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| Acceptable
Use Policy (AUP) / Terms Of Services (TOS) |
This FlexiReseller Acceptable Use Policy ("AUP") describe
the proper kinds of conduct and prohibited uses of FlexiReseller's
hosting services (the "Services"). This AUP is not exhaustive
and FlexiReseller reserves the right to modify this AUP
at any time, effective upon posting of the modified AUP
at http://flexireseller.com.
By registering for and using the Services, and thereby accepting
the terms and conditions of this AUP, you agree to abide
by these conditions as modified from time to time. Any violation
of the AUP may result in the suspension or termination of
your account or such other action as FlexiResellers deems
appropriate.
IMPORTANT
NOTE - FlexiReseller has the right to discontinue
service, or deny access to anyone who violates our Policies
or the terms and conditions shown below WITHOUT WARNING
OR PRIOR NOTICE. No refunds or fees paid will be made if
account termination is due to violation of the terms outlined
below.
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| Server
Abuse |
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Any attempt to undermine or cause harm to a server, or customer,
of FlexiResellers is strictly
prohibited.
Unauthorized
use of other people's accounts or computers FlexiReseller
will strongly react to any use or attempted use of an Internet
account or computer without the owner's authorization. Such
attempts include "Internet scamming" (tricking other people
into releasing their passwords), password robbery, security
hole scanning etc.
Any
unauthorized use of accounts or computers by a FlexiReseller
customer, whether or not the attacked account or computer
belongs to Flexihosting, will result in action against the
attacker. Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action, depending
on the seriousness of the attack.
Customers
may not run IRC, bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming, pornographic
content, illegal content, copyright infringement, trademark
infringement, warez, cracks, software serial numbers, and/or
anything else determined by FlexiReseller to be unacceptable
use of FlexiReseller's services including abuse of server
resources.
All
hosting accounts may be terminated that include the following
content or which have links to the following content:
» |
Providing
material that is grossly offensive to the Web
community including blatant expressions of bigotry,
racism or hatred. |
» |
Promoting
or providing instructional information about illegal
activities, or promoting physical harm or injury
against any group or individual. |
» |
Displaying
material that exploits children under 18 years
of age. |
» |
Acts
of copyright infringement including offering pirated
computer programs or links to such programs, information
used to circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers
for software programs, or any type of cracker
utilities. |
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| Unsolicited
Email (Spam) |
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Unsolicited commercial advertisements (spam) are not allowed
in e-mail, and will likely result in account cancellation.
FlexiReseller
takes a zero-tolerance approach to spam originating from
our servers or for spam advertising of domains hosted on
our servers.
The
following activities are not allowed:
» |
Unsolicited
bulk or commercial messages ("spam"). This includes,
but is not limited to, bulk mailing of commercial
advertising, informational announcements, charity
requests, petitions for signatures, and political
or religious tracts. Such messages may only be
sent to those who have explicitly requested it
from your domain. |
» |
Forging,
altering or removing electronic mail headers is
prohibited. Any domain sending stealth spam will
be terminated without warning and without refund.
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Sending
numerous copies of the same or substantially similar
message with the intent to disrupt a server or
account ("mail bombing"). |
» |
Spamming
Newsgroups: Commercial advertisements are unwelcome
in most Usenet discussion groups and on most e-mail
mailing lists. Inappropriate posting may result
in account cancellation. "Spamming," or sending
a message to many different off-topic newsgroups,
is particularly unethical and will be treated
as such. |
» |
Mail
may not be used to harass or intimidate others.
Harassment, whether through language, frequency
of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered
harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further
messages. |
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Providing
spamware (software used to send bulk email or
software used to harvest email addresses) or links
to sites providing spamware is strictly prohibited
and subject to demand for removal or account cancellation. |
Note:
If you use the services of another provider (including but
not limited to the use of address lists obtained from a
third party vendor or provider) to promote a web site hosted
by or through FlexiReseller (spamvertising), then the provisions
of the above Policy shall apply as if the spam were sent
through our servers.
Penalty:
Depending on the severity of your SPAMMING, FlexiReseller
reserves the right to charge you between $1.00 - $100.00
PER SPAM sent through our network. Your web site content
will also be confiscated and it will be NEVER returned to
you.
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| CGI
Scripts |
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Each shared Unix web hosting account comes with its own
cgi-bin, in which you are free to use any*
CGI scripts you wish.
*See the Server Resource Abuse section.
