flookdigitalmedia.com, flook.ca, flookdigitaldesign.com, flookdigital.com, flookdigitalsigns.com, flookdigitaldesign.ca, flookdigital.ca, flookdigitalmedia.ca and flookdigitalsigns.ca are operated by Flook Digital Media. This service contract (hereinafter the "CONTRACT") is between Flook Digital Media and the applicant, You: (hereinafter CLIENT) who wishes Internet Digital Sign data hosting services with Flook Digital Media.
2. Relationship Between Flook Digital Media and CLIENT
a) Flook Digital Media will use its best efforts to maintain a full time 24/7 Internet presence for CLIENT.
b) CLIENT's rights and privileges can not be sold or transferred without the written consent and approval from Flook Digital Media sixty (60) days in advance.
c) This contract represents the complete understanding between CLIENT and Flook Digital Media. If CLIENT sells advertising to a third party the CLIENT will be held responsible for the content of that advertising and the actions of that third party. d) CLIENT agrees not to harm Flook Digital Media, it's reputation, computer systems, programming and/or other CLIENTS using Flook Digital Media' services.
3. Interruptions in Service
Flook Digital Media is not liable for any errors or interruption in service, whether within or outside of Flook Digital Media' reasonable control. CLIENT understands interruptions may or may not occur and CLIENT will hold Flook Digital Media free and harmless from any damages incurred in any event of any time of loss. Service may be temporarily unavailable for scheduled maintenance, either by Flook Digital Media or by third-party providers, or because of power interruptions or other causes.
4. Password Protection
CLIENT is responsible for protecting CLIENT'S password and for any authorized or unauthorized use made of CLIENT's password. CLIENT will not use or permit anyone to use Flook Digital Media' service to guess passwords or to access other systems or networks without authorization. Flook Digital Media will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
5. Internet Etiquette
CLIENT will comply with the rules appropriate to any network to which Flook Digital Media may provide access. CLIENT should not post, transmit, or permit Internet access to information CLIENT desires to keep confidential. CLIENT is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Flook Digital Media by offended users. Flook Digital Media reserves the right to refuse or terminate service at any time. CLIENT will indemnify Flook Digital Media and hold Flook Digital Media harmless from any damage to Flook Digital Media' business, service, equipment, network(s) operations, or reputation resulting from CLIENT's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
Flook Digital Media has the right to refuse service if CLIENT content of information provided is deemed illegal, unethical, misleading, contains child pornography, bestiality, promotion of illicit drugs, hate groups or literature by CLIENT and/or CLIENT's third-party.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email firstname.lastname@example.org
The use of a hosting account as a backup/storage device is not permitted with the exception of one backup of the same account. Please do not take backups of your backups.
Do not backup the content of your local computer to our servers. All content stored on the server must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Large collection of MP3 files and/or DVD/CD ISO Image Files
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
CLIENTS who provide the above mentioned content are in breach of the contract. Flook Digital Media may terminate service without notice and without any refunds of CLIENT's unused pre-paid portion of funds
7. Resource Usage
The following restrictions on shared hosting plans:
• Taking up more than 20% system resources for more than 90 seconds.
• Running unattended standalone server side daemons
• Running any scripts (web spider) which indexes websites
• Running any BitTorrent application, tracker, or client.
• Running any file-sharing/peer-to-peer activities
• Running any game servers
• Running any cronjobs less than 15 minute intervals
8. Backups and Data Loss
Flook digital Media provides daily incremental backups of all data stored on the Flook Digital Media server. Flook Digital Media shall not be liable for any data loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
9. Uptime Guarantee
If your hosting is less than uptime of 99.9% for any given month, then your account is credited for 1 month. Justification must be given to Flook Digital Media in writing via email to email@example.com and approval of credit is at the discretion of Flook Digital Media. All requests must be made in writing via email. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
10. Unsolicited Commercial Email
The Flook Digital Media network(s) may not be used to transact Unsolicited Commercial E-mail (UCE). This is commonly referred to as SPAM. CLIENTS of Flook Digital Media may not use, or permit others to use, the Flook Digital Media network(s) to send UCE. Flook Digital Media will not host, or permit hosting of sites or information that is advertised by UCE from other networks. Flook Digital Media will not permit CLIENTS to SPAM newsgroups, or SPAM from other networks or that may or may not point to a site on Flook Digital Media' network. CLIENTS that transact UCE are in breach of this contract. Every reasonable attempt will be made to contact the CLIENT and allow them to resolve the problem or complaint before taking action. Flook Digital Media reserves the right to place a temporary block in the event the CLIENT is unreachable, or is unable to stop the UCE. CLIENT will constitute this contract as "fair warning" as to Flook Digital Media' strict "NO SPAM" policy. Flook Digital Media reserves the right to terminate services without any refunds of the unused portion prepaid by CLIENT when CLIENT is in violation of "NO SPAM" policy. Notice given by electronic mail shall be deemed received on (1) business day after it is posted to the recipient's email address. Flook Digital Media reserves the right to fine the individual $1,000.00 per SPAM incident.
11. Warranty and Assumption of Risk
CLIENT uses Flook Digital Media services at CLIENT's own risk. Flook Digital Media makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Flook Digital Media shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Flook Digital Media has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT's web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
12. Term of Contract, Termination, and Renewal
a) All contracts are on a recurring basis. CLIENT shall pay Flook Digital Media recurring fees (hereinafter "Recurring Fees"), plus bandwidth charges as outlined on invoice (see invoice). Pre-payment of recurring fees is due by the time stated on Flook Digital Media's invoice. Amounts past due may result in the termination of CLIENT's account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees , and governmental charges. Flook Digital Media may change prices without notice and it is the CLIENT's responsibility to check the website for updates. Grandfathered accounts will not be affected.
b) All cancellations by CLIENT of service or changes in service must be done in writing to Flook Digital Media. It can be done by email (firstname.lastname@example.org), or via regular post to Flook Digital Media, PO BOX 146, Radium Hot Springs, BC V0A1M0 Canada. 30 day money back guarantee is offered on all hosting plans. If cancellation is requested within 60 days of initial setup date, then the full hosting fees will be refunded. After 60 days of cancellation, it will refunded on a prorated basis of any unused time. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account: bank wire transfers, Interac Email Transfers, Western Union Money Transfer, cheques, and money orders. There are no refunds on install fees for custom software, domain name purchases, or SSL purchases. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the legal agreement will waive the refund policy. c) If CLIENT breaches any part of this contract and Flook Digital Media has to engage the services of an attorney, the CLIENT will pay any and all of Flook Digital Media' reasonable attorney fees and court costs.
13. Limitation of Liability
In no event shall Flook Digital Media or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Flook Digital Media has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Flook Digital Media from and against any all claims, costs, expenses or liability arising out of CLIENT's (inclusive CLIENT's officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT's web site content and/or information.
Flook Digital Media reserves the right to revise its policies at any time without notice.