Terms Of Service

Welcome to Flosk Hosting ("Flosk Hosting," "we," "us," or "our"), a web hosting service provider based out of Texas. Please read these Terms of Service ("TOS," "Terms," or "Agreement") carefully before using our services. By accessing or using our services, you ("Customer," "you," or "your") agree to be bound by these Terms, including any additional policies and guidelines incorporated by reference.

1. Services

Flosk Hosting provides various web hosting services, including but not limited to shared hosting, dedicated servers, cloud hosting, and domain registration (collectively, the "Services"). These Services may be subject to additional terms and conditions, which will be provided to you when you subscribe to the Service.

We reserve the right to modify, suspend, or discontinue any Service, in whole or in part, at any time with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of any Service.

All services provided by Flosk Hosting are unmanaged. "Unmanaged" means that Flosk Hosting does not provide, and is not obligated to provide, any technical support for the operation, troubleshooting, or maintenance of websites, software, or services on your hosting account. It is your sole responsibility to manage, maintain, update, upgrade, and secure your hosted content, software, and services. Flosk Hosting is not responsible for the functionality or security of your website or any software or service you install or use on your hosting account.

While our primary offerings are unmanaged, if you require technical assistance outside the scope of our standard services, we offer managed service requests at a fee of $5 per request. This fee covers support tasks including, but not limited to, troubleshooting, software installation, and other related services. These requests must be made formally and will be addressed at our discretion based on our available resources.

2. Account and Registration

To use our Services, you must create an account with Flosk Hosting. When registering for an account, you must provide accurate and complete information and promptly update this information as necessary to ensure it remains accurate and complete.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Flosk Hosting of any unauthorized use of your account or any other breach of security.

You may not use another person's account at any time, without the permission of the account holder. Flosk Hosting will not be liable for any loss or damage arising from your failure to comply with this provision.

3. Payment and Billing

You agree to pay all fees associated with the Services you purchase from Flosk Hosting, as specified during the ordering process. All fees are stated in United States Dollars (USD) and are exclusive of any applicable taxes.

Flosk Hosting will bill you in advance for the Services, either on a monthly or annual basis, as selected by you during the ordering process. All payments are non-refundable unless otherwise expressly stated in these Terms.

In the event of non-payment, we reserve the right to suspend or terminate your account and the Services provided to you. You are responsible for any fees associated with the collection of unpaid balances, including but not limited to legal fees and collection agency fees.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes, in compliance with all applicable laws, regulations, and our Acceptable Use Policy (AUP), which is incorporated into these Terms by reference. The AUP outlines prohibited uses of our Services and may be updated from time to time.

Flosk Hosting reserves the right to suspend or terminate your account and the Services provided to you, without prior notice or liability, for any violation of the AUP or these Terms.

5. Intellectual Property Rights

You represent and warrant that you have all necessary rights, licenses, and permissions to use and publish any content, materials, or information (collectively, "Content") you upload, store, or transmit through our Services.

You retain ownership of all intellectual property rights in your Content. By using our Services, you grant Flosk Hosting a non-exclusive, worldwide, royalty-free license to use, store, transmit, and display your Content as necessary to provide the Services to you.

Flosk Hosting respects the intellectual property rights of others and expects its customers to do the same. We may, in our sole discretion, suspend or terminate your account and the Services provided to you if you are found to be infringing on the intellectual property rights of others.

6. Indemnification

You agree to indemnify, defend, and hold harmless Flosk Hosting, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your Content, or your violation of these Terms, the AUP, or any applicable laws or regulations.

7. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Flosk Hosting does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

8. Limitation of Liability

In no event shall Flosk Hosting, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Flosk Hosting has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

In no event shall Flosk Hosting's total liability to you for all damages, losses, or causes of action arising out of or relating to these Terms or your use of the Services exceed the amount paid by you for the Services during the twelve (12) months immediately preceding the event giving rise to such claim.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Changes to the Terms

Flosk Hosting reserves the right to modify these Terms at any time. We will notify you of any material changes to the Terms by posting the updated Terms on our website or by sending you an email notification. Your continued use of the Services after any such modifications constitutes your acceptance of the revised Terms.

If you do not agree with any changes to these Terms, you must immediately cease using the Services and close your account.

11. Termination

You may terminate your account and discontinue your use of the Services at any time by contacting our customer support team. Flosk Hosting reserves the right to terminate your account and access to the Services, with or without notice, for any reason or no reason, including but not limited to a violation of these Terms or the AUP.

Upon termination of your account, all licenses granted to you under these Terms will immediately terminate, and Flosk Hosting may delete all of your Content and data stored on our servers. It is your responsibility to maintain backups of your Content and data.

12. Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

The failure of Flosk Hosting to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any applicable policies or guidelines posted by Flosk Hosting constitute the entire agreement between you and Flosk Hosting concerning your use of the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written

Contact Information

If you have any questions about these Terms, please contact us at support@flosk.host

By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

Effective Date: 08/20/2023