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| Server
Resource Abuse |
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Shared server accounts are limited in use of the amount
of server resources. Shared server resource abuse includes
any process or service usage that affects normal shared
server operation, resources or connectivity, and which causes
a server to become overloaded. Shared server resources include
CPU and memory usage, number of concurrent processes, number
of concurrent port or database connections and total bandwidth.
FlexiReseller will be the sole arbiter as to what constitutes
a violation of this provision. Possible causes of server
resource abuse include, but are not limited to, the use
of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION,
HTTP, SMTP, POP3 and FTP. Shared server accounts are NOT
allow to send more than 2000 emails per day. If server resource
abuse is detected, possible actions include, but are not
limited to: disabling of the offending script or scripts,
disabling of the specific service, disabling of the entire
account or account cancellation. If server overload is a
result of server resource abuse, these actions will be taken
without prior notice or warning.
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| Banned
Scripts / Software |
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The following scripts, services and software are not permitted
on our servers. Both Unix and Windows based scripts.
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Ikonboard
(all versions) |
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The
Anonymizer |
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UltimateBBS
(all versions) |
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All
soap mailers |
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Egg
Drops |
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BitchX
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psybnc
(all versions) |
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guardservices
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Proxy
Servers |
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ptlink
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nph-proxy
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bnc
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Greymatter
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We
do not allow clients to install their own chat rooms within
a shared hosting account, without approving it with the
FlexiReseller
Support Team. Most chat rooms tend to be large system hogs
and we cannot allow it as an account option.
Note:
Parachat chat rooms do not apply to this rule. They are
perfectly fine to install.
We
do not allow clients to send more than 2000 pieces of e-mail
per day from a shared hosting account. If you do send more
than 2000 pieces of e-mail per day, your account will be
placed on hold for Network Abuse. If you are sending legitimate
e-mails and they total more than 2000 per day your account
will be moved to a special server that is specifically designed
to handle high volumes of e-mail. You will be charged $50.00/month
in addition to your regular hosting charges if your account
is moved to this server. Please contact noc@flexireseller.com
to have your domain moved.
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| Background
Running Programs
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We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra
charge may incurred based on system resources used and operational
maintenance needed.
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| IRC |
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We currently do not allow IRC IRC clients or IRC bots to
be operated on any of our servers. In addition, IRC servers
are not permitted on our network. Anyone found to be in
violation of this policy risks immediate account termination.
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| Excessive
Use/Overages |
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You will not exceed the bandwidth, storage and E-mail usage
limits outlined by your particular web hosting package.
If you use any bandwidth or storage space in excess of the
agreed upon number of megabytes per month or if you exceed
E-Mail storage and attachment size limitations, FlexiReseller
may, in its sole discretion, assess you with additional
charges. If FlexiReseller elects to take any corrective
action, FlexiReseller will not refund any unused pre-paid
fees. Your use of your account and access to it is your
responsibility. You are responsible for any unauthorized
access to your account resulting in bandwidth, storage and/or
E-mail usage exceeding the limits outlined in your particular
web hosting package specifications and resultant charges.
Bandwidth overages are currently billed at $2 per 1GB per
month. Disk space overages are currently billed at $1.50
per 250MB per month.
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| Payment
Policies |
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All accounts are set up on a pre-pay basis. If there are
a setup fees charged, they are non-refundable. All pricing
is guaranteed for the term of pre-payment. FlexiReseller
reserves the right to change prices at any time, unless
other terms have been agreed upon. Any account not brought
current within a week (7 days) of e-mail notice or exceeding
this time frame in any way is subject to suspension. The
customer is responsible for all money owed on the account
from the time it was established to the time that the customer
notifies FlexiReseller
at cancel@flexireseller.com
to request for termination of services. All taxes, fees
and governmental charges relating to the Services provided
hereunder (other than income taxes of FlexiReseller)
shall be paid by Customer. FlexiReseller
accepts paper checks from customers for payment of web hosting
services and fees associated with your account. However,
there will be a $5.00 per check processing fee for each
customer paying by check.
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| Cancellation
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FlexiReseller reserves the right to cancel service at any
time. All fees paid in advance of cancellation will be pro-rated
and paid by FlexiReseller if FlexiReseller institutes its
right of cancellation. Any violation of policies which results
in extra costs will be billed to the customer (i.e. transfer,
space etc.)
