Terms Of Service (TOS)

Terms of Service

IMPORTANT NOTICE:   All Payments to FluidServers Inc are Non-Refundable*

Effective June 9, 2010, we block all outgoing mail attempts that establish a direct MX connection over port 25. This change is NOT intended to have any impact on your ability to send/receive email using programs like Microsoft Outlook and Apple Mail. Your webmail or other third-party mail clients will continue to function as normal.

This change is targeted at scripts and applications designed specifically to override the normal path of email sending by acting as a mail transfer agent (MTA). The large majority of popular applications on the Internet do not fall under this category. In other words, 99% of our customers will remain unaffected.

Blocking this activity will reduce outgoing spam, which will in turn help our reputation with external, third-party RBLs (Real-time Blocklist) and ISPs (Internet Service Providers). Ultimately, the best way to prevent being listed is to block spam from leaving our network.

You may appeal this limitation to your account, and have the block fully lifted See Below for requirements:

1) Copy of your state business license

2) Detailed explanation of your business type

3) Detailed explanation of the services you offer

3) Your official company URL (http://www.yourcompany.com) Whois records must match

 

FluidServers Hosting Services Inc. (“FluidServers”, “The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of FluidServers Services constitutes acceptance and agreement to FluidServers’s AUP (Authorized Usage Policy) as well as FluidServers’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS and AUP of FluidServers. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the United States

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, FluidServers shall have the right to terminate all service set forth in this Agreement.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. All accounts and services provided by FluidServers are subject to the current tax rate as imposed by the United States

Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by The Company may be turned over to an third-party collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of no less than $50.00, nor more than $150.00. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to FluidServers are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Company’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay FluidServers an “Administrative Fee” of no less than $50.00 and not more than $150.00.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 15 days notice but not more than 30 days prior written notice and sent to FluidServers Inc. Upon the cancellation notice, FluidServers Inc. has the right to reclaim the server immediately unless stated by the Client to keep service online until the end of the billing cycle.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries: FluidServers Inc. provides 24×7 technical support to our Subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: FluidServers provides support related to your dedicated server’s physical functioning. FluidServers does not offer technical support for application specific issues such as cgi programming, html or any other such issue. FluidServers does not provide technical support for YOUR customers. If you can email, we encourage you to email support (at) FluidServers (dot) com for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

Inbound/Outbound DDoS Attacks: DDoS is an acronym for Distributed Denial of Service Attack. A type of denial of service attack in which an attacker uses malicious code installed on various computers to attack a single target. An attacker may use this method to have a greater effect on the target than is possible with a single attacking machine. As a FluidServers user, you are ultimately responsible for making sure that your account is secured, and that no root kits or viruses are on your server.

Violation of this Inbound/Outbound DDoS policy will result in severe penalties. Upon notification of an alleged violation of this policy, whether your server has become the victim of a DDoS Attack or you are delibrately performing the DDoS, FluidServers will initiate an immediate investigation (within 48 hours of notification). During the investigation, FluidServers may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our DDoS policy, FluidServers may, at its sole discretion, restrict, suspend or terminate customer’s account.

Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175.00 per hour that FluidServers personnel must spend to investigate the matter.

As our Customers are ultimately responsible for the actions of their clients over the FluidServers network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

SPAM and Unsolicited Commercial Email (UCE): FluidServers Inc. takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of FluidServers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of FluidServers Inc.’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, FluidServers will initiate an immediate investigation (within 48 hours of notification). During the investigation, FluidServers may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, FluidServers may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, FluidServers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FluidServers will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an “Administrative Fee” of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175.00 per hour that FluidServers personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers..

As our Customers are ultimately responsible for the actions of their clients over the FluidServers network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE: EFFECTIVE IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Network Issues

IP Address Ownership: If FluidServers assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to FluidServers, and Customer shall have no right to use that Internet Protocol address except as permitted by FluidServers in its sole discretion in connection with the Services, during the term of this Agreement. FluidServers shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by FluidServers, and FluidServers reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the FluidServers Network. Violations of system or network security may result in civil or criminal liability. FluidServers will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

FluidServers is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Limits on Account Privileges: Any User, which FluidServers determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at FluidServers discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.

Account Suspension: Users that FluidServers determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Loss of Preferred Member Status: We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you.

Assessment of Additional Fees & Surcharges

Suspension of Service or Cancellation: FluidServers reserves the right to suspend network access to any customer if in the judgment of the FluidServers network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which FluidServers chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

FluidServers reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of FluidServers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: FluidServers wishes to emphasize that in agreeing to the FluidServers AUP and Terms of Service (ToS), customer indemnifies FluidServers for any violation of the AUP and Terms of Service (ToS) that results in loss to FluidServers or the bringing of any claim against FluidServers by any third-party. This means that if FluidServers is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against FluidServers, plus all costs and attorney’s fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

FluidServers takes no responsibility for any material input by others and not posted to the FluidServers Network by FluidServers. FluidServers is not responsible for the content of any other websites linked to the FluidServers Network; links are provided as Internet navigation tools only. FluidServers disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.

FluidServers is not responsible for any damages your business may suffer. FluidServers does not make implied or written warranties for any of our services. FluidServers denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by.

Responsibility for Content: You, as FluidServers customer, are solely responsible for the content stored on FluidServers Hosting Services.

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