Terms of Service The following Terms of Service must be agreed to and abided by for use of our services. Free Linux Hosting reserves the right to modify the Terms of Service at any time, and without notice as is deemed necessary by Free Linux Hosting. Please read these terms and conditions carefully before signing up for our products and services. TOS Agreement – Updated 1 February 2011 Free Linux Hosting's primary responsibility is to provide the highest level of services to all of our subscribers. In pursuit of our primary responsibility, Free Linux Hosting agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS). Use of Free Linux Hosting's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Free Linux Hosting's TOS. 1.) Account Setup / Subscriber Information Your account will be setup after we have received payment and screened the order(s) in case of fraud. 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. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied. 2.) Transfers We cannot make guarantees of the transfer process from your previous host to our hosting servers. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host. Our Transfer Assistance is limited to the first 20 cPanel to cPanel accounts. A charge of $3/per cPanel thereafter will be charged to your account. 3.) Content All services provided by Free Linux Hosting may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Free Linux Hosting 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 firstname.lastname@example.org with the information. The following tasks are strictly prohibited on our servers and will result in immediate suspension/termination of account: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, 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. Malware and Spam script sites will be terminate without notice and without recourse. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours. If in doubt regarding the acceptability of your site or service, please contact us at email@example.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography:. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question because it violates our TOS and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. 4.) 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. Free Linux Hosting reserves the right to require changes or disable as necessary any website, 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. Free Linux Hosting reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee. This cost of the clean up fee is entirely at the discretion of Free Linux Hosting. 5.) Payment Information You agree to supply appropriate payment for the services received from Free Linux Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify Free Linux Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellation: Because cancellation is automated, Free Linux Hosting requires a written cancellation notice via the customer portal, a minimum of 72 hours prior on the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite 72 hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is required through the online Customer portal located at http://freelinuxhosting.net/clients. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law Cancellations must be done in writing via the cancellation form provided in your Client Portal. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. As a client of Free Linux Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for three (3) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Failure to remit payment for services within five (5) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $15 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $40 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law. Once the account has been suspended you will have 5-days to pay your unpaid invoice. If the invoice is not paid within 5-days of the due date the account will be automatically terminated and all data will be lost. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact firstname.lastname@example.org Free Linux Hosting reserves the right to change the monthly payment amount and any other charges at anytime. 6.) Backups and Data Loss Your use of the service is at your sole risk. Free Linux Hosting 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 Free Linux Hosting servers. If you find that you need a backup and if we have a recent backup there will be a $20 backup restore fee. 7.) Cancellations and Refunds Free Linux Hosting 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. Free Linux Hosting gives you an unconditional 7 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after 7 days will not be initiated. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled 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. 8a.) Resource Usage User may not: a) Use 15% 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. Please note that you may link to torrents off server, but may not host or store them. 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") 8b.) INODES suspension. The use of more than 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our index.html backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A counted directory called homework is counted as 1 INODE as well. 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. 10a.) Money back Guarantee Each of Free Linux Hosting's managed shared and reseller servers carry a 7 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 7 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to administrative fees, install fees for custom software, or domain name purchases. 10b.) 99% Uptime Guarantee or you earn our Downtime Credit 12- Free Linux Hosting guarantees that your website will be up and running 99% of the time during any 12-month period or we will credit your account for the time the server is down. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Free Linux Hosting’ has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Web Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Free Linux Hosting’ cannot directly influence. In the event of a downtime; we will calculate the time that your site was down; and based on that time and the price of the subscription that you have with Free Linux Hosting; we will credit this value to your Hosting Account. If the reason of the downtime was due to an attack or attempted attack on our servers; you will not receive any credit, however, your account will immediately terminated and Law Enforcement Agencies will be contacted and criminal and civil charges will be pursued to the fullest. 