Terms of Use

These Terms of Service (“Terms'') govern your access to and use of the Sites and Platform of FlowHost. We've aimed to make these Terms clear and straightforward. Alongside legal terms, we provide plain English explanations (see "Basically..." in the sidebar notes) for better understanding, though these are not legally binding.

For comments or questions about these Terms, please contact us via email. Subject to these Terms, during your Subscription Term, you are granted access to FlowHost's hosting services and related web design technology products (like FlowHost's Designer, Dashboard, Workspace(s), Software, and Site Plans), whether on a free, trial, or paid basis, as applicable.

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1. Applicable Terms

This document is an agreement (the "Agreement") that governs your use of the FlowHost platform and related offerings. It includes several key policies and terms:

  1. Acceptance: You must accept these terms to use the FlowHost platform. If you don't understand or agree to these terms, you should not use the platform.
  2. Included Policies: The Agreement incorporates several specific policies and terms by reference, including the Acceptable Use Policy, Privacy Policy, Beta Program Terms and Conditions, and any other referenced documents.
  3. Definitions: Terms capitalized but not defined in this document are defined in the incorporated policies and terms.
  4. Separate Agreements: If you have an Order Form under FlowHost’s Master Subscription Agreement ("MSA"), it governs your use of the platform instead of these terms.
  5. Effective Date and Subscription Term: The Agreement is effective from the date you first accept these terms or use the platform, or the date of the first Order Form referencing this Agreement, whichever is earlier. The subscription term lasts until you terminate your account or the expiration/termination of the last outstanding Order Form.
  6. Binding Agreement: By accepting this Agreement or using the FlowHost platform, you confirm that you understand and agree to all terms and conditions. This Agreement is legally binding.
  7. Authority to Accept: If you're using the platform on behalf of an organization, you must be authorized to accept these terms on its behalf, and the organization will be responsible for any violations of the Agreement.
  8. Arbitration Clause: Section 16 contains mandatory arbitration provisions for resolving disputes.

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1.2 Who is Who

This section of the agreement specifies the provider of the Sites and the Platform, and clarifies the definitions of key terms:

  1. Provider Information: The Sites and the Platform are provided by FlowHost
  2. Inclusive Terms: The term "FlowHost" in the agreement includes FlowHost, Inc. and its Affiliates. It is referred to as “we”, “us”, or “our” in the Agreement.
  3. Definition of 'You' or 'Customer': In the Agreement, “you” or “Customer” refers to the individual or entity accessing the Sites or using the Platform on behalf of an organization or entity.
  4. Definition of 'Affiliates': “Affiliates” refers to entities that have a control relationship with a party. This can include entities that directly or indirectly control, are controlled by, or are under common control with the party.
  5. Control Definition: “Control” involves either:a. Ownership or control of more than 50% of the voting interests of the subject entity.b. The power to direct or influence the management and policies of an entity, whether through ownership, contract, or other means.

2.1 Eligibility

The Platform is available only for individuals aged 13 years or older, or the digital age of consent in your country, if it is higher. If you are between 13 and the age of majority in your jurisdiction (which may be older than 18), you must review these Terms with a parent or guardian. Both you and your parent or guardian must understand and agree to these Terms, and your parent or guardian must accept these Terms on your behalf. If you are a parent or guardian agreeing to these Terms for a child over 13 (or the digital age of consent in your country, if higher), you take full responsibility for that child’s use of the Platform, including all financial charges and legal liabilities they may incur. We reserve the right, at our sole discretion, to refuse the Platform to anyone and to change the eligibility criteria at any time. The right to access the Platform is withdrawn where this Agreement or use of the Platform is prohibited, or where any offer, sale, or provision of the Platform conflicts with any applicable law, rule, or regulation.

2.2 Signing Up

To access and use the Platform, you must register for an account with FlowHost (“Account”). During registration, you must provide complete and accurate information and keep this information updated for effective communication regarding your Account. This is important for receiving notices about updates (such as changes to these Terms or our Privacy Policy), and for legal inquiries about your use of the Platform. It's advised to use your own, or your company's, contact and billing details, including a valid, current email address. This helps in identifying the true owner of the Account and/or Website Content (as defined later). FlowHost reserves the right to reclaim usernames for businesses or individuals that have a legal claim or trademark on those usernames.

