Terms of Service Agreements

TERMS OF SERVICE (TOS)
Fleener Web Hosting Terms of Service (this Agreement) govern your purchase and use of all Fleener Web Hosting services.

1. ENTIRE AGREEMENT
A. Fleener Web Hosting shall provide its Service to you (the Client) under the Terms and Conditions of this Fleener Web Hosting Agreement. The Agreement is intended to keep the integrity of both Fleener Web Hosting and the Client and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

B. Client's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Client for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.

C. You understand and agree that the Service is provided "AS-IS" and that Fleener Web Hosting assumes no responsibility for the timeliness, deletion, failure to deliver or store any Client communication or personalization settings.

D. This Agreement will be automatically renewed at the end of the Initial terms or any Renewal Term for a period of thirty (30) days unless you provide Fleener Web Hosting with written notice termination at least seven days (7) before the end of the Initial Term or Renewal Term, whichever is then applicable. To provide your notice of termination you must submit a ticket to the Cancellation Department via http://www.fleenerwebhost.net/cancel.php and write a letter to initiate the cancellation of your service.

E. We urge all Clients to read and understand our TOS. If your account is cancelled for violations of any these policies, you will not receive any refund on one of your chosen plan fees.

2. Fleener Web Hosting - HOSTING SERVICES
A. Bandwidth - Each hosting plan include enough bandwidth for monthly. Additional bandwidth is available. Contact our sales department via Submitting Ticket. Bandwidth might cause your site get suspended due over bandwidth usage (see Section 13 below).

B. Disk Space - Additional disk space is available (see Section 14 below). Contact our sales department via Submitting Ticket.

C. IP Address - Fleener Web Hosting traces all IP addresses for security and abuse reasons.

D. SSH - not included in hosting plans.

E. IP Address - Fleener Web Hosting hosting accounts do not include IP address. For many Clients IP address is important for starting SSL hosts and that's why we allow purchasing IP addresses. Contact sales department via Submitting Ticket.

3. SERVICE LEVEL AGREEMENT
Fleener Web Hosting guarantees at least 99% network uptime. This excludes schedules maintenance, reboots, self-inflicted downtime, acts of God, backbone issues, DDoS attacks, hardware failure, and downtime on individual servers, service failures, labor strikes, or other conditions out of the Company's control. In the unlikely event that we fail to meet our network uptime guarantee, we will issue a prorated credit to your account to be credited off your next invoice. Per the TOS, we offer no refunds after 7 days refund agreement.

4. MONEY BACK GUARANTEE/REFUNDS POLICY
Fleener Web Hosting offers a 7-day money back guarantee. If you are not satisfied with our hosting service, you can submit ticket to our Billing/Sales Department and receive a full refund for your hosting plan within 7 days after you purchased the account. However, the one time set-up fees are non-refundable. After 7 days of money back, all payments to Fleener Web Hosting are non-refundable. If you believe you have been overcharged or falsely billed, you must communicate these concerns to our Billing Department within twenty-four (24) hours of such over charge or false billing. All communications with the Billing Department must be made via our online ticketing system located at http://fleenerwebhost.net/clients/submitticket.php.

5. PAYMENT POLICY
A. All fees for Service provided by the Company are due in advance on the day purchase of each billing cycle. Fleener Web Hosting will charge Clients with fees based on the fee structure at the time of the sign-up price. Client's shall be responsible to ensure that full payment is received prior to the designated invoice due date. Reminder invoices are not guaranteed. All Services suspended or disconnected for non-payment are subject to a mandatory reconnection charge of $25.00 USD per service suspended or disconnected plus the amount of past due, 25% or $7.50 late fee due. All payment must be made BEFORE reconnection being made. Any account that remains delinquent for more than five (5) days following suspension or disconnection of services is subject to immediate cancellation of all Services provided. In the event of cancellation for non-payment, all Services provided by the Company will be terminated, and all associated data will be permanently lost. The Client acknowledges that the Company is not responsible for any data lost due to cancellation for non-payment.

B. Clients understand if the payment is made late before suspension will be charged 25% or $7.50 late fee.

C. All monthly payment of any kind is due within seven (7) days Client signed up of each month. If the payment is not made within five (5) days after the due date will place your account suspended.

