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:
hacker programs or archives
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.
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. Mining of any form of any type of cryptocoin is prohibited on all our services.
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.
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.
Any free service included with another paid service, shal be seen as cancelled or terminated once the initial paid service, for which the free one was aqcuired, ends due to termination or cancellation.
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.
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.
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.
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.
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.
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 15 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 of these Acceptable Use Policies should be referred to email@example.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
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.
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.
Effective date: May 01, 2018
Fluctis VOF ("us", "we", or "our") operates the https://fluctishosting.com website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on a User’s device.
Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject is any living individual who is the subject of Personal Data.
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Fluctis VOF uses the collected data for various purposes:
Fluctis VOF will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside Belgium and choose to provide information to us, please note that we transfer the data, including Personal Data, to Belgium and process it there.
Fluctis VOF may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Fluctis VOF aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
You have the right to data portability for the information you provide to Fluctis VOF. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal or Braintree
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 13 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.