Terms and Conditions of Use (sections 1-14)
Privacy Policy (section 15)
TERMS AND CONDITIONS OF USE
By
contracting a service with flying monkey / fmtemplates (FMT), customers
agree to comply with these published Terms and Conditions of Use.
FMT
reserves the right to change these Terms and Conditions of Use at any
time. Any such changes will be published on this website. Customers are
advised to check this site, and this page, at least once a month or
when in doubt
1 Payment, fees and refunds policy
FMT hosting packages are supplied on contracts of one year renewable.
Payment
for the first year is required in full before any hosting service is
rendered. Pre-payment in full is also required for account renewal:
• for accounts paid annually, pre-payment will be required during the month prior to the account's annual renewal date.
In
all cases, invoices will be emailed to the customer at the appropriate
time. Payment can be made electronically by credit card. Where payment
is not made by the due date, one reminder will be sent and the customer
will then have a period of two weeks in which to make payment. Should
payment not be made after that reminder, the account will be terminated.
Billing
will continue until you cancel your hosting account. You may cancel at
any time. FMT will require one month's notice of your intention to
cancel. Annual payments are non-refundable. To cancel an account,
customers should email:
On
cancellation, the customer's files will be held secure for up to twelve
months (see 'Privacy', section 15), in case the customer wants the
account to be re-activated.
If FMT cancels an account due to a
restrictions violation, no refund will be paid. Nor will any refund be
paid for outage or downtime caused by any failure of FMT equipment due
to, but not limited to: natural disasters (including fire and flood);
government or other local, national or international government agency
or military action; problems with the workforce.
All monetary
transactions are in GBP (British pounds sterling). Additional features
can be added at any time. FMT reserves the right to change prices at
any time, but will notify customers of any such changes in advance of
their implementation.
2 Server content policy
All services provided by flying monkey / fmtemplates (FMT) may be used for lawful purposes only.
Any
hosted website or email engaged in illegal or offensive activity, or
linked to illegal or offensive activity or material, will be shut down.
This includes, but is not restricted to, material or activity which is
deemed by FMT to be: abusive, libelous, threatening, or inciting
hatred. Likewise, FMT will not allow its server to support: online
gambling, spam, hacking, or any material containing a virus or other
hostile computer program. FMT will be the sole arbiter as to what
constitutes a violation of this provision.
FMT does not host sites of its competitors or web pages promoting sites of its competitors.
Free email businesses or sites offering free email accounts are not allowed.
Mailing
lists, discussion lists, and email marketing lists are allowed provided
they are based on double opt-in (also known as confirmed opt-in)
subscriptions.
If we determine that any site on our servers is
using too much of the server's resources and therefore abusing the
server, we have the right to suspend that domain without notice. It is
then up to you the customer to contact us and to formulate a plan to
get that domain re-activated. We are quick to suspend any domain which
abuses the server's resources and which, due to the shared nature of
the servers, will have a negative impact on other domains hosted by the
same server.
We reserve the right to refuse or to terminate service to anyone for any reason not prohibited by law.
Any
deliberate attempt to cause damage to FMT or to any other internet
systems will result in immediate account de-activation without prior
notice. No refund is given in this case.
FMT does not control,
nor can it be held liable for, the content of a customer's website or
email, responsibility for which rests solely with the customer.
Customers
will be held responsible for the content of their website and email,
and must ensure that it is complies to regulations imposed by the laws
of the USA (including the Commonwealth of Virginia), the EU and the UK.
Customers should refer also to 'Law' at section 14 of these Terms and Conditions of Use.
3 Website hosting / email
FMT
specifically excludes any guarantee as to the accuracy or quality of
information received by any person via our server and in no event will
FMT be liable for any loss or damage to any data stored on the server.
You the customer are responsible for maintaining insurance cover in
respect of any loss or damage to data stored on the server.
As
our customer, you must undertake to comply with the FMT Terms and
Conditions of Use, and with the content guide outlined above in section
2.
You the customer are responsible for sending mail in
accordance with any relevant legislation (including data protection
legislation) and for sending the same in a secure manner. We shall take
all reasonable steps to ensure accurate and prompt routing of messages,
but we shall not accept any liability for non-receipt or misquoting or
any other failure of email.
4 Domain name registration
You,
the customer, should take no action in respect of your requested domain
name(s) until you have been notified that your requested domain name
has been registered.
We accept no liability or responsibility in
respect of the use of a domain name by you, and any dispute between you
and any other individual or organisation regarding a domain name must
be resolved between the parties concerned. We shall take no part in any
such dispute.
5 Spam policy
flying monkey /
fmtemplates (FMT) is committed to a zero-tolerance, anti-spam policy.
We prohibit the sending of spam or of any unsolicited commercial email:
• EITHER over the FMT network, by customers or any other users of the FMT network (including our customers' customers);
• AND/OR over ANY network — if the message sent advertises or mentions a site hosted on the FMT server.
We
react quickly and seriously to violations and reserve the right to
terminate without prior notice the services of any customer
disregarding this anti-spam policy. Sending unsolicited commercial
email ('spam'), cross-posting messages to a large number of Usenet
groups, posting obscene or threatening messages while using or
referring to an FMT email address or web site URL is prohibited. The
use of the FMT servers as a mail drop for responses to activities
described above is also prohibited.
If your account is involved
in spamming activities and your account is subsequently terminated, you
do not have the right for a refund for any FMT hosting or additional
services, such as installations of software or IP addresses.
If you have any complaints or comments regarding spam on our network, please email us at:
6 SSH policy
FMT
enforces a strict 'No SSH' policy. Any domain that uses a script which
can be used to elevate privileges or to enable SSH services will be
suspended instantly.
7 CGI Scripts policy
Each
account comes with its own cgi-bin. You are free to use any CGI scripts
you wish (as long as they are not on our banned scripts list). However,
we reserve the right to disable any CGI script that affects normal
server operation or service to other FMT customers. You will be
notified within 24 hours about an offending CGI script.
FMT is
not responsible for scripts that you use in your hosting. It is not our
responsibility to ensure that your scripts function. Please don't
expect our support technicians to troubleshoot aspects of your scripts
or of third party scripts used on your sites hosted on our servers.
FMT
provides technical support for its servers and for its server-related
software. Any scripts included in the Control Panel are third party
scripts and are not supported by FMT. However, you may ask for
assistance in our help forum.
8 Traffic policy
Any
account which exceeds its monthly transfer allowance will be charged an
additional £5.00 per month per gigabyte or part-gigabyte until the
customer returns to the paid-for and agreed transfer allowance.
Customers who regularly exceed their transfer allocation will be asked to upgrade to a higher package.
Unused monthly transfer cannot be carried forward to the following month.
9 Backups
Full
backups are made on a daily basis. No guarantees are made of any kind,
either expressed or implied, as to the integrity of these backups.
Backups are made for server restoration purposes only. It is the
client's responsibility to maintain backup copies of their web content
and account data. A 'Backup Manager' is included in each hosting plan
and clients can use this tool to back up their files.
If
loss of data occurs due to an error by FMT, we shall attempt to recover
the data from our backups at no charge to the client. If data loss
occurs due to negligence by the client in securing their account, or by
an action of the client, FMT will attempt to recover the data from the
most recent archive for a £25.00 fee.
10 Service availability
We
shall make all reasonable attempts to provide continuous availability
of the server and our services but we shall not, in any event, be
liable for service interruptions or unavoidable down-time of the server.
11 Intellectual property rights and other consents
You
the customer are solely responsible for obtaining any and all necessary
intellectual property rights, clearances, and/or other consents and
authorisations in respect of your use of FMT services, including
without limitation, clearance and/or consents in respect of your
proposed domain name and any merchant services agreements between you
and the relevant banks in respect of your daily operation / operation
of an online store.
12 Support policy
Customers are
responsible for having a good working knowledge of aspects of their
site's operation and the tools at their disposal.
It
is highly unlikely that an operational problem on a customer's website
or email will be caused by the FMT servers. Please check your own
systems (eg all relevant passwords and softwares, availability of
service from your ISP) before posting on the forum.
For more information on FMT support services, see the Tutorial site.
13 Indemnification policy
You the customer agree to defend, indemnify and hold harmless FMT against liabilities arising out of:
• any injury to person or property caused by any products sold or otherwise distributed by you the customer via FMT servers;
•
any material supplied by you the customer infringing or allegedly
infringing on the proprietary rights of a third party, including the
violation of a third party's intellectual property rights;
• any
customer warranties, representations, or mis-representations, including
false advertising, unfair competition claims and inaccurate information;
• any defective products sold to you via FMT servers.