D. Check/Money Order: We are NO LONGER accept personal or company checks of any kind.

All invoices that remain unpaid after thirty (30) days of the designated invoice due date will be referred to our collections agency. In the event your account is referred to the collections agency, you agree to pay a "Collections Fee" of $100.00 USD, in addition to the original amount due, late fee and any reconnection charges. If civil litigation is deemed necessary to collect a past due balance, the Client agrees to pay the Company all court and attorney fees, in addition to our Collections Fee, original amount due, late fee, and any reconnection charges. The Client agrees to a place of venue of the Company's choosing.

6. CHARGEBACKS
Initiation of any complaint or chargeback against Fleener Web Hosting constitutes a severe breach of this agreement. A "complaint or chargeback" shall be defined as initiating any form of complaint or chargeback with Paypal and/or your credit card issuer or bank. Upon receipt of a complaint or chargeback, or threat thereof, the Company will immediately suspend or disconnect all Services provided to the Client. If we do not hear from the Client within twenty-four (24) hours of such suspension, we will immediately cancel and terminate all Services provided by the Company, not just the Service that is being disputed. We will then initiate proceedings with our collections agency to collect the full amount for Services that were charged back. In the event our collections agency is involved, the Client agrees to pay a "Collections Fee" of $100.00 USD, in addition to the total of all charged back services. Please note that threats of a complaint or chargeback will be treated the same as an actual complaint or chargeback.

7. CANCELLATION POLICY
A. You may cancel your Services with Fleener Web Hosting at anytime by providing the Company with not less than seven (7) days prior written notice of your intent to cancel Services. All cancellation requests must be submitted to the Company via our online Cancellation system at http://www.fleenerwebhost.net/cancel.php, and must be submitted to the "Cancellation Requests" queue and contain all information requested by that queue. Only cancellations received via the ticketing system will be considered official.

B. We must emphasize that if you do not cancel a Service at least seven (7) days prior to your next scheduled due date for that Service, it will be assumed that you intend to renew the Service for an additional billing cycle, and you will be responsible for payment of the next generated invoice. Failure to pay an invoice generated will result in actions being taken in accordance with Section 5 of the Agreement, and will be dispatched to our collections agency for action.

8. SUPPORT POLICY
The Company will provide priority technical support services to the Client for provided Services, subject to the terms of the Agreement. Technical support services are available 24 hours per day, 6 days per week, with the exception of Sundays and holidays and brief company meetings when we close our support centers. All technical support issues are handled solely via our online ticketing system at http://fleenerwebhost.net/clients/submitticket.php. Technical support is NOT available via telephone, fax, instant messenger, or any other method except our online ticketing system. Any Client requesting technical support using any other method than our online ticketing system or "Live Help Chat" will be subject to warning, suspension, fines, or termination at our sole discretion. We limit our technical support services to our area of expertise. We provide support solely for issues directly related to the physical functioning of your account. In all cases, assistance with coding, programming, or third-party programs is not covered by our technical support.

9. SUPPORT ABUSE
Abuse or disrespect directed towards our staff or network staff will never be tolerated. If you are disrespectful, use foul language, threaten us, or do anything else we may find offensive, you will be considered in severe breach of this agreement. Violations of this policy carry heavy penalties including, but not limited to, warning, extended suspension, fines, or disconnection of all Services provided, or cancellation of all Services provided. Prior to un-suspension or disconnection of a Service suspended or disconnected for violation of this policy are subject to a mandatory "Administrative Penalty" of $100.00 USD. As per this agreement, no refunds will be offered in the event that cancellation is considered.

10. ABUSE PROCEDURES
The Company is under no duty to look at the Client's activities to determine if a violation of the Agreement has occurred, nor do we assume any responsibility through the Agreement to monitor or police Internet-related activities. In the event the Client is found to be in violation of the Agreement, we will immediately dispatch a "Policy Enforcement Notice" to the primary e-mail listed on the Client's account. This Policy Enforcement Notice will contain a list of files, logs, or complaints as evidence of abuse, and a specified time period in which to resolve the issue. Failure to respond to a Policy Enforcement Notice within the designated time period will result in suspension or disconnection of the Service that is in violation of the Agreement. Notification of a violation prior to suspension or disconnection cannot be guaranteed in all cases. All Services suspended or disconnected for abuse issues are subject to a mandatory "Administrative Penalty" of $100.00 USD, which is due and payable prior to un-suspension or reconnection of a suspended or disconnected service. In the event of an emergency abuse issue, Fleener Web Hosting reserves the right to access your account or server to suspend, clean, or remove the offending material.

