Terms Of Service / User Service Agreement

FlehxHosting.com is a privately owned and operated Web-Hosting Company. Our Staff and Support teams ensure 100% stability and quality throughout the entire organization. Any site deemed to be inappropriate, illegal, abusive, or found to break the Terms of Service may be suspended or terminated with no refund, restoration of files, or compensation.

Should a policy violation occur, Flehx Hosting reserves the right to terminate the offending account without notice and without any refunds. The offending client will be held responsible for any damages to the Flehx Hosting system, servers, connectivity, business, service, network, operations, or equipment. The policy violator will also be charged restitution fees.

1. Illegal Content / Activity

Any of the following is considered 'illegal' by Flehx Hosting and will result in your account being suspended without notice, and without a refund. Warez sites, Proxy scripts, Hacked/Cracked/Illegal Software & Scripts, Anonymizers, IRC Bots, clones of banking websites, Sites that promote drugs, abusive behavior, or terrorism. Any spam sites (Forex, Viagra, egold, etc...), copyright-infringing content, Lottery sites, Auto-Refreshers, Hacking, Or any site used solely for storage purposes.

2. SPAM and Unsolicited Email

Flehx Hosting/Flehx Corp dedicated server, VPS, Shared Hosting subscriber(s) shall not facilitate anyone to use Flehx Hostings network or systems to SPAM or send Unsolicited Email. Violations of this policy carry severe penalties, including termination of services. Upon Notification of first violation Flehx Hosting will initiate an investigation and during this period may restrict Subscriber(s) access to network, as it considers necessary. An administrative fee of $250.00 will be charged to your account for this at the end of this investigation Flehx Hosting will determine what is to be done with your account and could lead to termination.

On second violation the same rule applies but the administrative fees will be $500.00

Legitimate bulk email meets the following criteria: 1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.) 2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained. All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription. If Flehx Hosting or Flehx Corp approaches a client for evidence of confirmation, this request must be honoured within 48 hours from the time Flehx Hosting sends such request.

3. Large File Policy:
Flehx Hosting is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@flehxhosting.com.

4. System / Resource Abuse

For customers using a Flehx Hosting shared website hosting plan. Any site, script, or client that requires excessive CPU, Bandwidth, or Disk Space is considered Abusive. Running websites that eat up bandwidth at enormous rates, or sites that fall under the following list will result in suspension without notice and possible termination with NO refund.

- Sites that use 20% or more of the system resources for more then 1 minute.
- Shared hosting account sites that run unattended processes (cronjobs, script refreshes, chat scripts)
- Shared hosting accounts that consist of sites that run game servers (W.o.W, CounterStrike, etc..) Teamspeak, or any tracker, torrent, or clients of the sort.
- Run any scripts or software related to IRC.
- Any script or software that creates large files and removes them repeatedly.

5. Resource Overuse

If any shared webhosting customer goes over the allotted bandwidth amount the user will be required to pay a fee of $2.00 per gigabyte.

6. Adult Content

Legal Adult Content is allowed on our servers. This includes; pornographic images, galleries, animations, videos, or soundclips. Legal Adult Content is defined as any images, animations, videos, soundclips, or stories that depicts individuals OVER THE AGE OF 19 at the time the image, video, soundclip or animation is made. Any content in the form of an image, sound clip or written word depicting sexual or sexually suggestive behavior by a minor (someone under the age of 19) is considered illegal. Any site found to break this rule is subject to termination and possible prosecution as per USA law.

7. Backup / Restore Policy

All Flehx Hosting customers are responsible for keeping a copy of their most recent web site files and database as backup on a remote system (not on Flehx Hosting servers).

Flehx Hosting does conduct it's own backup of all server files, however is not responsible for any lost files, information, or database records.

8. Updates / Software Maintenance

The client understands that system and software updates occur in real-time. Flehx Hosting will however make every effort possible to notify it's clients of pending updates and upgrades. Flehx Hosting reserves the right to modify the processing times at any time without notice. If a client or the Flehx Hosting support team (when authorized by client) makes any modifications to a hosting account, the client is responsible to make sure these updates have occured in their system.

9. Content Use

All shared hosting, VPS and dedicated server customers are required to have 90% or more of their content linked from an HTML, PHP or similarly coded web page where content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. For shared webhosting customers downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk usage. If you are a website hosting customer and extra webspace and bandwidth is needed, it will be allocated in increments of 1GB of disk space and 1GB of bandwidth. When more space and or bandwidth is needed you must contact our support requesting more.

