CreatingFlash.com, ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CreatingFlash.com Service constitutes acceptance and agreement to CreatingFlash.com's AUP as well as CreatingFlash.com's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of CreatingFlash.com. and AUP (acceptable use policy). The AUP may be changed from time to time. Subscriber understands that change to the AUP 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 province of Quebec, Canada applicable to contracts enforceable in that province. Venue will be , Quebec, Canada.
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 CreatingFlash.com shall have the right to terminate all service set forth in this Agreement.
2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. 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.
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. Subscriber agrees that The Company automatically charges subscriber`s credit card every month.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 4 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25 late fee. Accounts that are not collectable by CreatingFlash.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $500. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes:
Payments to CreatingFlash.com are nonrefundable. The only exception is for new hosting service , there is a 30 day's money back guaranty for this service only, (not for web sites template, domain names registration, programmer/designers time etc.) All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in CreatingFlash.com's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay CreatingFlash.com an "Administrative Fee" of not less than $50 and not more than $500.
6. 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.
7. Account Cancellation:
All requests for canceling accounts must be made via email at support@CreatingFlash.com with at least 7 days notice. You must have all account information to cancel. By cancelling your payment subscription without notice this will lead the account being suspended and a reconnect fee of $25 will be charged to have the service reconnected.
8. 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.
9.Server abuse policy -
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains/accounts on the same server.
The Company does not send out invoices automatically. If a subscriber needs an invoice , they can request one at billing@CreatingFlash.com
11. SPAM and Unsolicited Commercial Email (UCE):
CreatingFlash.com 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 CreatingFlash.com may not use or permit others to use our network to transact in UCE. Customers of CreatingFlash.com 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.
a. Violation of CreatingFlash.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CreatingFlash.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, CreatingFlash.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CreatingFlash.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CreatingFlash.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CreatingFlash.com will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 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 per hour that CreatingFlash.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the CreatingFlash.com network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
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.
a. IP Address Ownership: If CreatingFlash.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CreatingFlash.com, and Customer shall have no right to use that Internet Protocol address except as permitted by CreatingFlash.com in its sole discretion in connection with the Services, during the term of this Agreement. CreatingFlash.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CreatingFlash.com, and CreatingFlash.com 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 province 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. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client
b. Bandwidth Usage. CreatingFlash.com will monitor Customer's bandwidth. CreatingFlash.com shall have the right to take corrective action if Customer's usage negatively impacts other clients.
c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the CreatingFlash.com Network. Violations of system or network security may result in civil or criminal liability. CreatingFlash.com 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:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
13. Notification of Violation:
a. CreatingFlash.com 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.
b. First violation: Any User, which CreatingFlash.com determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at CreatingFlash.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c. Second Violation: Users that CreatingFlash.com 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.
d. 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 as soon as is feasible.
14. Suspension of Service or Cancellation:
CreatingFlash.com reserves the right to suspend network access to any customer if in the judgment of the CreatingFlash.com 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 CreatingFlash.com 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.
CreatingFlash.com wishes to emphasize that in agreeing to the CreatingFlash.com Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies CreatingFlash.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to CreatingFlash.com or the bringing of any claim against CreatingFlash.com by any third-party. This means that if CreatingFlash.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CreatingFlash.com, plus all costs and attorney's fees.
17. 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. 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.
b. 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.
c. CreatingFlash.com takes no responsibility for any material input by others and not posted to the CreatingFlash.com Network by CreatingFlash.com. CreatingFlash.com is not responsible for the content of any other websites linked to the CreatingFlash.com Network; links are provided as Internet navigation tools only. CreatingFlash.com 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.
d. CreatingFlash.com is not responsible for any damages your business may suffer. CreatingFlash.com does not make implied or written warranties for any of our services. CreatingFlash.com 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 CreatingFlash.com.
e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
18. Responsibility for Content:
You, as CreatingFlash.com's customer, are solely responsible for the content stored on and served by your CreatingFlash.com server.
19.Changes in the T.O.S:
We have the right to change and update this T.O.S page, from time to time.