1. Purpose and legal validity of the Hosting Policy
This Hosting Policy is for all customers who purchase a product from Flip Service that is located on the servers of Jolly Gecko Web Solutions, including, but not limited to, a subdomain name and a hosting package. The content of the Hosting Policy forms part of the General Terms and Conditions of Flip Service and therefore has exactly the same legal validity.
2. Terminology
2a When this Hosting Policy refers to 'website', it means both the landing page with associated browseable publication(s) on the Flip Service hosting server, www.flipby.click, and a website to which a redirect is referred. that is linked to a domain name parked at Flip Service. It is of no importance where the website to which you refer is hosted.
2b 'Customer' means: a natural or legal person in whose name the hosting of the browseable publication(s) has been ordered from Flip Service.
3.Content
3a The content of the website must remain within the limits of the applicable laws and within the rules of Flip Service.
- 'Applicable laws' are understood to mean: all laws and regulations established by one or more of the applicable authorities. 'Applicable authorities' means: the local, regional and national authorities in the Netherlands, as well as all possible authorities within the European Union whose legislation applies to the content of a website.
It is entirely up to Flip Service to assess whether certain content conflicts with the content of one or more of these documents and/or the legislation mentioned.
3b Content that is categorically prohibited includes (but is not limited to):
- Pornographic material (photos, videos, sound files, stories or in any other form.
- Any form of illegal material; All content that is contrary to the applicable laws as described in paragraph 3a is considered illegal.
- Material that is copyrighted by third parties and that is used without the permission of that third party(s).
- Content that promotes or enables illegal activities, for example through hacking software or files, spyware, spam programs, etc.
- Illegal software.
4. Measures against unauthorized content
4a Flip Service is entitled to take immediate measures (for example closing/blocking the landing page and/or the scrollable publication) if there is a suspicion of irregularities. The customer does not need to be informed of this in advance. Flip Service is in no way liable for any consequences of the closure.
4b Flip Service will at all times cooperate with a judicial request to block/close the landing page and/or the browseable publication, provided that this request comes from a competent judicial authority. If such a request is received by Flip Service, any possible right to refund or compensation in any form whatsoever will lapse.
4c Flip Service voluntarily submits to the Notice and Take Down Code of Conduct drawn up by government, business and interest groups - under the leadership of the NICC (National Infrastructure to Combat Cybercrime). The code of conduct is deemed to be part of this Hosting Policy.
5. Network security
Customers may not use Flip Service's network to bypass user authentication or security on any host, network or account. Attempts to do so are also prohibited. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account for which the customer has not been expressly authorized, password cracking, probing other networks for weaknesses, and violation of third party security policies. Customers may not attempt to interfere with or block any user, host or network. This includes, but is not limited to: flooding, mail bombing, and other deliberate attempts to overload or crash a host or network. Flip Service will fully cooperate with investigations into violations of system or network security of other sites, as well as cooperate with authorities in their investigation of suspected criminal violations. Customers who violate system and/or network security may be prosecuted criminally and/or civilly.
6. Maintenance
Flip Service may partially or completely decommission its systems for a limited period of time to perform maintenance without any compensation being owed to the customer in any form.
7. Backups
Flip Service makes daily backups of the contents of its hosting servers so that they can be restored in the event of an emergency. However, Flip Service can never be held liable for loss of data in any form.
8. Third Party Rights
The customer guarantees Flip Service that the assignment that the customer provides to Flip Service does not infringe any rights of third parties in any way. This includes (but is not limited to): content of the browseable publications.
9. Blocking and Removal
9a Flip Service reserves the right to suspend services to the customer in the event of non-payment or late payment or violation of the General Terms and Conditions, the Hosting Policy or any other rule. Suspension can be done, among other things, by blocking the landing page and/or deactivating the browseable publication.
9b During a blocking, the obligation to pay Flip Service remains unaffected.
9c After an account has been blocked for a month, Flip Service has the right to remove the landing page with the associated browseable publication.
10. Indemnification
10a Customer agrees to indemnify Flip Service against all claims, liabilities, losses and costs, including reasonable attorneys' fees, exacted from Flip Service, its agents, its customers and employees, resulting from any service made available, or agreed to be made available, or any product sold by the customer.
10b The customer agrees to indemnify Flip Service against all liability arising from:
- any injury to persons or property caused by any product sold or otherwise distributed in connection with a Flip Service service;
- any material made available by the customer;
- infringement of any copyright;
- placing resp. displaying material that may be offensive or otherwise objectionable to third parties.
10c The customer agrees that he can hold Flip Service liable for a maximum amount equal to the amount paid for the service.
10d Flip Service emphasizes that by accepting its services, customers indemnify Flip Service against the violation of any law or Flip Service policy and/or conditions, which results in loss to Flip Service or results in any claim against Flip Service. This means that if Flip Service is sued due to customer activities that violate any law or policy/terms, Customer will reimburse Flip Service for all damages to Flip Service resulting therefrom, plus costs and reasonable attorneys' fees.
11. View folders and files
Flip Service and its employees will refrain from viewing privacy-sensitive information such as emails sent to customers, unless the customer raises a problem that can only be solved by, for example, opening a mailbox. In such cases, the customer will first be consulted.
12. Disclaimer
12a Flip Service is not responsible for any damage that the customer may suffer. Flip Service does not provide any guarantees for damage resulting from the use of its services. This includes, but is not limited to, loss of data resulting from delays, non-arrival, or misdelivery, and any service interruptions caused by Flip Service and its staff.
12b If any term or condition is not complied with, the agreement may be suspended or canceled with immediate effect.
12c Flip Service reserves the right to change or expand this policy for any reason without notifying the customer. Publication on the Flip Service website is sufficient for this. It is up to Flip Service to determine whether the change is also communicated directly to the customer.