By using our
webhosting services, you agree to comply with our
policies. You are expected to use the Internet with
respect, courtesy, and responsibility, giving due regard
to the rights of other Internet users. We expect you to
have a basic knowledge of how the Internet functions,
the types of uses which are generally acceptable, and
the types of uses which are to be avoided. Common sense
is the best guide as to what is considered acceptable
use. The following are unacceptable uses:
Illegality in any form, including but not limited to
activities such as unauthorized distribution or copying
of copyrighted software, violation of U.S. export
restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, Gambling and other illegal activities.
Interpretation
The provisions of this Policy are intended as
guidelines and are not meant to be exhaustive.
Generally, conduct that violates law, regulation, or the
accepted norms of the Internet community, whether or not
expressly mentioned in this Policy, is prohibited.
Florini.net. reserves the right at all times to prohibit
activities that damage its commercial reputation and
goodwill.
Illegal Use
Florini.net. servers may be used only for lawful
purposes. Transmission, distribution or storage of any
material in violation of any applicable law or
regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used
without proper authorization, and material that is
obscene, defamatory, constitutes an illegal threat, or
violates export control laws. Also we do NOT provide
service to know SPAMMERS. Examples of non-acceptable
content or links: "Pirated software", "Hackers programs
or archives", "Gambling","Warez Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to what constitutes a
violation of this provision.
System and Network Security
Violations of system or network security are
prohibited, and may result in criminal and civil
liability. Examples include, but are not limited to the
following: unauthorized access, use, probe, or scan of a
systems security or authentication measures, data or
traffic. 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 e-mail or a
newsgroup posting.
It is a violation for anyone who, including but not
limited to, employs posts or programs which consume
excessive CPU time or storage space, permits the use of
mail services, mail forwarding capabilities, POP
accounts, or auto responders other than for their own
account; or resale of access to CGI scripts installed on
our servers.
Tortious Conduct
No one shall post defamatory, scandalous, or private
information about a person without their consent,
intentionally inflicting emotional distress, or
violating trademarks, copyrights, or other intellectual
property rights.
Spamming
Sending unsolicited mail messages, including, without
limitation, commercial advertising and informational
announcements, is expressly prohibited. A user shall not
use another site's mail server to relay mail without the
express permission of the site or distributing,
advertising or promoting software or services that have
the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
It is contrary to Florini.net. policy for customers
to use our servers to effect or participate in any of
the following activities:
To post to any Usenet or other newsgroup, forum,
e-mail mailing list or other similar group or list
articles which are off-topic according to the charter or
other owner-published FAQ or description of the group or
list;
To send unsolicited mass e-mailings, if such
unsolicited e-mailings provoke complaints from the
recipients;
To engage in any of the foregoing activities using
the service of another provider, but channeling such
activities through a Florini.net. provided server, or
using a .Florini.net provided server as a maildrop for
responses;
To falsify user information provided to Florini.net.
or to other users of the service in connection with use
of a .Florini.net service.
When Florini.net. becomes aware of an alleged
violation of its Acceptable Use Policy, Florini.net.
will initiate an investigation (within 24-48 hours).
During the investigation Florini.net. may restrict
Customer 's access in order to prevent further possible
unauthorized activity. If the Customer is found in
violation of our SPAM policy, Florini.net. may, at its
sole discretion, restrict, suspend, or terminate
Customer's account and/or pursue other civil remedies.
Also, Florini.net. reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. If such violation
is a criminal offense, Florini.net . will notify the
appropriate law enforcement department of such
violation.
Florini.net. does not issue service credits for any
outages incurred through service disablement resulting
from Policy violations.
The Customer shall be held liable for any and all
costs incurred by Florini.net. as a result of the
customer's violation of these terms and conditions. This
is including, but is not limited to, attorney fees and
costs resulting from Postmaster responses to complaints
from and the cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server
violations. First violations will result in a Cleanup
Fee of $250 and the customer s account will be reviewed
for possible immediate termination. A second violation
will result in Cleanup Fee of $500 and immediate
termination of the customer s account. The Customer who
violates this policy agrees to also pay Investigation
Fees of no more than $125 per hour that Florini.net.
personnel must spend to investigate any violations.
Modification
Florini.net. reserves the right to add, delete, or
modify any provision of this Policy at any time without
notice. Reporting Network Abuse Any party seeking to
report any violations Florini.net policy may contact via
e-mail:
abuse@florini.net
To the prospective costumers we do not provide
service of any kind to known Spammers.
Florini.net.
