Hosting Terms Of Service
Last Updated: September 1, 2025
This agreement (“Agreement”) is between hosting service provider Antoine Holman (DBA Flagship Digital Marketing) (hereinafter referred to as “Flagship Digital Marketing”) and the Customer (“Customer”) specified in the electronic order form annexed herein by reference (“Order”). The agreement takes effect as of the date of the order.
The parties agree as follows:
Overview
This agreement, in conjunction with the Flagship Digital Marketing Acceptable Use Policy annexed herein by reference (AUP), is intended to cover any and all services provided by Flagship Digital Marketing and received by the Customer. This Service Agreement and Annexed AUP together contain the entire understanding between Flagship Digital Marketing and the Customer with respect to the services (“Services”) described in the Order, superseding all prior agreements, understandings, negotiations, and discussions, whether oral or written, between Flagship Digital Marketing and the Customer. Customer acknowledges and agrees that its entire rights relating to Flagship Digital Marketing Services are as set forth in this agreement and hereby waives all other rights that it may have by implication of law or otherwise.
1. Services
Subject to the terms and conditions of this agreement, Flagship Digital Marketing agrees to provide the hosting services specified in the Order. Subject to Customer’s right to terminate this agreement in accordance with Section 4.3 of this agreement, Flagship Digital Marketing may expand or contract the scope of its services by issuing an amended order form to the Customer in advance of such change.
2. Initial Term
The initial term of this Agreement is stated in the Order (“Initial Term”). The initial term shall not commence until Flagship Digital Marketing accepts and confirms the completed order form from the Customer and until the first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term. Flagship Digital Marketing reserves the right to reject any order; in such cases, the collected money will be refunded/reversed.
3. Renewal Term
Unless terminated by Flagship Digital Marketing or in accordance with Section 4.3 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.
4. Fees and Payment
The Customer agrees to pay Flagship Digital Marketing, without limitation, for services provided. The customer is fully responsible for ensuring that all amounts due are paid on time, regardless of whether they receive any invoices or billing notifications from Flagship Digital Marketing. Customer accounts may be canceled with or without notice if they are not up to date.
Customer is responsible for keeping their contact and billing information up-to-date and accurate, including but not limited to a properly functioning and reachable email address and telephone number.
Invoices may be provided as a courtesy to Customer by any or none of the following: email or Flagship Digital Marketing Customer Service Center. Flagship Digital Marketing assumes no responsibility for invoices lost or not received. Dollar amounts and costs indicated for all Flagship Digital Marketing services are in US currency unless otherwise stated. Payment for all Flagship Digital Marketing services is billed and due a minimum of thirty (30) days in advance. Flagship Digital Marketing reserves the right to refuse acceptance of any form of payment or terms. Service and handling fees above and beyond those listed may apply at the discretion of Flagship Digital Marketing.
4.1 Overdue Accounts
Overdue accounts may, at Flagship Digital Marketing’s discretion, be subject to a late payment fee and a reminder 5 days past the due date, along with a 72-hour disconnection warning notice. Regardless of whether you receive a late payment reminder or a disconnection notice, all overdue accounts will be suspended/disconnected from the Internet 15 days after the payment due date. Disconnected accounts are terminated/canceled automatically forty-five (45) days after being overdue, unless payment is received in full or suitable arrangements are made with Flagship Digital Marketing. A minimum reconnection fee of $20 will be charged on all accounts reconnected after being suspended/disconnected. NOTE: If an account is terminated, there is NO possibility that it can be restored and its data recovered.
4.2 Other Charges
Customers will pay all sales and value-added taxes, duties, or levies imposed by any authority, government, government agency, or commission in connection with Flagship Digital Marketing’s web hosting and related services, as provided under this agreement. Customers are responsible for collecting such taxes, duties, or levies from end users as imposed by authority, government, government agency, or commission.
Flagship Digital Marketing reserves the right to charge the Customer standard hourly rates of $125/hour to cover the resolution of excessive or unusual problems or complaints.
