Acceptable Usage Policy

Personal Files

Flamingo Hosting is not responsible for backups of user’s personal files and information, unless Customer specifically is paying Flamingo Hosting to do so. Additionally, Flamingo Hosting reserves the right to delete any information pertaining to user’s accounts within a reasonable time that user is no longer a customer of Flamingo Hosting.

No Warranties

Flamingo Hosting makes no warranties of any kind, whether expressed or implied, for the service it is providing. Flamingo Hosting also disclaims any warranty of merchantability or fitness for a particular purpose. Flamingo Hosting will not be responsible for damages the customer suffers. This includes loss of revenue, loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its’s own negligence, subscriber’s errors or omissions, or due to the fault of third parties.

Contact Information

Flamingo Hosting may need to communicate with its’s customers through email. It is the responsibility of the customer to furnish to Flamingo Hosting the appropriate contact email address for such correspondence. It is the responsibility of the customer to check email sent to the primary login email address on the account. It is the responsibility of the customer to contact Flamingo Hosting of any changes to their account, such as phone number, address, credit card information, etc. Customer will be required to provide verification for security purposes authorizing them to make any changes to that account.

Taxes

Flamingo Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Flamingo Hosting’s server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Termination

Termination of any account will only take place upon request by email. Flamingo Hosting can be reached 24 hours a day by emailing [email protected].

Cloud Service Limitations

Users may not use the network for CDN services, running Torrents or Seed Servers, TOR, crypto currency mining/generating, IRC or IRC bots, reselling services through their account to provide free bandwidth to others.

Prohibited Activities

To better ensure that Flamingo Hosting accounts are not used for illegal/improper purposes, Flamingo Hosting has delineated those activities that are deemed illegal or improper. Individuals who engage in the following activities may be subject to account termination or restrictions placed upon their accounts:

Obscene Materials/Speech

Using Flamingo Hosting’s network to store or disseminate or otherwise make available child pornography is expressly prohibited. Any account found in violation of this prohibition will be terminated. Flamingo Hosting is required by Federal law to notify law officials when it becomes aware of child pornography on its network.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet is prohibited.
Any individuals who are responsible for assigned IP addresses being added to a Realtime Blackhole List will incur a $50.00 clean-up fee per affected IP, which is neither negotiable nor refundable. Maintaining an open SMTP relay, or using SMTP services for spam or other malicious purposes, is prohibited.

Intellectual Property Violations

Engaging in any activity that may violate the intellectual property rights of another are prohibited. Protected intellectual property rights include, without limitation, copyrights, trademarks, service marks, software piracy, trade secrets, patents held personally and by corporate entities. Flamingo Hosting is required by law to comply with orders to restrict accounts that have been found to violate the intellectual property rights of others.

Licensing

All software used on our services must be properly licensed and be in compliance with laws of the geography where the software is being used.

High Risk Use

Any of Flamingo Hosting services are not designed or intended for high-risk applications, for use as online control systems or use in hazardous environments requiring fail-safe performance, such as in, but not limited to, the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the software could result in death, personal injury or physical or environmental damage. Any such use or application by you is outside the scope of this agreement and you are not authorized to use the Services in any such application.

Defamatory/Abusive Language

The use of Flamingo Hosting’s network to post or otherwise transmit harassing, abusive, or threatening language is expressly prohibited.

Illegal or Unauthorized Access

Any access to other networks through Flamingo Hosting must comply with the rules appropriate for that network. Unlawful or intrusive access is strictly prohibited and includes, but is not limited to attempting to penetrate security measures and/or port scanning. Such activities will result in termination of service and/or legal measures.Distribution of Internet Viruses, Worms, Trojan Horses, or other activities which Flamingo Hosting reserves the sole right to be Destructive or Malicious are prohibited.

Facilitating a Violation of This AUP

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP may result in the suspension or termination of your account or such other action as Flamingo Hosting deems appropriate. Flamingo Hosting reserves the right to determine if the engagement in activities, whether lawful or unlawful, may be harmful to its subscribers, operations, and reputation, goodwill, or customer relations.

Third Party Subscribers

In the event that a user of Flamingo Hosting’s service is an ISP or reseller, any violations of user’s (third party) subscribers may be addressed directly by Flamingo Hosting terminating or placing restrictions on that subscriber’s account. Flamingo Hosting expects that the user will assist Flamingo Hosting in enforcing the terms of this AUP against the user’s subscribers.

Privacy

Flamingo Hosting recognizes that the Internet is not a completely secure form of communication. Flamingo Hosting respects the privacy of its users and will not intentionally monitor communications from its users unless it is directed by governmental authorities to do so. Moreover, Flamingo Hosting will disclose any information about its users in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Flamingo Hosting assumes no obligation to inform the user if such information is requested.

Right to Damages

In the event that an act or omission by the User that constitutes a violation of this AUP causes economic damage to Flamingo Hosting, Flamingo Hosting will have a right to claim and collect economic damage from the User.

indemnification

User agrees that it shall defend, indemnify, save and hold Flamingo Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Flamingo Hosting, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by User, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless Flamingo Hosting against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Flamingo Hosting’s server, (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party, (iii) copyright infringement and (iv) any defective product which Client sold on Flamingo Hosting’s server.