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Florini.net. .Florini.net
regarding your use of Florini.net.'s computer,
interactive information, communication and server
management service. This Agreement governs the terms and
conditions under which Florini.net. makes the services
offered by .Florini.net available to individual
consumers through a personal computer or similar access,
or to individual consumers or small businesses in
connection with the " Florini.net. " webhosting or
similar services. Under this Agreement, you must comply
with .Florini.net's then current "Acceptable Use
Policy," as updated from time to time by .Florini.net,
which can be viewed at :
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Florini.net. will host an account for you, the
purchaser (hereafter referred to as the Account Holder),
for the Account Holder's chosen domain name, for the
period of time (the Term) corresponding with the payment
plan chosen by the Account Holder. This contract will be
automatically renewed at the end of the Term and each
successive renewal term, unless terminated. We require
notification of non-renewal with at least 30 days notice
but not more than 60 days prior to the renewal date. You
must have all account information to cancel and fill out
the form completely that is located at
2. Florini.net services are 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. Florini.net. expressly
disclaims any representation or warranty that the
Florini.net. services will be error-free, secure or
uninterrupted. No oral advice or written information
given by .Florini.net, its employees, licensors of the
like, will create a warranty; nor may you rely on any
such information or advice. The terms of this Section
will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or
related electronic services can only be used for legal
purposes under all applicable international, federal,
provincial, and municipal laws. Further, the Account
Holder agrees not to store, transmit, link to, advertise
or make available any images containing pornography.
Violations of these or any other provisions of this
Agreement may result in termination of the services
provided by .Florini.net, with or without the grant of a
notice or cure period, such notice or cure period to be
granted at the sole discretion of Florini.net. based
upon the severity of the violation. Florini.net.
reserves the right to refuse service if any of the
content within, or any links from, the Account Holder's
website is deemed illegal, misleading, or obscene, or is
otherwise in breach of Florini.net's then current
Acceptable Use Policy, in the sole and absolute opinion
of .Florini.net. Notwithstanding anything in this
Agreement, the content of the Account Holder's website
is the sole responsibility of the Account Holder. The
Account Holder agrees to indemnify and hold harmless
Florini.net. from any and all claims, losses, damages,
liabilities, judgments, or settlements, including
reasonable attorney's fees, costs, and other expenses
incurred by Florini.net., (collectively, Claims) related
to or in connection with the content of the Account
Holder's website. The terms of this Section will survive
any termination of this Agreement.
4. Account Holder acknowledges that the nature of the
service furnished and the initial rates and charges have
been communicated to the Account Holder. Account Holder
is aware that Florini.net. reserves the right to change
the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally
accepted rules of "Netiquette" when sending e-mail
messages or posting to newsgroups. Account Holder is
responsible for security of its password. Florini.net.
will not change passwords to any account without proof
of identification, which is satisfactory to .Florini.net,
which may include written authorization with signature.
In the event of any partnership break-up, divorce or
other legal problems that includes Account Holder,
Account Holder understands that Florini.net . will
remain neutral and may put the account on hold until the
situation has been resolved. Under no circumstances will
.Florini.net be liable for any losses incurred by
Account Holder during this time of determination of
ownership, or otherwise. The Account Holder agrees to
indemnify and hold harmless Florini.net. from any and
all Claims arising from such ownership disputes. The
terms of this Section will survive any termination of
this Agreement.
6. The Account Holder agrees not to harm Florini.net.,
its reputation, computer systems, programming and/or
other persons using Florini.net.'s services. Florini.net.
reserves the right to select the server for Account
Holder's website for best performance. The Account
Holder understands that the services provided by
Florini.net. are provided on a shared server. This means
that one website cannot be permitted to overwhelm the
server with heavy CPU usage, for example from the use of
highly active CGI scripts or chat scripts. If the
Account Holder's website overwhelms the server and
causes complaints from other users, the Account Holder
has outgrown the realm of shared servers, and will need
to relocate it's website. Florini.net. will refund any
unused portion of prepaid services. If the Account
Holder refuses to comply with this Section, then .Florini.net
has the right to terminate the services provided to the
Account Holder without any refunds of the unused portion
prepaid by the Account Holder. The Account Holder agrees
to indemnify and hold harmless Florini.net. and any
other Account Holder from any and all Claims resulting
from the Account Holder's use of the services provided
by Florini.net. The terms of this Section will survive
any termination of this Agreement.
7. The Account Holder's rights and privileges under
this Agreement cannot be sold or transferred without the
prior written consent of Florini.net..
8. If the Account Holder sells or resells advertising
to a third party then the Account Holder
will be responsible for the contents of that advertising
and the actions of that third party. Florini.net. has
the absolute right to reject any advertising or other
third party content that is illegal, offensive or
otherwise in breach of the then current Florini.net.
Acceptable Use Policy. The e-mail distribution by the
Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If the
Account Holder refuses to remove any advertising or
other third party content deemed objectionable by
Florini.net., Florini.net. may terminate the services
being provided to the Account Holder.