4.3 Cancellation Policy
All hosting contracts, unless otherwise negotiated, are month-to-month. The Customer must cancel any month-to-month hosting contract via the Contact Form at https://flagshipdm.com/contact/. The form must be submitted at least 30 days prior to the requested cancellation date. There are no partial refunds or credits for cancellations after services have been provided. All payments to Flagship Digital Marketing for used services are final and non-refundable. Flagship Digital Marketing will refund payments for unused months of web hosting services. Payments for domain names are final and non-refundable. The cost of free domain names, provided as a complement to the annual hosting subscription, will be deducted from the refund payment for unused months if hosting services are canceled prior to the twelve (12) month duration. The customer will be billed the balance if a refund is lower than the cost of the domain registration.
4.4 Bandwidth Usage
Monthly bandwidth overages for the Budget Hosting package will be billed to the Customer at regular rates without further notice on a monthly basis. If bandwidth overages become excessive during any given billing period, Flagship Digital Marketing may, at its discretion, bill and collect for the overages without notice to Customer.
5. Acceptable Use Policy
Customers shall at all times comply with and help ensure that they and their clients comply with the terms and conditions of the current version of the Acceptable Use Policy (AUP) posted at https://flagshipdm.com/acceptable-use-policy. Customer agrees that Flagship Digital Marketing may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy at https://flagshipdm.com/acceptable-use-policy. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in its own Acceptable Use Policy when dealing with its clients. Violation of the terms set forth in Flagship Digital Marketing’s AUP will result in an immediate and indefinite suspension of Customer’s services solely at the discretion of Flagship Digital Marketing.
6. Technical Support
The Company provides the Customer with technical support for setting up the Customer’s account on one or more of the Company’s servers, access, and other server-related issues, free of charge, to the primary technical contact. The Company does not provide support for web applications, third-party software, scripts, or components from third parties or developed by Customer.
7. Ownership of Data
All data (a) created by Customer and/or (b) stored by Customer within Flagship’s applications and on Flagship‘s servers are Customer’s property and are for Customer’s exclusive use unless access to such data is permitted by Customer. Flagship shall allow authorized Company personnel access to such data and shall provide access in compliance with Flagship‘s Privacy Policy. Flagship makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers.
8. Support
Flagship will use reasonable efforts to attempt to correct any failure in Flagship’s systems that materially adversely affects the provision of Hosting Services to a Customer (“Flagship Support”). The availability of Flagship Support is subject to the following terms and conditions:
8.1 The Customer must notify Flagship of any claimed failure through Flagship’s support email address ([email protected]) or via the ticketing system. Flagship does not, and cannot respond to, instant messaging, emails to personal addresses, phone calls, or any other communications.
8.2 Flagship will respond to non-outage support requests within one business day. Flagship will respond to outage support requests (where the Hosting Service is completely unavailable) within 30 minutes. The response may be by email or telephone.
8.3 THE CUSTOMER ACKNOWLEDGES AND AGREES THAT (i) NOT ALL REQUESTS FOR FLAGSHIP SUPPORT CAN BE SUCCESSFULLY RESOLVED AND THAT SOME REQUESTS MAY REQUIRE SIGNIFICANT TIME TO RESOLVE, (ii) THIS FSP IS NOT AN AGREEMENT TO CORRECT DEFECTS OR OTHERWISE TO PROVIDE A POSITIVE OUTCOME IN RESPONSE TO A REQUEST AND (iii) FLAGSHIP MAKES NO REPRESENTATION, WARRANTY OR GUARANTY THAT IT WILL BE ABLE TO CORRECT DEFECTS OR OTHERWISE PROVIDE A POSITIVE OUTCOME IN RESPONSE TO A REQUEST.
