By creating an account with FL3P Pty Ltd, you and your associated business entities hereby agree to the following terms of serivce.
1. Definitions
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“Account” means the account held with FL3P PTY LTD by the Customer that is used for billing, contact information and details of the Service(s) assigned to the Customer.
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“Customer” means the person or entity who ordered Service(s) from FL3P.
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“Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has ordered from FL3P. This can include, but is not limited to, web site hosting, domain name registration or transfer or renewal, SSL certificates, VPS and SMS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails FL3P sends to the Customer after an order has been placed. The specific details of the Services can be found by logging in to your client account on our website.
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“FL3P” means the retail operations of FL3P PTY LTD
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“Client Area” refers to FL3P’s customer account, billing and management portal, available online at https://secure.fl3p.network/login
2. Acceptance
- The Customer signified acceptance of these Terms of Service, as well as our Privacy Policy, Acceptable Use Policy, Customer Service Policy, Service Level Agreement (where applicable) and any applicable Registrant Agreement, when they submitted their order to FL3P for an Account and/or Services and that order was accepted.
3. Unacceptable Content and Material
- The Customer may not publish, transmit, distribute or store any content or material on FL3P’s servers or network that FL3P believes: a. Constitutes child pornography; b. Is excessively violent or incites, threatens or implies violence; c. Contains harassing content or hate speech; d. Is unfair or deceptive under any relevant Fair Trading or Consumer Affairs act in your state; e. Is defamatory or violates a person’s privacy; f. Creates a risk to a person’s safety, health or security; g. Compromises national security or interferes with an investigation by any law enforcement agency; h. Improperly exposes trade secrets or any other confidential or proprietary information of another person or business; i. Is intended to assist others in defeating technical copyright protection, which includes illegal file sharing and torrents; j. Clearly infringes on another person or businesses trade mark, patent or property; k. Promotes illegal drugs or violates import or export laws; l. Relates to illegal gambling or fire arms trafficking; m. Is otherwise illegal or solicits conduct that is illegal under laws applicable to the Customer or to FL3P. n. Is otherwise malicious, fraudulent, or may result in retaliation against FL3P by offended viewers.
4. Prohibited Use
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For shared web hosting Services, the Customer may not store backup data or any data that is not directly related to and accessible through the website itself.
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For shared web hosting Services, the Customer may not store email data greater then 3GB total per Service. The most common cause of excess email data storage greater than 3GB is where Customers are unaware that the “catch-all” email service is enabled and never checking the primary email account.
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Services may not be used for any of the following activities: a. IRC scripts or bots; b. Proxy scripts or anonymous browsing utilities; c. Image or file hosting scripts (similar to Photobucket, Rapidshare, etc); d. IP scanners; e. Pirated software or “warez” sites; f. Banner advertisement services; g. Lotteries, banking or investment sites (such as Pyramid or Ponzi schemes); h. Hacker focussed sites, archives or programs; i. Sale of any controlled substance without having the appropriate permits; j. Sites promoting illegal activities; k. Any game servers (such as Counter Strike, Half Life, etc); l. Any other purpose that FL3P Management have deemed as unacceptable.
5. Security
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The Customer acknowledges that they are solely responsible for what is hosted from and stored in the Service.
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The Customer agrees to keep all PHP and CGI scripts up to date with the latest release or stable versions as directed by the publisher or developer. Failure to do this may result in security vulnerabilities leading to your Service being compromised, defaced or destroyed.
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The Customer warrants that their Service usernames and passwords will be kept in a safe and secure location at all times, and that they will not use dictionary words or consecutive strings as a password.
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The Customer agrees to keep all file and folder permissions set correctly.
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Customers with VPS Services are required to: a. Ensure the VPS is secured as soon the Service has been provisioned by FL3P; b. Install firewall software (we recommend CSF); c. Perform security audits and updates of system software on a regular basis; d. Change the root password on a regular basis.
6. Excessive Resource Usage
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CPU limits apply to all shared web hosting Services, and are limited to: a. 30% utilisation per cPanel user on Shared Hosting Services. All CPU limits are strictly enforced by CloudLinux, software that monitors resources on shared web hosting servers, and any website which exceeds these limits will automatically display a “503 Service Temporarily Unavailable” message to all visitors until the resource usage falls below the assigned limits.
