Acceptable Use Policy
This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to WebFlares, Inc., as well as its subsidiaries and sister companies (“WebFlares”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by WebFlares. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional WebFlares service(s) or products or to cancel Your WebFlares service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions.
(1) Sharing of Information :
As a condition of purchasing and using hosting plans, You acknowledge and agree that WebFlares may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information WebFlares gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites.
(2) User Obligations & Accounts :
* You represent and warrant to WebFlares that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by WebFlares shall not be used in connection with any illegal activity.
* This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A WebFlares account may not be transferred without prior written approval from WebFlares.
(3) Secure Shell (“SSH”) Access :
You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
(4) Network Interruptions & IP Address :
WebFlares will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall WebFlares be liable to You for any damages resulting from or related to any failure or delay of WebFlares in providing access to the Internet under this Agreement. In no event shall WebFlares be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof.
* WebFlares assigns to You an Internet Protocol (“IP”) address in connection with Your use of the WebFlares services. The right to use that IP address will remain with and belong only to WebFlares, and You will have no right to use that IP address except as allowed by WebFlares in its sole and absolute discretion.
(5) Payment Terms :
*There will be no refund given at all, Refunds do NOT apply to any of our services except shared web hosting .
Shared Web Hosting :
Unless this Refund Policy specifically provides for a refund, all fees for Web Hosting and related Service(s) are non-refundable, in whole or in part, even if your Web Hosting Service(s) are suspended or terminated prior to the end of your then current contract term.
Package fees for Shared Hosting, may be refundable, at the sole discretion of WebFlares, if you, the account holder, cancel within 14 days after purchase. Only first-time Shared Hosting accounts are eligible for the 14-day money-back guarantee. You may receive a refund if you, the account holder, cancel your account within the initial fourteen (14) days after sign-up.
No refunds are available for the following:
Any additional features, services or upgrades added to your Web Hosting package and purchased at additional fee;
Any fees related to domain name registrations associated with your Web Hosting package;
Any renewals of Web Hosting and related Service(s).
* WebFlares may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
* If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 30 days after Your hosting account’s billing date for shared hosting accounts and within 7 days for VPS and dedicated servers WebFlares reserves the right to terminate Your services for non-payment.
* If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
* Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A “Backup/Restore” feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of WebFlares, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, WebFlares will attempt to recover the data from the most recent archive for a $15.00.
(6) Prohibited Activities :
By using any Services, provided by WebFlares You agree:
* not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
* not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
* not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
* not to make, attempt or allow any unauthorized access to WebFlares website, servers, your own hosting account or the account of any other customers of WebFlares.
* not to allow any remote code execution of malicious software through the hosting account provided by WebFlares.
* not to cause denial of service attacks, port scans or other endangering and invasive procedures against WebFlares servers and facilities or the servers and facilities of other network hosts or Internet users.
* not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
* not to use WebFlares services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
* not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
* not to engage in or to instigate actions that cause harm to WebFlares or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. WebFlares reserves the right to refuse service to anyone upon Our discretion. Any material that in WebFlares judgment, is either obscene or threatening is strictly prohibited and will be removed from WebFlares servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, WebFlares will take corrective action upon our own discretion and will notify You. WebFlares decision in such case is binding and final, and cannot be a subject of a further change. WebFlares cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to WebFlares or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. WebFlares will not be liable for any loss or damages in such cases.
* not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
* Running stand-alone, unattached server side processes/daemons is strictly prohibited
* Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
* Running any bit-torrent / P2P application is strictly prohibited
* Running of public file exchange services is strictly prohibited
At its discretion, WebFlares can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
(7) Email and Anti-spam Policy :
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to WebFlares. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. WebFlares prohibits the following activities listed without limitation here-under:
* Usage of the network and systems to receive replies to unsolicited mass e-mail messages.
* Forgery of e-mail headers (i.e.”spoofing”).
* Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
* Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
* Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
* Hosting any web pages or providing any services that support spam.
* Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
* Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
(8) Additional Acceptable Use Policy for Virtual accounts:
Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.
Downloadable files, media, databases must comply with the following limitations:
A maximum of 10GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
A maximum of 10GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
A maximum of 10GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
A maximum of 10GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.
Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Backup Limitations. Any shared hosting account that uses more than 25GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 25GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.
Softaculous backups are stored for 28 days. Once this period is over, backup will be removed from the server and no copy will exist. Additionally, when using backup rotation option, you are allowed to set 10 copies maximum per each script you have installed using Softaculous. The eleventh copy of your site will replace the earliest backup file, the first one, generated for the website installation.
Use of Email Services. You should use email and other related services in full compliance with the terms below:
In order to safeguard overall server performance, You may send and/or forward not more than 50 emails, per hour per domain.
For Shared Hosting accounts, email storage shall not exceed the 10GB limit.
For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared servers, and up to 20 concurrent connections to email system per IP address on Business and Email servers.
For IMAP, You may perform up to 30 concurrent connections to email system per IP address on Shared Email servers.
For SMTP, You may perform up to 100 concurrent connections to email system on Shared servers. This limit applies to the whole server.
WebFlares may, at its sole discretion, limit the volume of email messages You can deliver through our services. WebFlares may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. WebFlares may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will WebFlares be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
(9) Notices :
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications.