All elements of FTL Services' web site, including words, images, and photos, are protected by trade mark protection (look and feel of this site), unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any FTL Services website may be copied or retransmitted unless expressly permitted by FTL Services.
We may amend this agreement at any time, without notice, by posting the amended terms and conditions on our web site located at http://www.FTlServices.co.uk. The link will be labeled "Legal Notices" and will be located at the bottom of our website. Upon signing up for FTL Services' services, all customers agree to comply with the following Acceptable Use Policies. The policy is aimed to ensure our customers are using FTL Services' services with due regard to the rights of other Internet users and in conformity with the requirements of FTL Services' network environment.
This Agreement shall be governed by English law.
Use of Services:
All services provided by FTL Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material is subject to your local laws in your own country. This includes, but is not limited to: copyrighted material; trademarks; trade secrets
or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an
email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of FTL Services' services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that
is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use FTL Services' services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Spam Policy:
FTL Services is committed to a zero-tolerance,
anti-spamming policy. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless
of whether or not it overloads a server or disrupts service to FTL Services' customers. The term "spamming" also includes, but is not limited
to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on
a FTL Services server, and selling or distributing software (on a web site residing on a FTL Services server) that facilitates spamming. Violators
will face immediate suspension. FTL Services reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. FTL Services does not permit CGI script sharing with domains not hosted by FTL Services
or any scripts that may be abused for UCE purposes.
Chat Rooms
FTL Services provides all customers with a free chat room server that meet most users' needs and run without hindering system performance. Chat rooms tend to require significant system resources and therefore FTL Services does not allow customers to install their own chat rooms without obtaining written authorization from us prior to installing or running any chat rooms.
Background Running Programs and Cron Jobs
FTL Services may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact FTL Services at info@ftlservices.co.uk or through our contact page so that we can arrange set-up.
IRC
FTL Services does not allow IRC or IRC bots to be operated on our servers.
Adult Content
FTL Services does not allow Adult Content.
Traffic/Bandwidth/Data Transfer
All hosting accounts are allotted a certain amount of bandwidth each month. Any user who goes over their allotted amount of bandwidth in a month will be billed at an appropriate rate.
Actual account bandwidth usage is measured for billing purposes at the port level. This policy exists because many users offer files for download
via FTP which is not otherwise measured by the server directly at this time. Please note that because the bandwidth is monitored at the port,
any and all traffic for your Web Site is tracked including, but not limited to: FTP uploads and downloads, mail sending and retrieval, normal Web
traffic, etc. Everything that is pushed from our server to a third-party's machine is considered bandwidth and will be measured.
We have designed this policy because many users find that hosts offer "unlimited" bandwidth only to find out that it has a very real bandwidth limit. Further, they place restrictions on what
you can use the bandwidth for (i.e. no image galleries because they are a large source of bandwidth consumption). We tell you up-front how much bandwidth you are allocated each month and you have the full amount to use.
Ownership of Web Site
The legal owner of customers' web sites and accounts with FTL Services will be the individual or organization whose name is listed in FTL Services' database as the owner. FTL Services is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the Web site is published to our servers the account owner has retained ownership of that content.
Customers will fully cooperate with and abide by any and all of FTL Services' security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with FTL Services.
Child Pornography
The use of FTL Services' services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited.
FTL Services is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being
transmitted through, its services.
Modifications
FTL Services may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with FTL Services' services. Certain changes to FTL Services' services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and FTL Services is not liable, for any and all such personalized applications and content, except as expressly agreed to by FTL Services.
Backup of Data
Data Backup is available as a service, please speak to your account manager for more information.
Minimum Age Requirement
FTL Services customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the Acceptable Use policy (AUP) in order for
the Minor to become a FTL Services customer. A parent or guardian who accepts the AUP on behalf of a Minor will be primarily liable for ensuring
complete and proper compliance with the AUP, including the timely and full payment of the charges for FTL Services' services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains FTL Services' express written consent to the contrary. Any acceptance of the AUP or any other agreement for FTL Services' services will be deemed null and void to the extent
that FTL Services will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of FTL Services' services.
Indemnification
FTL Services' customers agree to protect, defend, hold harmless, and indemnify FTL Services, any third party entity related to FTL Services
(including, without limitation, third party vendors), and FTL Services' executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries
with the same parent company as FTL Services, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes
of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of
FTL Services' services.
Disclaimer
The FTL Services service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. FTL Services expressly disclaims any representation
or warranty that the FTL Services service will be error-free, secure or uninterrupted. No oral advice or written information given by FTL services, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. FTL Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL FTL Services BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR FTL Services' SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY FTL Services' SERVICES EVEN IF FTL Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FTL Services will not be liable for delays in its performance of the AUP or FTL Services' services caused by circumstances beyond FTL Services'
reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). FTL Services will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.
Customers are solely responsible for the proper operation of their web-site and/or conduct of their business and all other matters related to their web site that are under their control. In no event shall FTL Services be liable to customers for any damages arising from the products and services sold on their web site and/or their failure to operate their web-site and/or business.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the AUP or other agreement for FTL Services' services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of FTL Services.
Complete Agreement and Exclusivity
The AUP, and/or any other specific agreement for FTL Services' services, constitutes the complete understanding and agreement between FTL Services and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of FTL Services, the AUP supersedes any other written (including digitized/computerized) agreement,
oral agreement, and/or agreement by conduct. This AUP, and/or any other specific agreement for FTL Services' services is between FTL Services and its customers only and will not confer any rights in any third party except as otherwise expressly provided by FTL Services.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.