8.4 FLAGSHIP WILL UNDER NO CIRCUMSTANCES ALTER, MODIFY, MAINTAIN, FIX, TROUBLESHOOT, OR OTHERWISE PERFORM DEVELOPMENT OF ANY KIND ON ANY CUSTOMER APPLICATION OR APPLICATION COMPONENT, INCLUDING BUT NOT LIMITED TO WORDPRESS, JOOMLA, OR ANOTHER CONTENT MANAGEMENT SYSTEM OTHER THAN DRUPAL. CUSTOMERS ARE FULLY AND COMPLETELY RESPONSIBLE FOR THE DEVELOPMENT AND MAINTENANCE OF THEIR APPLICATIONS, AND FLAGSHIP WILL NOT SUPPORT OR PROVIDE ADVICE ON APPLICATION CONFIGURATION, DEVELOPMENT, OR TROUBLESHOOTING. CUSTOMER UNDERSTANDS THAT MANY APPLICATIONS, APPLICATION COMPONENTS, AND APPLICATION CONFIGURATIONS ARE NOT COMPATIBLE WITH THE HOSTING SERVICES PROVIDED BY FLAGSHIP AND THAT FLAGSHIP MAKES NO WARRANTY OR GUARANTEE THAT ANY GIVEN APPLICATION WILL WORK OR CAN BE MADE TO WORK WITH THE HOSTING SERVICES PROVIDED BY FLAGSHIP. CUSTOMER UNDERSTANDS THAT THEY MAY HAVE TO CONFIGURE, DISABLE, OR FUNDAMENTALLY ALTER THEIR APPLICATION IN ORDER TO UTILIZE THE HOSTING SERVICES PROVIDED BY FLAGSHIP FULLY, AND THAT FLAGSHIP DOES NOT PROVIDE THESE SERVICES.
9. 99.9% Uptime Guarantee
Flagship Digital Marketing endeavors to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with Flagship Digital Marketing, we guarantee that our network is available 99.9% of the time per month, excluding scheduled maintenance. The network is defined as core network infrastructure, excluding the hardware, services, and software running on your server. Network downtime is measured from the moment the Customer notifies a Flagship Digital Marketing support representative of a network failure to the time the Network responds to an external “ping” request. Notification of network failure must occur at the time of the outage and not after the fact. If network downtime exceeds 0.1% in a given month, the Customer will be credited 5% of their monthly hosting fee, and an additional 5% for each additional 2 hours of downtime, up to a maximum of 50% of the Customer’s monthly hosting fee. Credits shall not be provided to the Customer if network downtime is the result of a) scheduled maintenance b) circumstances beyond Flagship Digital Marketing’s reasonable control, including, but not limited to DDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, power outages, failed hardware equipment, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement or Flagship Digital Marketing’s Acceptable Use Policy.
10. Temporary Service Suspension
The Customer agrees that Flagship Digital Marketing may temporarily suspend services for technical reasons or to maintain the Flagship Digital Marketing network, the Equipment, or any other facilities, at a time determined by Flagship Digital Marketing. Such suspension of the Services will not be an interruption of the Flagship Digital Marketing Services for the purpose of calculating network availability or the Customer’s entitlement to credit for network interruption.
11. Emergency Service Suspension
Flagship Digital Marketing may interrupt the Services at any time for any duration, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of Flagship Digital Marketing Services or its network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer’s entitlement to credit for network interruption.
12. Data Backups
Flagship Digital Marketing offers data backup services for your critical data files. We make every effort to ensure the reliability of this process. However, due to technical issues related to backups on live servers and the potential for data corruption during backup and restore, Flagship Digital Marketing cannot guarantee that all data can be fully restored. The Customer will hold Flagship Digital Marketing harmless from any penalty or liability for any claim resulting from a failed backup and restore procedure.
13. Compromised/Hacked Server
A compromised or “hacked” server is a serious threat to our network. Flagship Digital Marketing, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network. Flagship Digital Marketing may charge a reconnect fee of $20 for any server that has been disconnected due to compromise or other AUP violations.
Determination that a server has been compromised:
By the Client
If you believe your system has been hacked, please report the situation to Flagship Digital Marketing’s technical support immediately. Flagship Digital Marketing will examine your system and may implement additional monitoring as needed.
By Flagship Digital Marketing
If a Flagship Digital Marketing System Administrator believes a server on our network is compromised, Flagship Digital Marketing will:
- Disconnect the server from the network
- Contact the client
- Provide evidence of the server being “hacked.”
14. Proprietary Rights
The Customer shall not display or otherwise use any trademark, trade name, logo, symbols, coined word, or combination of words used by Flagship Digital Marketing or permit the same to be displayed or otherwise used in connection with any business conducted or controlled by the Customer except as may be specified or approved by Flagship Digital Marketing in writing.