11. LIMITATION OF LIABLITY/WARRANTIES/BACK UP COPY
Fleener Web Hosting provides hosting services on an �as is� and �as available� basis without warranties.

Fleener Web Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Fleener Web Hosting servers going off-line or being unavailable for any reason whatsoever. Further, Fleener Web Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Fleener Web Hosting servers. Fleener Web Hosting may or may not keep all file in backup disk(s). Fleener Web Hosting takes no fully responsibility in the unlikely event that our file(s) becomes lost, deleted, or stolen. If you are a webmaster of your website, it is each Client responsibility to keep a working backup copy of all your files on your hard drive or other forms of disk(s) in unlikely event that your account is deleted or lost.

12. ACCEPTABLE USE POLICY
In order to provide for a safer, more reliable service, we are forced to restrict certain content and activity from our Services. This Acceptable Use Policy provides an outline of content or activity that is prohibited on our servers. Any account found to be in violation of our Acceptable Use Policy is subject to action in accordance to Section 10 of this agreement. The following would constitute a violation of this agreement :

A. Child Pornography. Use of our service to host, distribute, or link to any website containing child pornography is strictly prohibited. Any account found in violation of this provision will be immediately terminated from our servers and reported to the U.S. Customs Agency for prosecution. We urge anyone who finds child pornography on the Internet to report it immediately to the U.S. Customs Agency by calling toll free to 1-800-BE-ALERT.

B. Copyright Infringement. Fleener Web Hosting supports all copyrights laws. Use of our service to host any content that violates the copyright or trademark rights of another person is strictly prohibited. Any account found to be hosting material that infringes another's copyright will be ordered to remove the content from the server immediately. Failure to do so will result in account suspension and pay "Administrative Penalty" of $50.00 USD.

C. Denial of Service. Any Denial of Service (DDoS) attack originating from or directed toward our network cannot be tolerated. If your server is the source of or target of any DDoS attack, your server may be immediately disconnected and/or your IP addresses null-routed.

D. Fraudulent Websites. Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam is prohibited. Furthermore, any website conducting fraudulent business by false advertising or poor business practices that may subject us to liability or public ridicule are not welcome on our network.

E. Hacking / Cracking. Any attempt to access or circumvent secured network devices using our network is strictly prohibited. Any server found to be hacking or cracking will be immediately disconnected and subject to cancellation without refund.

F. Harassment or Threats. Use of Fleener Web Hosting�s services to transmit any material, by means of e-mail, uploading, posting or otherwise, that threatens or encourages bodily harm or destruction of property; or that harasses another person. Such content is forbidden from our network and subject to suspension. In the event a crime is committed, your and our local authorities will be contacted.

G. Identity Theft. Use of Fleener Web Hosting's services to host, distribute, or link to any stolen account identification information is strictly prohibited and will result in immediate disconnection of all Services provided and a referral to the FBI.

H. Illegal Use. Use of Fleener Web Hosting's service to promote, encourage, or conduct in illegal activity is strictly prohibited. This includes, but is not limited to, websites promoting or encouraging illegal drug use (including "educational" websites), Warez usage, or anything else deemed illegal by Local, State, and Federal Laws.

I. Invalid Contact Information. All Clients must provide us with, and keep current, valid contact information for their Clients profile. Any Client found to have provided us with a false name, address, phone, or e-mail is subject to suspension pending receipt of valid information from the Client and subject to a mandatory reconnection charge of $25.00 USD per service.

J. IRC Networks. Use of our network to host, distribute, or link to any IRC network or IRC program is strictly prohibited. Any account found to be hosting any IRC-related content is subject to immediate account suspension, probation, and a two hundred USD ($200.00) server clean-up fee.

K. Pedophilia. Use of our service to host, distribute, or link to any descriptions of sexual activity involving children is strictly prohibited. Any server found hosting such content is subject to immediate disconnection and review for possible immediate cancellation.

L. Phishing / Spoofing. Use of Fleener Web Hosting's service to collect any personal, financial, or other data from other persons without their knowledge is expressly prohibited. Any account found to be Phishing / Spoofing from our servers will be terminated without warning and referred to the Federal Bureau of Investigation for prosecution.

