Last Updated: December 30, 2019

Terms of Service

These Terms of Service (the “Agreement”) are an agreement between FleastandHosting.com (“Fleastand Hosting” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Fleastand Hosting and of the FleastandHosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the services.

Additional Policies and Agreements

Use of the Services is also directed by the following policies, which are listed for reference. By using the Services, you also agree to the terms of the following policies.

Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older.  Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to represent and are authorized to agree and comply with such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

You are responsible of providing accurate, current, and complete information on the registration forms, including an email address that is different from the domain in which you are signing up. Your primary email on file will be used to contact you about any abuse and failure to comply with this agreement. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct and complete at all times. Fleastand Hosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact us via email or update your contact information through the Fleastand Hosting Client Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In certain cases, you may be required to provide government issued identification for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 10 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB.

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign-up date.

Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Fleastand Hosting be held liable for any lost or missing data or files resulting from a transfer to or from Fleastand Hosting. You are solely responsible for backing up your data in all circumstances.

Fleastand Hosting Content

Except for your own content, all content available through the Fleastand Hosting Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Fleastand Hosting Content”), are the proprietary property of Fleastand Hosting or Fleastand’s Partners. Fleastand Hosting Content may not be, copied, downloaded, sold or exploited for any purpose in any form. All rights to use Fleastand Hosting Content that are not expressly granted in this Agreement are reserved by Fleastand Hosting and Fleastand’s licensors and Partners.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. 

Fleastand Hosting does not monitor User Content. However, you acknowledge and agree that Fleastand Hosting may, but is not obligated to, immediately take any corrective action in Fleastand Hosting’s sole discretion, including without limitation removal of all or a portion of the User Content or User.

Third Party Products and Services

Third-Party Providers

Fleastand Hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing with.

Fleastand Hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third party providers at your own risk.

Third-Party Links and Websites

Our Services may contain links to other websites that are not owned or controlled by Fleastand Hosting (“Third-Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third-Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

Prohibited Persons (Countries, Entities, And Individuals).

Fleastand Hosting is currently only providing services in the US (United States of America). Any person or persons that use our services must be based in the US. Future international expansion is currently being considered.

Account Security and Fleastand Hosting Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Fleastand Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. If you do not clean up your account after being notified by Fleastand Hosting of an ongoing issue, we reserve the right to keep your account disabled.

Fleastand Hosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer. We Are NOT “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services is not HIPAA compliant and so leaves you with the sole responsibility of user information and data. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”).  For more information about the Health Insurance Portability and Accountability Act (“HIPAA”) please visit: www.hhs.gov/hipaa

If you have questions about the security of your data, you should contact contact@fleastandhosting.com.

Billing and Payment Information

Multiple Accounts.

Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.

Prepayment.

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time.

Autorenewal.

Unless otherwise provided, you agree that until and unless you notify Fleastand Hosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using the billing option and information you provided on file.

Taxes.

Listed fees for the Services do not always include any applicable taxes imposed by any taxing authority. Any applicable taxes will be added to Fleastand Hosting’s invoice as a separate charge to be paid by you.

Late Payment.

Any invoice that is outstanding for more than seven (7) days may result in the suspension and further on may result in termination of Services. Access to the account will not be restored until payment has been received.  Fleastand Hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments.

It is your sole responsibility to notify Fleastand Hosting’s Billing department via a support ticket created from https://www.FleastandHosting.com/client after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Fleastand Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Fleastand Hosting may report any such misuse or fraudulent use, as determined in Fleastand Hosting’s sole discretion, to the proper authorities.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by Fleastand Hosting.

Money-back Guarantee

Fleastand Hosting offers a thirty (30) day money-back guarantee for our web hosting services only and not of the our third-party providers or partners. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting only. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

Cancellations and Refunds

Money-back Guarantee.

If an account with a thirty (30) day money-back guarantee is purchased and then canceled within the first thirty (30) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the Fleastand Hosting Support Team (the “Refund Request”) within thirty (30) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to Fleastand Hosting for the initial term.

Refund Eligibility.

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, or if you have opened a second account with us, you will not be eligible for a refund.

Non-refundable Products and Services.

There are no refunds on domain names, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Fleastand Hosting’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Cancellation Process.

You may terminate or cancel the Services by giving Fleastand Hosting written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Fleastand Hosting’s Billing department via a support ticket created from https://www.FleastandHosting.com/client to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

We currently do not accept foreign currency

Termination

Fleastand Hosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Fleastand Hosting or others or cause Fleastand Hosting or others to incur liability, as determined by Fleastand Hosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

Permitted CPU and Disk Usage.

Fleastand Hosting expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Fleastand Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Fleastand Hosting’s terms and conditions.

Price Change

Fleastand Hosting reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Fleastand Hosting through the user billing tool or through other methods of communication, including notices sent or posted by Fleastand Hosting.

Coupons

Any account found in violation any of our coupons policies will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Disclaimer

Fleastand Hosting shall not be responsible for any damages your business may suffer. Fleastand Hosting makes no warranties of any kind, expressed or implied for the Services. Fleastand Hosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Fleastand Hosting or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. Fleastand Hosting’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups is kept at a time. You may purchase additional backup options by contacting our sales team. Fleastand Hosting is not responsible for any files or data on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Fleastand Hosting’s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Fleastand Hosting AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES, PROVIDED HEREUNDER. Fleastand Hosting AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Fleastand Hosting AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA, TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

Fleastand Hosting may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Changes to the Agreement or the Services

Fleastand Hosting may modify, add, or delete portions of this Agreement at any time. You will be informed by the email address you provided on file. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Fleastand Hosting.

Last Updated: 12/30/2019