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For all shared web hosting Services, the Customer may not: a. Perform any task that generates high IO load or consumes large amounts of system memory; b. Run any server-side or stand-alone processes or daemons; c. Run any bit torrent applications, trackers or clients; d. Run any web spiders of indexers; e. Run cron entries with intervals less than 15 minutes; f. Use PHP includes that call the full URL instead of a local file (eg. include(http://domainname.com/file.php) instead of using include(“file.php”));
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For all shared web hosting Services, the Customer must request permission from FL3P and supply a valid reason before using any of the following commands in scripts or SSH: a. wget; b. rsync; c. tracert, traceroute or traceroute6; d. ping or ping6; e. mtr; f. lynx; g. ftp;
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For all VPS Services, the Customer: a. May not use more than 75% total utilisation of all available vCPU cores for more than 300 seconds; b. May not have a sustained read or write speed of more than 1,000Kb/s over a 300 second period; c. May not have a sustained network throughput (in or out) of more than 10Mbit/s over 300 seconds; d. Should ensure that they have sufficient physical memory to run all applications and does not continuously use swap space, which causes high IO consumption.
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FL3P reserves the right to suspend any service utilising excessive network resources, and reserves the right to charge excessive usage fees for excessive usage.
7. Backups
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Any shared web hosting Service that exceeds 5GB in size per cPanel user will be automatically excluded from all backup routines and rotations. In this case, FL3P will notify the Customer via email and give them the option to: a. Remove any data that is not needed and bring the total back to being under the 5GB limit, allowing the Service to be re-introduced to the backup routine and rotation; b. Purchase the Extended cPanel Backup add-on for $2.95 per month, which raises the limit to 20GB per cPanel user; c. Continue without FL3P taking backups and rely solely on their own backups.
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The Customer acknowledges if a VPS Service has the backup space add-on, it is their sole responsibility to ensure that the backup space has been correctly mounted, formatted and that backups are actively being taken, even if FL3P staff completed the initial setup and configuration of the VPS.
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As per the Terms of Service, FL3P will not be held liable for data loss under any circumstances and it is the Customers sole responsibility to ensure that they have a backup of all data.
8. SPAM & Bullk Email
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The Customer warrants that they will not knowingly use the Service for sending any unsolicited email or any unsolicited bulk email (commonly known as spam)
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The Customer may not use any purchased email list for individual or bulk email sending.
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FL3P assigns a limit of 500 outbound emails per domain per hour on hosting servers (unless specified). Any Customer who attempts to send more than the allowed amount will receive an undeliverable message for up to one (1) hour after the limit has been reached. All email over the limit will be discarded.
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The Customer agrees that all mailing list applications including but not limited to Mailman will have no more than 4,000 individual email addresses per list per domain.
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The Customer warrants that all mailing lists used are “opt-in” by the recipient, and all recipients in the list have consented to being on the list.
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The Customer warrants that all commercial emails sent contain an appropriate mechanism for the recipient to “opt-out” of the list.
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The Customer warrants that all email sent, either individually or bulk, complies with the Australian Spam Act 2003 (http://www.acma.gov.au/WEB/STANDARD/pc=PC_310322) and the United States CAN-SPAM Act 2003 (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm).
9. Non-compliance & Remedy
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Any Service(s) that are found to be in breach of this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. The Customer is required to acknowledge this email and advise FL3P what actions have been taken to remedy the breach. Failure to comply may result in the Service(s) being suspended without additional warning.
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Any Service(s) that are found to be in breach of this policy that have caused issues for other Customers, will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.
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Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach, will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $49.95 re-activation fee has been paid in full.
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Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach, will result in immediate suspension followed by an email advising that the Service(s) must be moved to another provider within seven (7) days. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to move the Service(s) to another provider within seven (7) days, and a $29.95 reactivation fee has been paid in full. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.
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The Customer will be solely liable for any fees or charges that are paid by FL3P to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.
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As per section 11.4 of the Terms of Service, the Customer will not be entitled to a refund if any of FL3P’s Terms, Policies and Agreements have been breached.
10. Changes
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FL3P may amend the Acceptable Use Policy at any time. Should any change occur, we will advise the Customer by email and note the specific changes which have occurred, and provide fourteen (14) days notice before any changes are enforced.
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In exceptional circumstances, FL3P Management may be required to amend the Acceptable Use Policy and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.