Web hosting. Flawebworks will provide connection to all organizations
individuals who agree to abide by Flawebworks access terms,
conditions, and fee schedules.
is responsible for providing any equipment and/or software necessary to
access Flawebworks system and Internet facilities, unless otherwise provided
for in this Agreement.
is entitled to use any Internet services and time-share computer software
provided by Flawebworks. User is responsible for any licensing fees for any
"shareware" products provided by Flawebworks to User.
will provide the Web Hosting services provided in the service package
chosen by User, and set forth in Exhibit A, including a server or web space on a shared
server, connection of the server to Flawebworks's high-speed Internet connection,
backup of the server's hard disk and other maintenance on the server, domain name,
e-mail, and file transfer services as provided in the chosen service package,
automated server monitoring and limited log file generation and access. All equipment
provided by Flawebworks shall remain Flawebworks's property.
services and software offered are subject to change and limitation at Flawebworks
discretion, as is any pricing schedule. Flawebworks will notify User of any changes by
electronic or postal mail to the agent named in this Agreement or other User officer,
unless the change is judged by Flawebworks to be necessary to preserve proper
security or functioning of Flawebworks's system. If User objects to any change in
service, unless the change is one Flawebworks has determined is necessary for security
purposes or to maintain proper operation of Flawebworks's system, User will be entitled
to cancel its account.
continued use of the Flawebworks Web Hosting services after the effective date
such modified general terms and conditions, policies, or changes in services or software
will constitute User's acceptance of such modified terms.
Agreement covers only Internet services and any time-share software related
the provision of Internet services, Web Hosting services, and any ancillary services
such as domain name service and electronic mail.
FEES. User will pay (a) subscription fees in advance, (b) fees for other
services as invoiced, and (c) any security deposit, in each case per the applicable price
schedule set forth in Exhibit A to this Agreement.
TERMINATION AND REINSTATEMENT. This Agreement may be terminated by either
party on not less than 30-days prior written notice.
User (a) becomes bankrupt or otherwise insolvent or (b) fails to pay for services
rendered in accordance with the terms hereof or (c) commits any other breach of
this Agreement, Flawebworks may, at its sole discretion and without notice or
judicial intervention, discontinue performance and terminate this Agreement for
default and pursue any other remedies available at law or in equity.
User's account is suspended due to lack of payment, User will pay the then current
reinstatement fee, in addition to all other charges then due and payable, prior
to restoration of service.
SUPPORT. Flawebworks will provide to User reasonable amounts
of consultation via email in the use of the system, but
cannot promise to assist with any services that are not maintained or controlled
DISCLAIMER AND LIMITATION OF LIABILITY. With the exception of any express
herein, neither Flawebworks, nor its affiliates, nor its suppliers make any warranty, and
each of them disclaims any liability, with respect to:
the accuracy, completeness, currentness, error-free nature, or fitness for any
particular purpose of any data or services accessed on or through the Flawebworks.com
system performance levels, including but not limited to resource utilization,
response time or overhead, unless such a performance guarantee is part of the chosen
Web Hosting services package, or
any loss or inconvenience associated with Flawebworks suspension, termination,
or deletion of User's account, or
ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ORAL ADVICE OR WRITTEN ADVICE GIVEN BY FLAWEBWORKS OR ITS STAFF OR
AGENTS SHALL CREATE A WARRANTY.
will not be liable for delay in delivery or performance of web hosting or design
services, and is excused from any failure to deliver or perform, due to causes
beyond its reasonable control.
will not be liable for any damage or inconvenience caused by any necessary
or scheduled maintenance to Flawebworks system, or for any service lapses or loss of
customer data caused by forces beyond Flawebworks reasonable control. Flawebworks
recommends that User make archival copies or otherwise download any important information
stored on Flawebworks system, in addition to any backups Flawebworks may perform.
SOLE AND ENTIRE MAXIMUM LIABILITY OF FLAWEBWORKS TO ANY USER FOR ANY AND
ALL PROVEN LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND (INCLUDING BUT NOT
LIMITED TO CONTRACT OR TORT) WITH RESPECT TO ALL SERVICES PROVIDED BY
FLAWEBWORKS AND ANY ACT OR OMISSION OF FLAWEBWORKS WILL CONSIST OF A
DUTY TO REFUND NOT MORE THAN THE AMOUNTS PAID BY THE USER TO
FLAWEBWORKS DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR
LIABILITY. IN NO EVENT WILL FLAWEBWORKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EVEN IF FLAWEBWORKS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
by signing this Agreement or connecting to the Flawebworks system,
(a) accepts the use of the system/interconnection (including any programs,
data, or services) "AS IS"; and
(b) waives any and all claims relating thereto, whether such claims are against
Flawebworks or any of its suppliers or affiliates.
any legal action or threat of legal action result as a result of User's use,
or of any of Flawebworks system, interconnection facilities, or services,
User agrees to indemnify Flawebworks, its staff, or Flawebworks other Users,
for any costs incurred in defending against any such threat or action, including
reasonable attorneys' fees and any equipment replacement costs, even if User
is no longer a customer of Flawebworks when such expenses arise. This clause
also applies to third party claims as well as any legal action taken by Flawebworks
against User for breach of this Agreement, damage caused by User to Flawebworks
system, or for failure to pay expenses User is obligated to pay Flawebworks.