11.) Reseller: Client Responsibility Resellers are responsible for supporting their clients. Free Linux Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Free Linux Hosting will hold any reseller responsible for any of their clients actions that violate the law or our TOS. 11a. You/your clients are not permitted to offer ONE-OFF PAYMENT/LIFETIME hosting plans under any circumstances. Your packages must be payable monthly/annually by your clients to you directly; 11b. You/your clients may not offer free, or almost free hosting of any nature; 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 Free Linux Hosting, and the right to increase the amount of resources given to plans at any time. 13.) Prohibition of Adult Content Subscribers of Free Linux Hosting’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content. "Fair- 14.) "Fair-Use" Resource Assignment Free Linux Hosting offers high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts. The intention of Free Linux Hosting is to provide ample resources for customer convenience, so that customers needn't to worry about exceeding limits. It is acknowledged by users of Free Linux Hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Free Linux Hosting servers. It is also acknowledged by users of Free Linux Hosting services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. Free Linux Hosting takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Free Linux Hosting services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Free Linux Hosting, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates. It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Free Linux Hosting reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair- use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, 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 sole discretion of Free Linux Hosting. If a "Fair-Use" breach occurs, which's determination is solely up to Free Linux Hosting, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by Free Linux Hosting, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Free Linux Hosting may have to take. 15.) Change of Nameservers In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Free Linux Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Free Linux Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration’s registrar. 16.) Support Boundaries Free Linux Hosting provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: Free Linux Hosting provides support related to your service plan’s features’ physical functioning. Free Linux Hosting does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the technical support helpdesk located in your Free Linux Hosting control panel. If you are able to get online and have other questions, the answers may be in our Knowledge Base. We encourage you to check there first. Lastly, the "Quick Help" option in the control panel you are using may have the answer to your question. Please investigate these resources before contacting tech support. 17.) Network IP Address Ownership If Free Linux Hosting assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Free Linux Hosting and the subscriber shall have no right to use that IP address except as permitted by Free Linux Hosting. Free Linux Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Free Linux Hosting. Free Linux Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time. 18.) Disclosure to Law Enforcement The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Free Linux Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber. 19.) Indemnification Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein. 20.) Severability If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 21.) Applicable Law This TOS is subject to the governing laws of the United States. laws 22. We abide by U.S. trade embargo laws so we are not permitted to sell accounts to: Sudan, Syria, Cuba, North Korea, Iran & Cote d' Ivoire;...NO EXCEPTIONS. resellers who 23. You agree to offer your own clients technical support as best you can. Our top priority is our obligation to our own resellers who have bought directly from us, rather than someone who has bought from you, one of our resellers. So to confirm, our top support priority is, as you'd expect, to our own clients accounts first, i.e. technical support for your own hosting account. We can't guarantee to offer the same superior level of support for and enquiries from your clients, or your clients' customers. We do understand that for some people, hosting is a learning curve and naturally we'll help anyone and everyone when ever we can; You/your Nor 24. You/your clients agree that we are not responsible for migrating/transferring/uploading/editing any website contents whatsoever. Nor are we smoothly responsible for supporting third party scripts. We are hosting providers and are here to ensure the servers are running smoothly at all times. No free accounts are supplied with any website contents and you are responsible for providing your own/downloading and editing any free templates offered to you free with your purchase; 25. We take no responsibility for any false claims YOU may offer your clients. We do not believe in such practices and would strongly advise that you do not mislead your clients in any way. It is highly illegal and action may be taken against you; account 26. You/your clients agree that if the owner of a reseller account stops hosting with us for what ever reason and moves it elsewhere/deletes it/issues a chargeback/Paypal dispute or similar, Free Linux Hosting are in no way responsible for any accounts affected which were held under the affected reseller account. The reseller is solely responsible for their own clients, therefore Free Linux Hosting will in no way take over support for any clients Linux Hosting, left behind. All reseller accounts are treated as the sole property of the reseller and are trading independently of Free Linux Hosting, therefore if a reseller chooses to do something which adversely affects accounts under it, Free Linux Hosting take no responsibility for any loss of a financial responsible nature or any other nature what so ever. The reseller will therefore be solely responsible for refunding their clients as they see fit. 27. Please note that SSH access is disabled on all client accounts because it is a huge security risk to enable it. 29 Clients who subscribe for our free hosting should not use free domain like co.nr, co.cc, co.nz etc .Account will be terminated immediately 29. without prior notice. Clients should have their own domain name to use our free hosting services. intimation 30. Free Linux Hosting Reserves the right to put banner ads/ text ads forcefully without prior intimation on clients using our free hosting services to cover of costs.
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