Terms & Conditions

THIS USER AGREEMENT IS AN AGREEMENT BETWEEN FLASH-SERVERS. FLASH-SERVERS, A UNITED KINGDOM COMPANY, AND THE PARTY SET FORTH IN THE RELATED ORDER FORM CUSTOMER OR INCORPORATED HERE IN BY REFERENCE (TOGETHER WITH ANY SUBSEQUENT ORDER FORMS SUBMITTED BY CUSTOMER, THE ORDER FORM, AND APPLIES TO THE PURCHASE OF ALL SERVICES ORDERED BY CUSTOMER ON THE ORDER FORM (COLLECTIVELY, THE SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY BY CLICKING ON THE BUTTON ON THE ORDER FORM CREATES A CONTRACT BETWEEN YOU THE CUSTOMER AND FLASH-SERVERS. THIS CONTRACT CONSISTS OF: THE ORDER THE APPLICABLE SERVICE DESCRIPTION THIS USER AGREEMENT THAT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING
FLASH-SERVERS'S USAGE POLICY. YOUR USE OF THE SERVICES
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT

Term; Termination; Cancellation Policy: The initial term of this Agreement shall be as set forth in the Order Form (the Initial Term. The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE FLASH-SERVERS TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the Term This Agreement may be terminated by either party by giving the other party seven (7) days prior written notice (subject to an early cancellation fee payable by Customer as provided below), Flash-Servers shall refund to you all pre-paid fees for basic hosting services (shared, dedicated and/or managed) for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above) and (iii) you shall pay an early cancellation fee of £5.00. Any cancellation request shall be effective seven (7) days after receipt by Flash-Servers, unless a later date is specified in such request. Flash-Servers may terminate this Agreement if the Services are prohibited by applicable law, or become impractical or unfeasible or any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or immediately by giving written notice to Customer.

Customer's Responsibilities: Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site. Customer will cooperate fully with Flash-Servers in connection with Flash-Servers's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for Flash-Servers's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify Flash-Servers of any change in Customer's mailing address, telephone, e-mail or other contact information. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Flash-Servers to provide the Services, as the same may be changed by Flash-Servers from time to time. Specifications for the hardware and software used by Flash-Servers to provide the Services will be available on Flash-Servers's Web site. Customer shall periodically access Flash-Servers's Web site todetermine if Flash-Servers has made any changes thereto. Flash-Servers shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Flash-Servers to provide the Services. Unless provided otherwise, Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content

Billing and Payment: Customer will pay to Flash-Servers the service fees for the Services in the manner set forth in the Order Form. Flash-Servers may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer. If any check is returned for insufficient funds Flash-Servers may impose a processing charge of £5.00. In the event that any amount due Flash-Servers remains unpaid twenty (14) days after such payment is due, Flash-Servers, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. There will be a £5.00 charge to reinstate accounts that have been suspended or terminated YOU ACKNOWLEDGE, AGREE AND AUTHORIZE FLASH-SERVERS TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.

Caching: Customer expressly (i) grants to Flash-Servers a license to cache the entirety of the Customer Content and Customer's web site, including content supplied by third parties, hosted by Flash-Servers under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights CPU

Usage: Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Flash-Servers's servers. Any violation of this policy may result in corrective action by Flash-Servers, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Flash-Servers's sole and absolute discretion. If Flash-Servers takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Flash-Servers will monitor Customer's bandwidth and disk usage. Flash-Servers shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Flash-Servers's sole and absolute discretion. If Flash-Servers takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action

Revised: Jan 2006 (ver 1.1)