USE RESTRICTIONS AND INDEMNIFICATION. User agrees to adhere to
Flawebworks"Acceptable Use Policy", a copy of which is set forth in Exhibit B
to this Agreement, and which policy may be changed from time to time -
User agrees to adhere to all such changes it has notice of.
will indemnify and hold Flawebworks harmless from any costs, expenses
(including reasonable attorneys fees) or liability resulting from any claim based
on User's use of the system. Such indemnification will not be applicable with
respect to claims of gross negligence, willful misconduct or infringement by
Flawebworks. Such indemnity will survive the termination or expiration of this Agreement.
GENERAL. No waiver of any breach of any provision of this Agreement will
constitute a waiver of any prior, concurrent or subsequent breach of this
Agreement or any provision thereof. If any provision of the Agreement is or
becomes illegal or otherwise unenforceable, such provision will not invalidate
the other provisions hereof; provided if Flawebworks determines that any such
unenforceable provision is essential, it may terminate this Agreement upon notice.
grants any permissions or licenses (including but not limited to copyright
licenses), as may be required, and within User's power to grant, to Flawebworks
in order to provide Internet and related services to User, or as may be required
for Flawebworks to operate for User's benefit.
Agreement is governed by the laws of the State of Florida. You agree that
the courts (state and federal) located in will have non-exclusive jurisdiction to
determine the validity, construction and performance of this Agreement and the
legal relations between the parties.
Agreement constitutes the entire Agreement between Flawebworks
and User, and supersedes all prior agreements, proposals, representations,
or other communications, relative to the subject matter hereof. Paragraph
headings are included for convenience and are not to be used to interpret
Agreement may not be assigned by User with the written consent
CHANGES IN LEGISLATION. Should any changes in legislation require
any changes to this Agreement or any services provided by Flawebworks.com,
Flawebworks.com reserves the right to make any such changes, as are
determined necessary or prudent, at Flawebworks.com's sole discretion,
without giving User advanced notice. If such changes are made,
Flawebworks.com promises to send by email or postal mail notice of any
changes in a reasonable time period. In event of such changes, User may
terminate service without the required 30 day notice, but is not entitled to a
refund of any payments already made for services.
ACCEPTABLE USE POLICY
LEGAL USES. Flawebworks system and services may not be used in any way
which violates Federal, State, Local, or International law. This prohibits, but is
not limited to, any actions which are threatening, obscene, defamatory, or
which violate trade secret, copyright or patent protection, or rights of privacy
or publicity, or which result in the spread of computer viruses or other damaging
programs or data files, or which violate any export restrictions (including making
non-exportable information or software available to foreign nationals as may be
prohibited by law). In the event User is suspected of any such violation,
Host reserves the right to immediately suspend or terminate User's account.
NETWORK TRANSMISSIONS. User is responsible for any materials passed via
Flawebworks system to other networks, and agrees to comply with any
restrictions posed by the other network's terms of service or acceptable use policies.
CONFIDENTIALITY. Host will protect to the best of its ability the confidentiality
of any files and electronic mail stored on or exchanged over the system, except
as may be necessary to provide the requested Internet services, or as may be
necessary to preserve the security and proper operation of Flawebworks system,
or to protect Flawebworks rights or property.
except as otherwise provided for in this Agreement or as required by law,
will use its best efforts to avoid disclosing the contents of private electronic mail
to anyone other than addressees, authorized recipients, or those to whom
such disclosure is necessary to assure forwarding or delivery.
acknowledges that no system on the Internet can be guaranteed safe from
unauthorized intrusion, and therefore any confidential information stored on or
transmitted through Flawebworks system is stored or transmitted at User's own risk.
SECURITY CONCERNS. User is responsible for choosing a secure password
and for keeping it secret.
may not attempt to bypass any security mechanisms in place on
Flawebworks system, or use any of Flawebworks systems or services to
attempt to bypass any security mechanisms in place on any remote system.
This includes, but is not limited to, running any password cracking software,
or attempting to access a system which any user knows or reasonably
should know he or she is not authorized to access in the manner or to the
COPYRIGHT ISSUES. User agrees not to upload to, download from, make
available for public access on, or transmit through Flawebworks system any
copyrighted material in violation of the copyright owner's rights in that material.
By uploading, downloading, making available for public access, or transmitting
any copyright-protected material, User warrants that User has the proper
authorization to make or authorize the making of any copies involved with such
uploading, downloading, making available for public access, or transmission.
Unauthorized copying, or authorizing the copying of protected works in excess
of any legal right through Flawebworks system is a violation of federal law and
international treaties, and may result in not only termination of User's account,
but also may result in civil and/or criminal fines and prison sentences.
agrees not to remove any copyright ownership information, or falsify
such information, on any files uploaded, downloaded, made publicly available
through, or transmitted via Flawebworks system.
explicitly licenses Host to make any copies of copyright protected
materials necessary to provide Internet and related services to User, as
well as make any necessary copies necessary to preserve and maintain
Flawebworks system and User's files and electronic mail.
explicitly licenses Host to make any copies, without limitation, of any
copyrighted materials submitted to a public forum maintained on Flawebworks
system, or submitted to any forum to which Flawebworks provides access.
This clause cannot be modified by either party unless any modification is in
writing and signed by both parties.
UNATTENDED FORMS. User is not permitted to run any programs or
software which continually send data over or access Flawebworks system,
or run any programs or software on Flawebworks system unattended,
unless such use has been approved in advance by Flawebworks staff.