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LEGAL INFO
Terms of Service

Terms of Service
Revision date: 12/06/2014

"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.

Minecraft services
Upon agreeing to these terms of service, you also aknowledge that you have read the Minecraft EULA and will follow the rules/guides provided by this document: https://account.mojang.com/documents/minecraft_eula

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 service(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 service 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.

Account 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
We do not offer refunds trough Paypal claims or disputes. If you wish to receive a refund and you believe you are within your right, you need to contact support. All clients are eligible 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. We will investigate any issue provided before offering a refund, if these issues can be fixed and get fixed we have the right to deny the refund request. 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 can only 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 eligible to receive any refunds. No refunds will be given for non-initial recurring payments made trough a Paypal subscription as this is the client's responsibility.

Automated payments
If you have entered your credit card information, then you will be automatically billed until you either remove these credit card details or cancel your server. We do not refund such automated payments.

Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $10.00 prior to reactivation. Servers will be terminated 10 days after the due date.

Cancellations
All monthly services must be cancelled with at least 72 hours before the next invoice due date. All quarterly, semi-annually and annual services must be cancelled at leas 6 days before 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: 18/06/2015

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