Hosting - Terms and Conditons

Terms and conditions for Hosting packages

All packages include professional consultation to help you determine the best web hosting solution for your web site. All hosting programs include 99% Uptime Guarantee, Web storage space, Multiple POP3 Business E-mail account setup Spark.frs-bd.com, Monthly site analysis and traffic reports, Web based e-mail, forwarding and auto responders, Daily site backup for disaster recovery, FREE Domain transfer, 24/7 tech Support via e-mail.

Unlimited Traffic/Hits & Web Space

Flick Media is pleased to offer our clients unlimited traffic, hits and web space. To maintain the integrity of our service the usage of account for backup or file storage is not allowed as well as the following kind of activities, traffic and usage:

Account usage for backup purposes

• Sites with banners, graphics or cgi's running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
• Sites running large chat room gatherings.
• Topsites
• IRC Scripts and Bots of any kind unless it was explicitly permitted by Flick Media management
• Proxy scripts/anonymizers
• Image hosting similar to Photobucket, Twitpic, Imageshack and others
• AutoSurf/PTC/PTS/PPC sites
• IP scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror similar to Rapidshare and others
• Audio Streaming with more than one or two streams
• Escrow, Bank Debentures, Bank Debenture Trading programs and sites
• High-Yield Interest Programs (HYIP) or related sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
• Prime Banks Programs
• Lottery sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Fraudulent Sites of any kind
• Mailer Pro hosting sites
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Sites using more than 20% of any system resource including but not limited to CPU, RAM or Disk

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or Flick Media may move your site to a different server, to reduce the load on the server you are currently residing. Flick Media will be the sole arbiter as to what constitutes a violation of usage limitations. At any time Flick Media may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms
Flick Media does allow clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs
Flick Media  may allow programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incured based on system resources used and operational maintenance needed.

Cron Jobs
Flick Media does allow Cron Jobs to be conducted on our servers.

IRC
Flick Media currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections
Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts
Flick Media may disconnect any idle connection to the network.

Average timeouts are
FTP - 300 seconds
Telnet - 2 hours


Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a Flick Media. server or using an email address that is maintained on a Flick Media. machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

Flick Media. will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, this causes extreme server loads and prevents other people from accessing server services. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST. Sites with large mailing databases, need to be placed on dedicated server or VPS platform.

Server Abuse
Any attempts to undermine or cause harm to a Flick Media Inc. server or customer of Flick Media. is strictly prohibited. Flick Media. will pursue legal action to the fullest extent for all abuse of the Flick Media Inc.™ Network.

Suspension/De-Activation
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Flick Media reserves the right to remove any account without prior notice. If Flick Media deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.


Privacy Policy

• Flick Media Ltd. respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy Statement outlines the information Flick Media will collect and how we will use that information. All order forms on Flick Media utilize a Secure Socket Layer (SSL) or Secure Electronic Transaction (SET) protocol to provide "secure sessions" for our visitors. Through the "secure session," information that you input into a Flick Media Ltd order form will be sent and will arrive privately and unaltered at a Flick Media server. This security prohibits other companies and Web users from being able to access your information.
• Flick Media Ltd will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.
• The following are some examples of when Flick Media may require that you provide personally-identifiable information:
• to complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
• to enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
• to request more information about new or current Flick Media products or services
  
  If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.
  
  When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise:
• We may store and process that information to better understand all customer needs and how we can improve our products and services for all customers
• we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest
• we may contact you if we have questions about your account

Flick Media will not sell personally-identifiable information to third parties, unless stated at the time of collection. We may share information with business partners. We are committed to giving you the choice whether or not we use your information for marketing purposes or share information with business partners.
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CONTROL PANEL HOSTING AGREEMENT
Hosting Agreement © 2011 – Flick Media – Proprietary & Confidential

TERMS & CONDITIONS:

As a Web Hosting Provider ("WHP"), we offer our customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. We also want our customers to be fully informed of their rights and obligations and ours-in connection with their use of the Internet.