FMT
reserves the right to collect damages (to cover software, hardware and
man-hours) from a customer should that customer be responsible for
causing any harm to FMT systems which requires repair or
reconfiguration of any kind.
flying monkey / fmtemplates (FMT) will be the sole judge of what violates this policy.
14 Law
These
Terms and Conditions of Use will be governed by and construed in
accordance with the laws of England and customers hereby submit to the
non-exclusive jurisdiction of the English courts.
PRIVACY
15 Privacy policy
flying
monkey / fmtemplates (FMT) gathers certain types of information about
its users in order to provide an efficient, reliable service. We
believe you should know what that information is, how we use it, and
how we maintain your privacy.
15.1 The information gathered
When you register, FMT records:
• contact information, such as your name, address, and telephone number;
• payment information, such as your credit card number and/or bank details.
As you use part(s) of the FMT service, we record:
• information on each of your sessions (ie date and time of use);
• information about the specific internet address assigned to you;
• details of your payment history;
• notes regarding any requests you make for information on FMT products and services;
• any communications you have with FMT support.
Except
in extraordinary circumstances (when we receive a court order, to
protect the company's rights or property, or in emergencies where
someone's safety is at risk), FMT does NOT keep track of what sites you
visit when you are using the service.
15.2 How the information is used
FMT uses the information it gathers as follows:
•
Your contact information is used to email you as necessary regarding
your account, and regarding the operation of the FMT service.
• Payment information is used to validate your identity, and to bill you for the services and products you order.
•
Information on your online sessions is used to ensure system resources
are allocated correctly, and to ensure compliance with FMT Terms &
Conditions, as stated above.
• Information on your communications with FMT support is used to address the issues raised by your communications.
15.3 Information sharing and disclosure
FMT will not sell, share, or disclose information regarding its subscribers except:
• when required to do so by law;
• when reasonably necessary to protect the company's rights or property;
• in emergencies, where someone's safety is at risk;
• for reasons of national security or other issues of public importance.
You
should be aware, however, that any information you disclose in a public
space (such as a chat room, bulletin board, or personal website) is
freely available to anyone else visiting that space. FMT cannot
safeguard any personally identifiable information you disclose in these
locations, nor can it ensure that information you voluntarily supply to
third parties remains private. Please review the privacy policies of
third party sites you frequent to ensure that your privacy preferences
are respected.
15.4 Security of information
FMT takes all
possible precautions — including administrative, technical, and
physical measures — to safeguard your personal information against
loss, theft, and misuse, and against unauthorised access, disclosure,
alteration, and destruction.
FMT payment procedures use Secure
Sockets Layer (SSL) encryption on all web pages where personal
information is required. To make purchases from FMT, you must use an
SSL-enabled browser such as Safari, Netscape Navigator 3.0 or later, or
Internet Explorer. Doing so protects the confidentiality of your
personal and credit card information while it's transmitted over the
internet.
Electronic mail on this system is as private as we can
make it, but customers are reminded that no computer network can ever
be considered completely safe from intrusion. Email may pass through
many computer systems and should never be considered as absolutely
secure unless it is encrypted – and even encrypted information is only
as secure as the encryption method used.
15.5 Changing account information
For
a copy of your account information, email your request to
We shall change your information as
appropriate by returning a message to your address. Please remember
that under FMT Terms and Conditions of Use, subscribers are required to
provide FMT with current contact and billing information. FMT may
require identification before disclosing billing information, or before
making changes to the billing or contact information on an account.
15.6 Deleting information if an account is cancelled
We
shall delete your personally identifiable account information twelve
months after you cancel your account, unless we are under a legal
obligation to retain it. We keep account information for this short
period of time in case you wish to re-activate your account and retain
your previous email address. FMT also reserves the right to retain your
contact and billing information in order to resolve any accounting
irregularities which might arise.
15.7 Changes to the FMT privacy policy
FMT
reserves the right to change the terms of its privacy policy at any
time. Any such changes will be posted to this website. Please review
our privacy policy regularly. If you have any questions about this
policy, please email
Company details
flying monkey / fmtemplates (FMT) is run by flying monkey ltd,
33 Limehouse Cut, 46 Morris Road, London E14 6NQ, UK
Registered office: 57 Vale Road, London N4 1PP, UK
Company registration number: 4864796 (England & Wales)
Staff at flying monkey ltd are not qualified to assist with technical enquiries.
