Terms Of Use

Flash Factory™ , Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by Flash Factory™ , Inc. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, material that jeopardizes the national security of the United States or its allies, or material protected by patent or other applicable laws. The subscriber agrees to indemnify and hold harmless Flash Factory™ , Inc., from any claims resulting from the subscriber's use of Flash Factory™ services which damage the subscriber or any other party.

Examples of prohibited content or links:

(includes but is not limited to)

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Pornographic Material (Subject to Flash Factory review and discretion)
• Illegal distribution of music files or any other material in which the account holder does not own the copyright.

Flash Factory™ , Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies

We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

Port Scanning

We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising, Email

Spamming ( i.e. the sending of unsolicited email) from any Flash Factory™ server or any server located on the Flash Factory™ network is strictly prohibited. Flash Factory™ will be the sole arbiter as to what constitutes a violation of this provision. This also includes opt-in/opt-out mail programs and mail that either directly or indirectly references a domain contained within an account hosted by Flash Factory™ .

Running Unconfirmed Mailing Lists

Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Flash Factory™ customers must be closed-loop ("confirmed opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Flash Factory™ Inc.-hosted domain, or referencing any Flash Factory™ account, is prohibited. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send unsolicited and/or bulk email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited. All commercial email marketing companies must adhere to the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) of 2003. In addition such companies are prohibited from sending bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse

Any attempts to undermine or cause harm to a Flash Factory™ server or to a subscriber of Flash Factory™ is strictly prohibited; including, but not limited to, logging into a server or account that you are not authorized to access, accessing data or taking any action to obtain services not intended for you or your use, attempting to probe, scan or test the vulnerability of any system, subsystem or network, tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization, transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system, interfering with, intercepting or expropriating any system, data or information, interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system and any other act Flash Factory™ , Inc. deems harmful. You hereafter known as "client" will be held responsible for all actions performed by your account whether it be done by you or by others with access to your account. All sub-networks of Flash Factory™ , Inc. and all Flash Factory™ servers must adhere to the above policies.

Bandwidth Measurement and Overage Fees

As of August 11, 2004 all bandwidth listings consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $5.95 per GB over.

Support

Basic support and maintenance of Flash Factory™ servers is provided at the discretion of Flash Factory™ , Inc. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows: $100/hour.

Scheduled Maintenance and Downtime

Flash Factory™ , Inc. will use its commercially reasonable efforts to provide services Monday through Friday 9am - 7pm Pacific Standard Time. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("scheduled downtime"); or service malfunctions, and causes beyond Flash Factory™ control or which are not reasonably foreseeable by Flash Factory™ , including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Flash Factory™ will provide at least 48 hours advance notice to the subscriber for scheduled downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Flash Factory™ has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Setup fee is non-refundable as is any recurring subscription fee. The monthly service may be prorated for any refunds at Flash Factory™ , Inc.'s discretion. Any violation of Flash Factory™ , Inc.'s Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing

Your account, hereafter known as "the account" will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates fall on the day the account was created every month.

Check Orders

Accounts for subscribers who wish to pay by check will be setup when the check is received by Flash Factory™ , Inc.

Disabling the account due to delinquency

Accounts will be temporarily disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment

If the account is not paid within 30 days of the invoice date, the account will be terminated and all information contained in the account will be deleted.

Cancellation Procedure

Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Accounts will be terminated by the account holders request only and will be subject to deletion. Flash Factory will not be responsible for any damages in the event that the requested termination of an account results in any measurable or unmeasurable loss for the account holder, the account holders employees or the account holders customers. Cancellation requests will be made in writing and will be processed within 24-48 hours. Request for cancellation does not constitute reason for reimbursement of monthly fees or overage charges. Any past due balance at the time of cancellation will be submitted to collections.

$10.95 Domain Name Registration

Flash Factory™ will register any available .com, .org, or .net domain for $10.95 USD upon creation of a new account or during the upgrade process of any account.

Courtesy Services for Customers

It is the sole responsibility of the client to maintain their own backup of any data unless they have subscribed to the site back-up addon. Flash Factory™ , Inc. is not responsible for any lost data due to any malfunction or irregularity which can occur due to third party software that is not maintained by Flash Factory™ , Inc. (ie. Cpanel or unspecified data centers)

Limitation of Damages

Recovery of any perceived damages from Flash Factory™ may not exceed the amount of total fees Flash Factory™ , Inc. has collected on the account.

General

Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and Flash Factory™ , Inc. By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change solely by Flash Factory™, Inc. administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. Any violation of these Terms of Service will result in termination of the account. Flash Factory™ , Inc. maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between Flash Factory™ and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Nevada law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Mesquite, Nevada USA, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.