Terms Of Service (TOS)

Terms Of Service (TOS)

The use of services from FlamexHosting.com (FlamexHosting Africa), constitutes agreement to these terms.

1, Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud.
It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers

Our transfers team will make every effort to help you move your site to us, however, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.
We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your signup date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the support department with specific details to receive a price quote.

2, Content

All services provided by FlamexHosting.com may only be used for lawful purposes. The laws of the Federal Republic of Nigeria apply.

The customer agrees to indemnify and hold harmless FlamexHosting.com from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support@FlamexHosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared and Reseller servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

3, Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

FlamexHosting.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

FlamexHosting.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of FlamexHosting.com.

4, Payment Information

You agree to supply appropriate payment for the services received from FlamexHosting.com, in advance of the time period during which such services are provided. You agree that until and unless you notify FlamexHosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of FlamexHosting.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. FlamexHosting.com provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple InterSwitch Subscriptions can only be added as credit towards the account and cannot be refunded via InterSwitch. If you require assistance with this provision, please contact support@FlamexHosting.com

FlamexHosting.com reserves the right to change the yearly payment amount and any other charges at anytime.

5, Backups and Data Loss

Your use of the service is at your sole risk. FlamexHosting.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FlamexHosting.com servers.

6, Cancellations and Refunds

FlamexHosting.com reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

* Bank Wire Transfers
* InterSwitch Debit Cards
* Cheque's

There are no refunds on administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy (if any).

7, Resource Usage

User may not:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

8, INODES

The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

9, Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

10, Money back Guarantee

We reserve the right to refund a prorated amount or no refund at all.

11, Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of FlamexHosting.com dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@FlamexHosting.com with justification. All requests must be made in writing via email.

12, Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on FlamexHosting.com, and the right to increase the amount of resources given to plans at any time.

13, Indemnification

Customer agrees that it shall defend, indemnify, save and hold FlamexHosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FlamexHosting.com, its agents, its 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FlamexHosting.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FlamexHosting.com; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from FlamexHosting.com's server.

14, Arbitration

By using any FlamexHosting.com services, you agree to submit to binding arbitration. If any disputes or claims arise against FlamexHosting.com or its subsidiaries, such disputes will be handled by an arbitrator of FlamexHosting.com's choice. An arbitrator from the Nigerian Arbitration Association. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

15, Disclaimer

FlamexHosting.com shall not be responsible for any damages your business may suffer. FlamexHosting.com makes no warranties of any kind, expressed or implied for services we provide. FlamexHosting.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by FlamexHosting.com and its employees.

16, Disclosure to law enforcement

FlamexHosting.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

17, Changes to the TOS

FlamexHosting.com reserves the right to revise its policies at any time without notice.