail interfaces or any other mailing related software without written permission from DataFlurry Hosting Support (we provide a webmail interface with all DataFlurry Hosting accounts)
- The custom installation of any kind of webstatistic analysis script on their servers. DataFlurry Hosting provides clients with webstat statistics calculated using log files which are processed every 24 hours.
- The usage of formail.pl or formail.cgi, or other .cgi based formmails, to send results from webforms to email.
- Any form of pornography.
- Fraudulent activity.
- Trademark or Copyright infringement.
- Network attacks or any unfriendly effort to affect service on another network or server.
- Virus distribution.
- Anonymous gateways.
- MLM (Multi Level Marketing) or MLM related type sites, or email promotion/marketing sites.
- Any scripts that can create shell login to the server.
- Any Illegal Activities
Investigations revealing the above activities where the terms of service have been broken could result in a charge to the client of $100.00 per hour for the duration of the investigation.
Account Cancellations
All hosting plans can be cancelled at any time. We offer a 30 day money back guarantee. All hosting plans must be cancelled seven days prior to the next billing cycle. This will prevent the next billing cycle from debiting the customer's credit card/check account. These requests must be sent us directly, or managed through your control panel.
If you have any web design maintenance package setup with DataFlurry, these are subject to different terms and agreements.
Abuse
DataFlurry Hosting will not tolerate abuses to our servers in any way including but not limited to, Applications/scripts/software that a client runs on our servers that cause the server to load beyond a reasonable level, as determined by us.
Abuse of support.
DataFlurry will not tolerate any type of abuse to our staff in any way; and we reserve the right to reconsider any services because of this
Backup of Data
In no event will DataFlurry be liable for loss of Data or information contained within our servers. We try our best to maintain proper backups of data, however it is your sole responsibility to keep a backup of all content as well as databases within your WebSite.
Chargebacks
DataFlurry Web Design will not negotiate chargebacks with any person or company. Please review all information herein, and all clients agree to our terms of service prior to the start of any project.
Consideration
Please note that DataFlurry is a family owned and operated company. Therefore, we will not host WebSites for clients that we find morally questionable, unethical, or distasteful. We reserve the right to deny offering any of our services at any time.
Copyright
Ownership and copyright of all Templates available remain with DataFlurry and property of Dataflurry and/or their respective owners.
Excess Bandwidth Charges
Charges for extra bandwidth transfer are calculated at $2.00 Per Gigabyte.
Hours of Operation
Our business hours of operation are 8AM to 5PM Monday thru Friday.
IP Blocking
DataFlurry Hosting reserves the right to block IPs from known spam addresses and high-risk IP adresses known for hacking and virus sending. DataFlurry Hosting does this to protect both servers and customers from viruses, spam emails and hacking. Customers who would like to report spam IPs can contact us from our ontact page. Customers who would like to have further information regarding IP blocking can also contact us.
Limitation of Liability, Indemnification:
A. Subscriber agrees to indemnify DataFlurry Hosting from any claim, demand, loss, cause of action, liability, cost or expense, including without limitation reasonable attorney's fees, which may be incurred by or asserted against DataFlurry Hosting which results from any active negligence on the part of Subscriber or Subscriber's employees, Subscribers or agents.
B: Subscriber agrees to idemnify DataFlurry Hosting from any claim for loss of service or data.
C. Services purchased from DataFlurry are provided "as is" without warranty of any kind that the services will be uninterrupted or error free. In no event shall DataFlurry be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the hosting services, our website, and/or goods provided to the client.
This includes, without limitation, lost profits, business interruption, financial losses, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
D. In no event DatFlurry will be liable for suitability, merchantability, or usability of products and services developed and delivered.
MySQL Databases
A maximum size of 100 Megabytes is permitted. You will need to contact us to increase your database size.
Miscellaneous
These Terms of Service are the complete Agreement between DataFlurry and the Customer. This Agreement supersedes all prior agreements or promises made by DataFlurry representatives that differ in any way from these Terms and Conditions.
Any modifications of this Agreement must be in writing signed by the parties to be bound by modifications.
Any notices required under this Agreement must be delivered in person, mailed (properly addressed and with postage prepaid), faxed or e-mailed to the party entitled to receive the notice.
The Customer agrees that it shall defend, indemnify, save and hold DataFlurry harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DataFlurry, its agents, 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 the Customer, its agents, employees or assigns.
The Customer agrees to defend, indemnify and hold harmless DataFlurry against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with DataFlurry;
(2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
(3) any loss of information
Right of termination
DataFlurry Hosting reserve the right to terminate any subscriber's account which does not meet the AUP above. We reserve to terminate any account for any reason that we deem necessary.
Payments
We accept payments by:
credit card (Visa, MasterCard, Discover, AmEx, Dinners Club); wire transfer.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Exclusive jurisdiction and venue is as governed in the district court of Maricopa County, Mesa Arizona. |