15. Termination of Agreement
If Customer breaches any obligations under this agreement or the Acceptable Use Policy (AUP), Flagship Digital Marketing may terminate this agreement at any time, without prior notice.
15.1 Discretionary Suspension or Cancellation of Services
Flagship Digital Marketing reserves the right to refuse, suspend, or cancel services provided to Customer for any reason Flagship Digital Marketing deems necessary or warranted, including but not limited to abusive or belligerent behavior, excessive administrative issues, consistent delinquent or late payments. Flagship Digital Marketing reserves the right to exercise this right at any time without prior notice or further explanation to the Customer.
Flagship Digital Marketing is not responsible for any loss of data or downtime resulting from willful, accidental, or mistaken disconnection or cancellation of an account.
16. Limitation of Liability
Customer acknowledges and agrees neither Flagship Digital Marketing nor any of its members, shareholders, directors, officers, employees, or representatives will be liable for any special, indirect, consequential, punitive, or exemplary damages or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement. If, despite the foregoing limitations, Flagship Digital Marketing or any of its shareholders, directors, officers, employees, or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of Flagship Digital Marketing, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Flagship Digital Marketing for one month of service under this agreement.
17. Indemnity
Customer will indemnify and save harmless Flagship Digital Marketing and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Flagship Digital Marketing or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer’s negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
18. Governing Law
This agreement shall be interpreted in accordance with and be governed in all respects by the laws of North Carolina and the laws of the United States of America applicable therein. The courts of North Carolina shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this agreement or any alleged breach of this agreement. The parties each irrevocably submit to the jurisdiction of such courts.
19. Customer Acknowledgement
The customer acknowledges that it accepts all risks of any unauthorized or illegal use of the Flagship Digital Marketing network or any interconnected network by third parties. Flagship Digital Marketing provides no warranties, makes no representations, and accepts no liability for unauthorized or illegal access or interference with the Customer’s server/network.
20. Electronic Commerce
The Customer is solely responsible for all aspects of their online store or e-business. This includes, but is not limited to:
The accuracy of statements and materials related to your products and services.
The accurate calculation and application of shipping and sales tax.
Processing Customer orders, inquiries, and complaints.
Maintaining the confidentiality of Customer’s client credit card numbers and private information.
21. IP Address Ownership and Usage
Flagship Digital Marketing assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use Flagship Digital Marketing’s IP addresses not assigned to them, to move IPs between different servers or accounts, or in any manner not permitted by Flagship Digital Marketing. Flagship Digital Marketing maintains ownership of all IP addresses assigned to Customers and reserves the right to change or remove them at its sole discretion. Typically, however, these changes are rare and made only at the request of ARIN or an upstream provider. PLEASE NOTE: ARIN’s policies restrict the allocation of IP addresses. These policies dictate that name-based hosting MUST be used whenever possible. Flagship Digital Marketing reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.
22. Flagship Digital Marketing Administrative Account and Software
For the purposes of data center, network, server maintenance, inventory, and related activities, Flagship Digital Marketing staff and management retain the right to administrative access to any dedicated, Virtual Private, and shared servers on their network. To facilitate this, all Flagship Digital Marketing servers may include a Flagship Digital Marketing administrative account and a daemon designed for these purposes. Please refer to the Acceptable Use Policy (AUP) for more information.
23. FREE Domain Registration Credits
In the event you are provided with a free domain registration credit (“Credit”) with the annual purchase of the Flagship Digital Marketing package (“Purchased Package”), you acknowledge and agree that such Credit is only valid for one year and is only available with a valid purchase and may be terminated in the event the product purchases is deleted, canceled, transferred or not renewed. The Credit will expire one (1) year from the date of purchase of the Purchased Product if the Credit has not been renewed. If the annual purchased package is renewed after the initial free one-year period, the credit will be automatically removed, and the renewal cost will be applied to the current invoice until it is canceled. To cancel the automatic renewal of the product, please visit your account and disable the auto-renewal feature, or contact our customer service.