All
of FlexiReseller's web hosting
plans are backed by a 30 day money back guarantee. If you
are not completely satisfied with our services or support
within the first 30 days of your contract, you will be given
a full refund of the contract amount excluding setup fees,
domain registration fees, add-on/upgrade fees and overages.
Setup fees are refundable only if the account order is canceled
prior to account activation. For web hosting contracts of
3 months or less, the full contract amount less any setup
fees and overages will be refunded if FlexiReseller
is notified within the first 30 days following activation.
No refund is available after the 30th day. For web hosting
contracts longer than 3 months, a refund equal to one half
of the contract amount less any setup fees and overages
will be given if FlexiReseller
is notified prior to the first day of the third month of
the contract term. If you cancel prior to the end of your
contract term and you received special pre-pay rates, your
hosting fees will be adjusted so that you pay the regular,
non-discounted monthly fees. No refunds for any reason will
be given once the third month of the contract term has begun.
Cancellations via email requests will not constitute acceptance
of any cancellation. Refunds will be made by company check
or issued back to your credit card within 30 days of receipt
of cancellation. No refunds will be given for any promotional
offer. This include any promotion with or without coupon
purchase.
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| Liability
and Obligations on Cancellation
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If the Agreement expires or is cancelled for any reason,
FlexiReseller is not liable to you because of the expiration
or cancellation for compensation, reimbursement or damages
on account of the loss of prospective profits, anticipated
sales, goodwill or on account of expenditures, investments,
leases or commitments in connection with your business,
or for any other reason whatsoever flowing from the termination
or expiration. If you terminate this Agreement, FlexiReseller
will not relieve you of any obligations to pay fees and
costs accrued before the termination date or any other amounts
you owe to FlexiResellers under this Agreement.
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| Material
and Product Requirements |
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You must ensure that all material and data placed on FlexiReseller's
equipment is in a condition that is "server-ready," which
is in a form requiring no additional manipulation by FlexiReseller.
FlexiReseller will make no effort to validate any of this
information for content, correctness or usability. If your
material is not "server-ready", FlexiReseller may reject
this material. FlexiReseller will notify you of its refusal
of the material and afford you the opportunity to modify
the material to satisfy FlexiReseller's requirements. Use
of the Services requires a certain level of knowledge in
the use of Internet languages, protocols and software. This
level of knowledge varies depending on the anticipated use
and desired content of your Web site. You must have the
necessary knowledge to create and maintain a Web site. FlexiReseller
does not provide this knowledge or customer support outside
of the Services.
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| Intellectual
Property Rights |
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Material accessible to you through FlexiReseller's services
may be subject to protection under the Australia, United
States or other copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when expressly
permitted by the owner of such rights, you must not use
FlexiReseller or its servers and network in a manner that
would infringe, violate, dilute or misappropriate any such
rights, with respect to any material, which you access or
receive through the FlexiReseller network. If you use a
domain name in connection with FlexiReseller or similar
service, you must not use that domain name in violation
of any trademark, service mark, or similar rights of any
third party.
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| Network
Security |
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Customers may not use the FlexiReseller network with an
attempt to circumvent user authentication or security of
any host, network, or account. This includes, but is not
limited to, accessing data not intended for the customer,
logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security
of other networks in search of weakness, or violation of
any other organization's security policy. Customers may
not attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to, flooding,
mail bombing, or other deliberate attempts to overload or
crash a host or network. FlexiReseller will cooperate fully
with investigations of violations of systems or network
security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected
criminal violations. Users who violate system or network
security may incur criminal or civil liability. You are
solely responsible for any security breaches affecting servers
or accounts under your control. If your server or website
is responsible for or involved in an attack on or unauthorized
access into another server or system, Flexihostings will
shut it down immediately. You will pay any charges resulting
from the cost to correct security breaches affecting FlexiResellers
or any of its other customers.
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| Electronic
Commerce |
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You will be solely responsible for the development, operation
and maintenance of your online store and products and all
contents and materials appearing online or on your products,
including without limitation (a) the accuracy and appropriateness
of content and materials appearing within the store or related
to your products, (b) ensuring that the content and materials
appearing within the store or related to your products do
not violate or infringe upon the rights of any third party,
and (c) ensuring that the content and materials appearing
within the store or related to your products are not libelous
or otherwise illegal. You will be solely responsible for
the final calculation and application of shipping and sales
tax. You will also be solely responsible for accepting,
processing, and filling any customer orders, and for handling
any customer inquiries or complaints arising there from.