M. Scanning. Use of our service to probe, scan, or find vulnerabilities of secured network devices is strictly prohibited. This includes the use of port scanners or any other tool that might constitute a violation of the Agreement. All users found in violation of this section are subject to immediate disconnection.

N. Shell Accounts. Use of our service to host accounts primarily for shell access to the server is strictly forbidden. These types of services are simply asking for abuse issues, and as such are not allowed. Any server found in violation will be asked to cease and desists such service.

O. Spam Email. Use of our services to transmit Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) is strictly prohibited. Violations of this provision carry severe penalties, including immediate termination of service. In the event the Client is found to be engaging in UCE or UBE, we will immediately launch an investigation of the issue. We may seize the server in question for investigations. In the event it is found that the Client has engaged in UCE or UBE, we will immediately terminate all Services provided to the Client and send to collections a "Clean up Fee" of $500.00 USD.

P. Spamvertized Website. Use of our service to host or link to a website that is advertised or linked to via UCE or UBE is prohibited. If the Client is hosting a website that is advertised or linked to via UCE or UBE, the Client must terminate the website, regardless if the account in question sent the UCE or UBE.

Q. Support Abuse. As outlined in Section 10 of this agreement, any abuse or disrespect of our support staff will not be tolerated. This further includes abuse of our helpdesk by sending in multiple tickets for the same issue, "bumping" tickets, or otherwise abusing our staff or support resources. If Client violates of this terms will be charged "Administrative Penalty" of $25.00 USD.

R. Terrorist Sites. Use of our service to host, distribute, or link to any websites or content that advocate terrorist activity are subject to immediate disconnection and referred to the Federal Bureau of Investigation for further investigation.

S. Torrents & Torrent Trackers. Use of our service to host, distribute, or link to any torrent website or torrent tracker is strictly forbidden. Any account found hosting said material is subject to immediate suspension and action in accordance with this agreement.

T. Virus / Worm / Trojan. Use of Fleener Web Hosting's service to host, distribute, or link to any virus, worm, Trojan, or other dangerous item will result in immediate account termination without warning and send to collections a "Clean up Fee" of $1000.00 USD. Viruses and worms can cause the infection of thousands of computers in just a few minutes, and thus are not permitted on our network.

U. Warez and Serialz. Use of our service to host, distribute, or link to any Warez or Serialz is strictly forbidden. Furthermore, hosting of any website that promotes, encourages, or is related to use or distribution of Warez or Serialz is prohibited.

13. BANDWIDTH OVERAGES
If your account exceeds its monthly transfer quota, your account will be charged an additional $14.00 for each 5gb of transfer that is over your plans limit. If your account is exceeding its bandwidth limit every month, you are advised to upgrade to a higher plan or Contact Us to arrange for a increased bandwidth plan. Available additional bandwidth is $9.00 USD/5gb/mo. Failure to pay over limit will place your website suspended until it paid for and subject to a mandatory reconnection charge of $25.00 USD per service.

14. DISK QUOTA OVERAGES
If your account exceeds its monthly disk quota, additional disk space will be automatically added to your account at the rate of $5.00 per month for each 10 MB of additional disk space used. Contact Us for an interest in increased disk space. Choose appropriate disk space at sign up or upgrade.

15. RETURNED CHECKS
In case your check returned by your bank for any reason, your account will be automatically suspended without notices and all the files will be removed. There is will be $30 returned check fee & up. To reinstated your account, it is Client responsibility to pay the following fees: Amount of returned check, returned check fee, and mandatory reconnection charge of $25.00 USD per service to be paid in full by money order by postal mail or by Western Union before restored your account being made. In that future, Fleener Web Hosting will no longer accept Client's checks.

16. MODIFICATIONS TO THIS AGREEMENT
Fleener Web Hosting reserves the exclusive right to modify or change this agreement, in whole or in part, without prior notice to you. It will be the responsibility of the Client to view the latest available version of this agreement via our website at http://www.fleenerwebhost.com/tos.html

If you are websites viewer and find any websites under our servers that are violates of this TOS, Please report to Abuse Center.

Fleener Web Hosting reserves the right to terminate an account at any time and for any reason that violation our Term of Service Agreement (T.O.S.).

Last Updated : September 1, 2008
Huntington Beach, California, USA