2.3 Your Account

You acknowledge that FlowHost will use the email address you provide when creating an Account or as updated by you as the primary method for communication with you (“Primary Email Address”). You are responsible for monitoring this email address, and it must be capable of sending and receiving messages. Your email communications with FlowHost are only considered authentic if they come from your Primary Email Address. Losing access to your Primary Email Address means FlowHost cannot authenticate your Account, resulting in permanent loss of access (for example, if you fail to renew your domain name and lose access to the associated email, FlowHost cannot resolve this issue for you). FlowHostwill not be liable for any losses incurred due to the loss of access to your Primary Email Address, as outlined in Section 12 of these Terms (“Disclaimer of Warranties and Limitation of Liability”).

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2.4 Disputes

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If a dispute arises regarding Account or Website Content ownership, we reserve the right to determine ownership using our reasonable judgment, at our sole discretion. If we're unable to make a determination, we may choose not to intervene in the dispute. In such cases, we reserve the right to suspend any involved Account(s) or take down Website Content until the disputing parties resolve the issue, without being liable to any party involved. We might request documentation (e.g., government-issued ID, trademark certification) to aid in determining ownership. Below are non-exhaustive factors we'll consider for ownership determination:

2.6.1 FlowHost will consider the owner of an Account to be the person or entity with access to the Primary Email Address associated with that Account.

2.6.2 FlowHost will consider the owner of Website Content to be the person or entity with access to the Primary Email Address of the Account under which the Website Content was created.

2.6.3 For Accounts that have incurred any Fees (defined below), FlowHost may consider the owner of such Account and/or Website Content created under it to be the person or entity whose billing details were used for payment of these Fees.

2.6.4 Despite the above, if FlowHost finds the circumstances warrant it, we have the exclusive right to adjudicate any ownership dispute of an Account and/or Website Content at our sole discretion, based on any available information, including the factors mentioned above.

3 Your Website

3.1 Website Content

If you have a FlowHost Account, the Platform allows you to publish or upload various content types to the Internet, including but not limited to blogs, forum posts, images, photos, and videos. Any content you submit, post, display, or make available on or via the Platform, including all associated Intellectual Property Rights (defined below), is referred to as your “Website Content.” This includes any Templates, Libraries, or Apps you submit to the Marketplace. Unless specified otherwise in the Agreement, and to the fullest extent allowed by law, you are fully responsible for the Website Content you create or submit to the Platform. You also agree not to use the Platform to create or submit Website Content that violates the Agreement, including FlowHost’s Acceptable Use Policy.

3.2 Backups

You alone are responsible for any of your Website Content that may be lost or unrecoverable through your use of the Platform. Accordingly, we encourage you to backup and/or archive your Website Content regularly. We have no obligation to archive or create a backup copy of your Website Content for you.

3.3 Features

Notwithstanding the previous terms, FlowHost may, at its discretion, choose to feature your Website Content and/or your name, trade names, trademarks, logos, and other similar identifying symbols included in your Website Content (collectively, “Marks”). You grant FlowHost a non-exclusive, revocable, royalty-free, worldwide right and license to display or use your published Website Content or Marks for limited purposes related to FlowHost's marketing and promotional activities (for example, featuring your Website Content or Marks on our website, in customer lists, or on social media accounts). You agree to waive any claims against FlowHost relating to moral rights, artists’ rights, or any other similar rights worldwide that you may have in your Website Content or Marks, including any right of inspection or approval of such use. All goodwill generated from FlowHost’s use of your Marks will benefit the owner of these Marks. This section doesn't affect any rights you may have under applicable data protection laws. For clarity, you can revoke the licenses granted to FlowHost for marketing and/or promoting your Website Content and/or Marks by contacting us at contact@FlowHost.app

3.4 Removal

You may remove your Website Content from and discontinue your use of the Platform at any time. You must remove your Website Content if you do not have the rights required under this Agreement.

3.5 Availability

Subject to this Agreement and our policies and procedures, we will use commercially reasonable efforts to make our Site and Services available 24 hours a day, seven days a week. However, you understand that sometimes the Site may be inaccessible or inoperable due to various reasons, such as equipment malfunctions, maintenance, or factors beyond our control like telecommunication issues, network attacks, or congestion. We do not guarantee continuous or uninterrupted availability of the Site or Services and are not liable for any unavailability.