You
are also responsible for the security of any customer credit
card numbers and related customer information you may access
as a result of conducting electronic commerce transactions
through your Web Site. You will keep all such information
confidential and will use the same degree of care and security
as you use with your confidential information.
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| Static
/ Dynamic Content Caching |
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You expressly (i) grant to FlexiReseller
a license to cache the entirety of your Web Site, including
content supplied by third parties, hosted by FlexiReseller
under this Agreement and (ii) agree that such caching is
not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
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| Torturous
Conduct |
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Any abuse towards any FlexiReseller or INET Group employees
will not be tolerated. You are expected to request and respond
to support and other issues in a professional manner, when
emailing FlexiReseller.com
or utilizing the Ticket Desk Support System, refrain from
using caps, exclamation points, and other forms of written
yelling. Any cursing, yelling, or further intentional disruptive
behavior aimed at FlexiReseller or INET Group or its employees
shall be considered a violation of this TOS.
Any
threat; whether verbally, orally, written, or delivered
by second parties directed towards FlexiReseller or INET
Group or any of it's employees, partners, equipment, and
concerns shall be construed as a violation of this TOS.
Any conduct viewed as violating this section shall be considered
a violation of this TOS. FlexiResellers or INET Group will
be the sole arbitrator in regards to what is deemed a violation.
No
refunds shall be given when the contents of this section
necessitates removal of the account.
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| IP
Address Ownership |
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FlexiReseller shall maintain and control ownership of all
IP numbers and addresses that may be assigned to you by
FlexiResellers and FlexiReseller reserves, in its sole discretion,
the right to change or remove any and all such IP numbers
and addresses.
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| Domain
Name Registration |
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Customer agrees to pay FlexiReseller prior to the effectiveness
of the desired domain name registration, the then-current
amounts set forth in the FlexiReseller price schedule for
the initial registration of the domain name and, should
Customer choose to renew the registration, subsequent renewals
of the registration. All fees are non-refundable, in whole
or in part, even if Customer's domain name registration
is suspended, cancelled or transferred prior to the end
of Customer's then current registration term. FlexiReseller
reserves the right to change fees, surcharges, renewal fees
or to institute new fees at any time, for any reason, at
its sole discretion. Customer's requested domain name will
not be registered unless and until we receive actual payment
of the registration fee, and have confirmed Customer's registration
in an email from FlexiReseller to the email address indicated
in Customer's registration application. In the event of
a charge-back by a credit card company (or similar action
by another payment provider allowed by FlexiReseller) in
connection with the payments of the registration fee for
Customer's domain name registration, Customer agrees and
acknowledges that the domain name registration shall be
transferred to FlexiReseller as the paying entity for that
registration to the registry and that we reserve all rights
regarding such domain name including, without limitation,
the right to make the domain name available to other parties
for purchase. FlexiReseller will reinstate Customer's domain
name registration solely at FlexiReseller's discretion,
and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee.
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| Lawful
Purpose |
FlexiReseller reserves the right to refuse service to anyone.
Customers may only use FlexiReseller server for lawful purpose.
Transmission of any material in violation of any Federal,
State or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected
by trade secrets. The designation of any materials as such
described above is left entirely to the discretion of FlexiReseller
management. Regardless of the place of signing this agreement,
the client agrees that for purposes of venue and jurisdiction
this contract was entered into and performed in Victoria,
Australia and any dispute will be litigated or arbitrated
in Victoria, Australia. Customer further waives all objections
to venue or jurisdiction and acknowledges that venue and
jurisdiction in any such litigation will be held in Victoria
Courts. IN NO EVENT SHALL FlexiReseller's MAXIMUM LIABILITY
EXCEED THREE HUNDRED ($300.00) DOLLARS.
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| Indemnification
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CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD FlexiReseller
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES,
COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST FlexiReseller,
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,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS FlexiReseller
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH FlexiReseller's
SERVER; (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 CUSTOMER FROM FlexiReseller's SERVER.
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| Disclaimer
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FlexiResellers WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. FlexiReseller MAKES NO WARRANTIES OF
ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
FlexiReseller DISCLAIMS ANY WARRANTY OR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS
OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY,
AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY FlexiReseller
AND ITS EMPLOYEES. FlexiReseller RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME.
ALL
SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF FlexiReseller
MUST ADHERE TO THE ABOVE POLICIES.
FAILURE
TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE
ACCOUNT DEACTIVATION. |
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