9. Florini.net. will use its best efforts to maintain
a full time Internet presence for the Account Holder.
The Account Holder hereby acknowledges that the network
may, at various time intervals, be down due, but not
restricted to, utility interruption, equipment failure,
natural disaster, acts of God, or human error. In no
event shall .Florini.net be liable to the Account Holder
for any damages resulting from or related to any failure
or delay of Florini.net. in providing access to the
Internet under this Agreement. In no event shall
Florini.net. be liable to the Account Holder for any
indirect, special or consequential damages or lost
profits arising out of or related to this Agreement or
the performance or breach thereof. The aggregate, total
liability of Florini.net. under this Agreement, if any,
shall in no event or circumstance exceed the total
amount actually paid by the Account Holder hereunder.
The terms of this Section will survive any termination
of this Agreement.
10. This Agreement applies to all accounts,
sub-accounts, and alternative account names associated
with your principal account. The Account Holder is
responsible for the use of each account, whether used
under any name or by any person, and for ensuring full
compliance with this Agreement by all users of that
account. A .Florini.net account may not be transferred
without prior written approval from Florini.net. The
Account Holder is responsible for maintaining the
confidentiality of his/her password. In the event of a
breach of security through the Account Holder's account,
the Account Holder will be liable for any unauthorized
use of the Florini.net. services, including any damages
resulting therefrom, until the Account Holder notifies
Florini.net.'s customer service.
11. If Florini.net. assigns the Account Holder an
Internet Protocol address in connection with the Account
Holder's use of the Florini.net. services, the right to
use that Internet Protocol address will remain with and
belong only to Florini.net., and the Account Holder will
have no right to use that Internet Protocol address
except as allowed by Florini.net. in its sole and
absolute discretion.
12. This Agreement constitutes the entire agreement
between the Account Holder and .Florini.net with respect
to the Florini.net. services and supersedes all prior
agreements between the Account Holder and Florini.net..
Florini.net.'s failure to enforce any provision of this
Agreement shall not be construed as a waiver of any
provision or right. In the event that a portion of this
Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable
law as nearly as possible to reflect the original
intentions of the parties, and the remainder of the
provisions will remain in full force and effect. The
terms of this Section will survive any termination of
this Agreement.
13. The parties shall attempt to resolve all disputes
arising out of this Agreement in a spirit of cooperation
and with a problem-solving mindset, without formal
proceedings. Any dispute, which cannot be so resolved,
shall be subject to binding arbitration upon the written
demand of either party. Arbitration shall take place in
Orlando, FL. Should any legal action permissible under
this Agreement be instituted to enforce the terms and
conditions of this Agreement, in particular the right to
collect money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable attorney's
fees and expenses incurred at both the trial and
appellate levels. The terms of this Section will survive
any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold
Florini.net. harmless from any and all Claims resulting
from or connected with any activities conducted by the
Account Holder. The Account Holder and Florini.net. will
promptly notify the other upon receipt of any Claim or
legal action arising out of activities conducted
pursuant to this Agreement. The rights and
responsibilities established in this paragraph will
survive any termination of this Agreement.
15.Florini.net. may include the Account Holder's name
and contact information in directories of .Florini.net
service subscribers for the purpose promoting the use of
the services by additional potential clients. However,
Florini.net. is not authorized to print the Account
Holder's name, trademarks or other identifying
information in any other advertising or promotional
materials without the prior written consent of the
Account Holder.
16. The interpretation and enforcement of this
Agreement shall be governed according the laws of the
state of Florida (excluding its choice of law rules) and
the federal laws of United States applicable therein.
The Account Holder hereby consents to personal
jurisdiction in the federal and provincial courts of
Orlando, Florida for any action arising out of or
relating to the Account Holder's use of the Florini.net.
services. The federal and provincial courts of Orlando,
Florida will have exclusive jurisdiction over all such
actions. In any such action, the prevailing party will
be entitled to recover all legal expenses incurred in
connection with the action, including but not limited to
its costs, both taxable and non-taxable, and reasonable
attorney's fees. The terms of this Section will survive
any termination of this Agreement.
17. Notices required by this Agreement shall be in
writing and shall be delivered either by personal
delivery or by mail. If delivered by mail, notices shall
be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all
postage and charges prepaid. All notices and other
written communications under this Agreement shall be
addressed to the individuals in the capacities indicated
below, or as specified by subsequent written notice
delivered by the party whose address has changed.
18. Because the Internet is a global communication
tool, and we have clients from nearly every country in
the world it is difficult to dictate what is considered
"adult material." However, it is not our function to
discriminate against those who choose to utilize adult
content or adult related material. This being said,
there are still several reasons why Florini.net has been
forced to create its no adult sites policy for its
virtual server users.