We may offer new or experimental features or services, known as "Trial Services". If you choose to use these Trial Services, please be aware of the following conditions:

  1. Pre-release Nature: Trial Services are pre-release versions and may not function correctly.
  2. Operational Risks: Using Trial Services could expose you to operational failures.
  3. As-is Provision: Trial Services are provided "as-is", and we don't recommend using them in critical environments.
  4. Changes and Discontinuation: We reserve the right to modify or discontinue Trial Services at any time.
  5. Changes in Commercial Release: Commercially released versions of Trial Services may differ significantly, and programs used with Trial Services may be incompatible with later versions.
  6. Limited Support: Customer support for Trial Services may be limited.
  7. Feedback: We may ask for feedback, which you agree to provide. Your feedback can be used in our product development, and we may use your comments publicly. Any intellectual property in your feedback belongs to us.
  8. Confidentiality: Information about your use of Trial Services is confidential and should not be shared with third parties.
  9. Disclaimer of Warranties: Trial Services are provided without warranties of any kind, to the extent permitted by law.

4. Responsiblity

You represent and warrant that your use of the Platform, including the content you upload (your "Website Content"), will adhere to all relevant laws, rules, and regulations. This includes, but is not limited to, compliance with privacy and data protection laws as well as applicable export or import controls, regulations, and sanctions. It's important to note that FlowHost does not provide legal advice on your compliance with these laws. You are responsible for ensuring that your use of the Platform and your Website Content are in full compliance with legal requirements.

5.NO SPAM POLICY; ENFORCEMENT MEASURES

Spam Prohibition. FlowHost maintains a strict no-spam policy. We actively monitor traffic to and from our web servers for signs of spamming. Customers suspected of using our products and services for spamming will be thoroughly investigated. Should we find evidence of spamming activities, we will take necessary actions to address the issue.

Definition of Spam. We consider spam to be any form of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax). This includes, but is not limited to:

  • Email messages
  • Newsgroup postings
  • Windows system messages
  • Pop-up messages (also known as “adware” or “spyware” messages)
  • Instant messages (via platforms like AOL, MSN, Yahoo, etc.)
  • Chat room advertisements
  • Guestbook or Website Forum postings
  • Facsimile solicitations
  • Text/SMS messages

Our servers and services must not be used for the activities mentioned above. To use our products and services, compliance with all relevant laws and regulations, as well as this no-spam policy, is required. Commercial advertising, bulk emails, or faxes can only be sent to recipients who have “opted-in” and must include proper sender information and an opt-out method.

Action on Spam. If we find our services are being used for spam, we may redirect, suspend, or cancel the relevant website hosting, domain registration, email boxes, or other services until the customer addresses the issue. The customer must then assure us via email that they will stop sending spam or having it sent on their behalf. If spamming continues after service restoration, we may permanently terminate the associated services.

Reporting Spam. We encourage customers and recipients of emails from our services to report any suspected spam. Such incidents can be reported to our support email at support@flowhost.com.

Liquidated Damages. We reserve the right to immediately terminate any account that we, in our sole and absolute discretion, believe is involved with or connected to spam or unsolicited bulk emails

6. Links

This Site and its Services may include links to websites owned by other parties, which are not controlled or operated by FlowHost. FlowHost is not responsible for the content, policies, or practices of these external websites. Additionally, FlowHost does not review or alter the content of these third-party sites. By accessing and using this Site or its Services, you acknowledge that FlowHost is not liable for any issues that may arise from your interactions with any third-party website. As such, when navigating away from this Site or its Services, FlowHost advises you to familiarize yourself with the terms, privacy policies, and other relevant documents of each website you visit.

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7.ADHERENCE TO LOCAL REGULATIONS

FlowHost does not guarantee or assert that the content available on this Site or the Services provided through this Site are suitable or lawful in every country or jurisdiction. Accessing this Site and its Services from locations where their content is deemed illegal is strictly forbidden. Individuals who access this Site or utilize the Services offered on this Site are solely responsible for ensuring their actions are in compliance with all applicable local laws, rules, and regulations.

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8.INTERPRETATION AND LEGAL VALIDITY

The titles and headings used in this Agreement serve solely for convenience and ease of reference and should not be used to interpret the Agreement's terms. Each promise and commitment in this Agreement is to be considered independently. Should any provision (or part of a provision) of this Agreement be deemed illegal, invalid, or unenforceable by a competent court, the rest of the Agreement remains unaffected. The remaining provisions (or parts thereof) will continue to be valid and enforceable to the maximum extent allowed by law.

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CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email:

support@flowhost.app

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