When customers disseminate information through the Internet, they also must keep in mind that we do not review, edit, censor or take responsibility for any information our customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over our facilities and may reach a large number of peopleLtdluding both customers and non-customers of ours, customers' postings to the Internet may affect other customers and may harm our goodwill business reputation and operations. For these reasons, customers violate our Terms of Service when they, their affiliates or subsidiaries engage in the following activities:

Copyright Violation – Engaging in activity that infringes or misappropriate the Intellectual Property rights of third partiesLtdluding copyrights, trademarks, service marks, trade secrets, software piracy and patents and other similar rights held by third parties shall result in termination of all "subscribers" privileges on the "flickmedialtd.com" system.

flickmedialtd.com reserves the right to change the Service (including features) and will provide the client with 60 days written notice of such changes. In addition, flickmedialtd.com reserves the right to change any and all Hosting Package rates and other prices or other terms and conditions of this Agreement with respect to the Service at any time and all such changes shall be effective immediately when published by flickmedialtd.com; however, flickmedialtd.com will use its best efforts to provide notice to Client in advance or, concurrent with the effective date of such changes. Notice may be given in writing or by publication on the flickmedialtd.com portal on the Internet.

flickmedialtd.com shall endeavor to ensure the availability of the website, within the constraints of the network provider USA, who has undertaken to provide flickmedialtd.com with 98% network availability. flickmedialtd.com shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Service resulting directly or indirectly from any cause or circumstance beyond their reasonable control. The Client indemnifies and holds Flickmedialtd.com, its officers, employees and its suppliers harmless from and against any loss, claims, demands, expenses (including attorney's fees), or liability of whatever nature or kind (including without limitation, negligence), of the Client or of third parties arising out of the use of the Service provided hereunder. For purposes of this provision, flickmedialtd.com shall include parent, subsidiary and affiliate companies.

The client has full DNS control via the control panel.

As such, any changes done by client on the DNS part that renders the website unreachable or renders the emails unusable in terms of sending and receiving is the sole responsibility of the client.

flickmedialtd.com holds no responsibility for any errors resulting from changes done by client part in his DNS section of the control panel.

Software/Script Support – Customer acknowledges that flickmedialtd.com cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that flickmedialtd.com does not supply technical support for Microsoft FrontPage, other than initial configuration. flickmedialtd.com  supplies technical support for web hosting issues only. flickmedialtd.com shall be the sole arbiter as to what constitutes a "web hosting" issue.

Spamming -- Unsolicited, commercial mass e-mails (known as "spamming") is a strongly disfavored practice among Internet uses and web hosting providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. This includes listing a hosted domain in any unsolicited e-mail.

Adult Sites/Unacceptable Content – Pornography and pornographic related merchandising are prohibited under all flickmedialtd.com services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, and archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sports book betting (including offshore), and Internet lotteries are prohibited.

Responsibility for avoiding the harmful activities just described rests with our customers. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions, or take any other action we deem appropriate Ltd lauding termination of a customer's account with us.

If you do not renew your domain and or hosting services on time then FM will not be liable for any service and or loss of your website data. Unless you have any prior maintenance agreement with FM, we will not keep any back up copy of your website after the handover period. Up to 30 days, the hosting services provider may keep a backup of your website and will release them once the due amount and any penalty fees are paid for. After 30 days all data will be terminated and lost and cannot be recovered.

The Customer is responsible for abiding by the rules set forth in the paragraphs above. Any violation of the terms set may, at flickmedialtd.com sole option, result in immediate suspension and/or termination of all services currently being provided.

Email support is provided by Flickmedialtd.COM (support@flickmedialtd.com).

Any set up changes done by the customer where it causes the account (email, website, DNS, ftp, etc…) not to function properly will be billed case per case.

PLEASE NOTE: Traffic usage in excess of the allowance included in the selected package is billable monthly in arrears, and will be deducted from your account.