10. Inodes

Shared Hosting account customers may not exceed more than 50,000 Inodes per cPanel. This limit is in place to prevent system overusage. Every email, webpage, file, etc takes up one inode.

11. Support

Flehx Hosting provides free technical support to all of it's clients around the clock. However, in rare cases it may take up to 8 hours for questions to be answered (Billing issues, software issues, technical problems). The Flehx Hosting division does not provide web-design services, script building help, or business advice.

12. Billing / Payments

All services are on a monthly, quarterly or yearly prepayment basis. Flehx Hosting only accepts credit card and paypal payments. Service is activated only after receipt of payment. Credit card payment is authorized and assessed in real time. Once an order is successfully submitted, the client is subject to Flehx Hosting refund policy. All monetary transactions will occur in $ US dollars. No bills or invoices will be sent by postal mail or fax. Flehx Hosting reserves the right to change pricing schedule at any time.

Renewal notification is emailed to the billing contact email address on file. Clients are responsible for keeping their contact information up to date. Clients agree to use a contact email address that is not hosted on Flehx Hosting servers as their billing email. Clients on annual prepayment must renew for annual prepayment at least 2 days prior to the end of their billing cycle. If the client does not renew for annual prepayment, the account will automatically revert to quarterly prepayment.

In the event of any credit card failure, a notice will be sent to the billing contact via email. An attempt will be made to charge the credit card everyday until a successful charge or the end of the billing cycle. If the credit card is charged successfully, a notification of 'successful charge' will be sent to the billing contact via email. If payment is declined in three consecutive billing attempts, suspension of the account will occur.

13. Addons / Additional Features

Additional features can be added at any time. When a feature is added, the client is assessed charges for the month and every upcoming month until the end of their billing cycle. Feature prices are not refunded.

14. Account Reactivation

If an account was cancelled due to client request or billing issues and the client wishes to reactivate the account, he/she can email our billing@flehxhosting.com inorder to reactivate there account. Accounts are reactivated after all outstanding charges are paid, including outstanding hosting charges and NSF check processing fees (if applicable). If an account was cancelled due to policy violation, The Flehx Hosting will not reactivate the account.

15. Refund Policy

The Flehx Hosting offers a 90 day money back guarantee for our shared webhosting accounts only. Once the initial 90 days have passed there are no refunds. The fees for additional features are also non-refundable. There are no refunds for domain registration, dedicated servers, Colocation, or VPS services. If subscriber recieved a FREE domain name as part of a promotional offer and decides to cancel his/her account. Flehx Hosting will charge a one time $15 fee to transfer the domain name to the clients own domain register.

If Flehx Hosting terminates an account due to Terms of Service violations, there will be no refund.

16. Account Cancellation
Customers can cancel service at any time. Account cancellations are not accepted via email. All account cancellations are to be requested through the client's billing control panel support ticket system.

If the client requests cancellation, their account will be terminated immediately. Flehx Hosting reserves the right to delete the web site contents and database without notice.

17. Liability

Clients agrees to defend and hold harmless Flehx Hosting and its parent company Flehx Corp against any liabilities arising out of defective products sold to customers from Flehx Hosting servers, personal injury or property damage caused by products or services sold or distributed from Flehx Hosting servers.

Any material that infringes or allegedly infringes on the rights of a third party available from Flehx Hosting servers, and any material that libels or allegedly libels a third party available from Flehx Hosting servers.

18. Arbitration / Disputes
If any disputes or claims arise against Flehx Hosting or its subsidiaries, such disputes will be handled by an arbitrator of Flehx Hosting choice. All decisions rendered by that arbitrator will be binding and final. Clients are also responsible for any and all costs related to such arbitration.

Final Notes
Although we make every possible attempt to maintain servers, software and updates. Flehx Hosting will not be held liable for any expressed or implied loss of business due to server outages or any (rare, and less then 1% chance) downtime. We make every attempt possible to contact our customers either via e-mail, forum alert, instant message, cPanel alert, or twitter feed pending upcoming issues and/or upgrades.

Flehx Hosting reserves the right to revise and/or edit our policies and Terms of Service Agreements at any time. However, we will make every attempt to notify our customers.