Terms of Service
Revision date: 20/04/2011
"We", "us", "our" and grammatical variants refers to Fluctis V.O.F. .
"You", "customer", "client" and grammatical variants refers to the person or persons or party responsible for payment and/or managing the services purchased or received.
By purchasing, receiving or utilizing services provided by Fluctis V.O.F. , you accept and agree to be bound by these terms and conditions. Failure to accept these terms and conditions will result in immediate termination of service without refund. Failure to follow these terms and conditions could result in termination of service without refund.
All services provided by Fluctis V.O.F. ("Fluctis V.O.F.") may
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 city law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Fluctis V.O.F. from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Fluctis V.O.F.' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Fluctis V.O.F.
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
FTP and Data Storage Usage
We reserve the right to limit or revoke FTP access at any time, with or without reason. FTP access is only to be used to send and receive data directly relating to your game server(s). We reserve the right to remove data that does not meet this criteria. We will notify you if such events occur. If the same data or similar data is re-uploaded, we reserve the right to suspend or terminate your service.
Server Resource Usage
It is solely at the discretion of Fluctis V.O.F. to determine what amount of resource usage is not acceptable. Resource usage includes, but is not limited to; processor (CPU) usage, memory (RAM) usage, network (Bandwidth) usage, hard disk space usage. If your game server is found to be using a non acceptable level of resources, we will work with you to resolve the issue(s). Fluctis V.O.F. reserves the right to suspend or terminate your service if the problem can not be resolved.
Downtime
Fluctis V.O.F. reserves the right to have our physical servers down for scheduled maintenance 6 hours a month. Fluctis V.O.F. reserves the right to have our physical servers down for unscheduled maintenance 48 hours a month. In the event of significant data loss or hardware failure, Fluctis V.O.F. reserves the right to have our physical servers down for up to 96 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. Fluctis V.O.F. is not responsible for your individual game server(s) downtime, but will work with you through the game server control panel on our web site to resolve the problem. We reserve the right to discontinue support for that particular problem if we are unable to resolve it.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Fluctis V.O.F.
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and dedicated servers of Fluctis V.O.F. must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Account Activation Date of each month, Fluctis V.O.F. shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Fluctis V.O.F. by no later than the specified payment due date. Fluctis V.O.F. shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Service Fees
Certain services carry a setup fee charged by Fluctis V.O.F. to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to Fluctis V.O.F. and agrees to pay
any and all fees incurred by client. Because the services are provided
on a monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.
Affiliate policy
Fluctis V.O.F. offers an affiliate program that only applies to active clients of our services. There is a total withdraw limit of $50 using this system and can only be paid out in store credit.
credits available on your account can be traded for Fluctis products. These include anything which is open for sale. These credits cannot be tradded externally. If found trading credit externally the credit will be removed from the account without warning. Refund policy
All Minecraft clients are legible for a refund if they decide to cancel within 5 days of the first payment on their first service. Fluctis reserves the right to refuse refunds for cancellations due to "personal reasons" or if the person has a server problem not caused by Fluctis. Requesting a refund for a non-functional feature, before contacting support about the problem, will also not be accepted. After that period we do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. Be aware that, within the 5 day refund policy, we cannot refund the first month of services ordered for multiple months. We also do not partially refund servers. Credit shall be given in case we find this within your reasonable right, however this credit cannot be traded externally. In case of AUP violations, any and all refunds are forfeit. VPS clients are not legible to receive any refunds.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation
fee of $10.00 prior to reactivation. Servers will be terminated 7 days after the suspention date if not notified of other.
Cancellations
All services must be cancelled with at least 72 hours before the next invoice due date. You must have all account information to cancel and accounts must be paid in full before the cancellation will be considered complete.
Limitation of Liability
Fluctis V.O.F. shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Fluctis V.O.F.
' servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Fluctis V.O.F. 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 Fluctis V.O.F. ' servers. All
damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to admin@fluctis.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Disclaimer
Fluctis V.O.F. cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain
services provided by Fluctis V.O.F. are resold. Thus, certain equipment,
routing, software and programming used by Fluctis V.O.F. are not directly
owned or written by Fluctis V.O.F.. Moreover, Fluctis V.O.F. holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as Fluctis V.O.F.
sees fit.
Account Activation
By activating your account with Fluctis V.O.F., you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Although Fluctis V.O.F. has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.
Fluctis V.O.F. reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
notification.
Privacy
Revision date: 20/04/2011
Fluctis V.O.F. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact: admin@fluctis.com
Acceptable Use Policy
Revision date: 20/04/2011
As a provider of web site hosting and other Internet-related services,
Fluctis V.O.F. offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. Fluctis V.O.F.
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, Fluctis V.O.F. reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
Fluctis V.O.F. has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the customer's rights
and obligations when using Fluctis V.O.F.' services. This AUP will be revised
from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Fluctis V.O.F. cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Fluctis V.O.F. cannot monitor or censor the Internet, and will not attempt to do so, Fluctis V.O.F. cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Fluctis V.O.F. does not review, edit, censor or take responsibility for any information its subscribers may create. 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 created is carried over Fluctis V.O.F.' network and may reach a large number of people, including both subscribers and non-subscribers of Fluctis V.O.F., subscribers' postings to the Internet may affect other subscribers and may affect Fluctis V.O.F.' goodwill, business, reputation or operations. For these reasons, subscribers violate Fluctis V.O.F. policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet.
It is not only harmful because of its negative impact on consumer attitudes
toward Fluctis V.O.F., but also because it can overload Fluctis V.O.F.'
network and disrupt service to Fluctis V.O.F.' subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
Fluctis V.O.F. will investigate and shutdown the account that is
SPAMing. A $250 charge for violating this policy will be charged to the
person initiating the SPAM. Furthermore Fluctis V.O.F. reserves
the right to prosecute for this violation. A $1.00 charge will be assessed
PER EMAIL sent should Fluctis V.O.F. choose to pursue and prosecute.
Adult-Oriented Content:
Fluctis V.O.F. does not allow adult content and will suspend/terminate
any offending account.
Obscene Speech or Materials:
Using Fluctis V.O.F.' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. Fluctis V.O.F. is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using Fluctis V.O.F.' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Usenet Groups:
Fluctis V.O.F. reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Fluctis V.O.F.
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Fluctis V.O.F. will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Fluctis V.O.F.' policy or applicable law. However, when Fluctis V.O.F. becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Fluctis V.O.F..
Fluctis V.O.F. is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Fluctis V.O.F.' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Fluctis V.O.F. does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Fluctis V.O.F. reserves the right to directly take action against a customer of its subscribers. Also, Fluctis V.O.F. may take action against the Fluctis V.O.F.' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Fluctis V.O.F. anticipates that subscribers who offer Internet services will cooperate with Fluctis V.O.F. in any corrective or preventive action that Fluctis V.O.F. deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Fluctis V.O.F. policy.
Fluctis V.O.F. will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Fluctis V.O.F. may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Fluctis V.O.F. may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Fluctis V.O.F. assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Fluctis V.O.F. may disclose subscriber information or information transmitted over its network where necessary to protect Fluctis V.O.F. and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Fluctis V.O.F. will never sell information to other services or outside companies.
Fluctis V.O.F. expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Fluctis V.O.F. policy. Finally, Fluctis V.O.F. wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Fluctis V.O.F. for any violation of the Service Agreement, law or Fluctis V.O.F. policy resulting in loss to Fluctis V.O.F. or the bringing of any claim against Fluctis V.O.F. by any third party. This means that, if Fluctis V.O.F. is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Fluctis V.O.F., plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including Fluctis V.O.F. and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to admin@fluctis.com.
Fluctish VOF
Weststraat 107
8370 Blankenberge
Belgium
