Familiar Hosting ltd - Terms of Service

This Web Hosting Agreement is between Familiar Hosting and the person/persons who use our website hosting, domain and affiliate services. The use of services from Familiar Hosting constitutes agreement to these terms. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. The account is typically set up within 24 hours of payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Content

You may not publish or transmit via FamiliarHosting's service any content that FamiliarHosting reasonably believes:

a) constitutes child pornography;
b) constitutes pornography;
c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
e) is defamatory or violates a person's privacy;
f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
g) improperly exposes trade secrets or other confidential or proprietary information of another person;
h) is intended to assist others in defeating technical copyright protections;
i) clearly infringes on another person's trade or service mark, patent, or other property right;
j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to FamiliarHosting;
l) is otherwise malicious, fraudulent, or may result in retaliation against FamiliarHosting by offended viewers;

FamiliarHosting does not accept material such as:

a) Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
b )Content "published or transmitted" via FamiliarHosting's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by FamiliarHosting.
* FamiliarHosting can terminate service for any of the above reasons and it's at FamiliarHosting sole discretion to issue a refund

Bulk Commercial Email

Bulk commercial email or any form of mailing lists are not allowed on FamiliarHosting's servers. For any emails sent from your FamiliarHosting account you must adhere to the following rules:

a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
c) You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail;
d) You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your FamiliarHosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your FamiliarHosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your FamiliarHosting's services.

Payments

FamiliarHosting agrees to provide the services stated for the price agreed at any given time. There are no hidden charges. The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on familiarhosting.com, and the right to increase the amount of resources given to plans at any time.

You agree to supply appropriate payment for the services received from FamiliarHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify FamiliarHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies FamiliarHosting of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended. Cancellations must be done in writing via the contact us form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of FamiliarHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. FamiliarHosting provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. Invoices are emailed three days before the actual renew date in your account. If you choose to use Paypal as your billing method you will need to manually pay your invoice every month, if you chose using a credit card you will not have to worry about manual payments.

Cancellation and Early Termination

FamiliarHosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via a Contact Us form. FamiliarHosting gives you an unconditional 15 day money back guarantee. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

• Bank Wire Transfers
• Western Union Payments
• Checks
• Money orders

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Acceptable Usage Policy (AUP)

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that FamiliarHosting hold the right to change their AUP from time to time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of our notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with FamiliarHosting reasonable investigation of any suspected violation of the AUP. In the event of a dispute between FamiliarHosting and Customer regarding the interpretation of the AUP, FamiliarHosting commercially reasonable interpretation of the AUP shall govern. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and FamiliarHosting regarding the interpretation of this AUP, FamiliarHosting's interpretation, in its reasonable commercial judgment, shall govern.

Suspension of Services/Termination

Customer agrees that FamiliarHosting may suspend services to Customer without notice and without liability if: (i) FamiliarHosting reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) FamiliarHosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if FamiliarHosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by FamiliarHosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from FamiliarHosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Resource Usage

User may not: a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Inodes

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money Back Guarantee

Each of FamiliarHosting hosting plans carries a 15 day unconditional money back guarantee on them. You need to open a support ticket if you would like to get a refund during the first 15 days of account opening. The cancellation email should include: main account domain, username, password and the reason for the cancellation. If you do not supply this information, your account would not be cancelled and you would not get a refund. Also, money back guarantee is only offered to our first-time customers. If you had an account with us before, then cancelled and registered again, you are not qualified for the refund.

Accounts that are cancelled under our 15 day money back guarantee are subject to a full refund for the hosting account only. Any additional services/fees , such as new domain name registration fee, domain name transfer fee, private IP fee, and SSL certificate fee will not be refunded back. The refund for your hosting account will be equal to the price you paid. For example, if you used a 30% coupon code when making the purchase and thus the price you paid was 30% of the normal price of the hosting plan then this amount will be refunded back to you (excluding any additional services see above). We process refunds within 5 business days following your request sent to us via a support ticket and providing the complete information.

Uptime Guarantee

If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of FamiliarHosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. All requests for credit must be made in writing via email.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold FamiliarHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against FamiliarHosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FamiliarHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with FamiliarHosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from FamiliarHosting's server.

Request For Restore of Hosting Package

During any service term, customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a $5 one time fee will be enforced.

Changes to FamiliarHosting's Network

Upgrades and other changes in FamiliarHosting 's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. FamiliarHosting reserves the right to change its network in its commercially reasonable discretion, and FamiliarHosting shall not be liable for any resulting harm to Customer.

Force Majored

FamiliarHosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond FamiliarHosting 's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Disclaimer

FamiliarHosting shall not be responsible for any damages your business may suffer. FamiliarHosting makes no warranties of any kind, expressed or implied for services we provide. FamiliarHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by FamiliarHosting and its employees.

Affiliates

This Agreement contains the complete terms and conditions that apply to your participation as a member of the FamiliarHosting.com Affiliate Program.

1. Enrollment in this Program

To begin the enrolment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").

2. Utilizing Links on Your Site

As an affiliate website of Familiar Hosting, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and you’re forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Familiar Hosting's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Familiar Hosting. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

3. Commissions

We will pay you a commission rate of $40 for each new client (signing up to any of our hosting plans) referred through the unique affiliate link.

Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by Familiar Hosting Staff. To inquire on whether your incentive is acceptable, please e-mail support [@] FamiliarHosting.com [dot] com

The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.

If you are referring clients to Familiar Hosting from a free hosting service that you run, you are not eligible for commissions unless given express permission by Familiar Hosting. You must contact our affiliate department for review and a special commission rate.

4. Commission Payment

Commissions deemed due and owed to you under the program will be paid to you directly by FamiliarHosting.com after any holding period and in accordance with a regular payout cycle established by Familiar Hosting. No commission will be paid for signups by you or anyone within your organization. Familiar Hosting reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a Familiar Hosting server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link.

5. Responsibility for Your Site

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws (copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:

- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Familiar Hosting or state law;

- Provide inaccurate or incomplete information to Familiar Hosting concerning your identity, address or other required information;

- Attempt to cheat, defraud or mislead us in any way;

- Misrepresent to the public the terms and conditions of our sites or your sites;

- Engage in popup advertisement network activities;

- IFrames may only be used on pages or sites in which the other content represented on the site is related to Familiar Hosting

You are free to bid on PPC networks for keywords related to Familiar Hosting with the intent to direct traffic to Familiar Hosting. However, the following terms are not allowed:
• "FamiliarHosting"
• "FamiliarHosting.com"
• "www.FamiliarHosting.com"
• "familiar hosting"

However, you may bid on a phrase that includes any of the above terms, eg. "FamiliarHosting review", "FamiliarHosting.com hosting", etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.FamiliarHosting.com" or "FamiliarHosting.com".

The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the Familiar Hosting brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as Familiar Hosting or presenting themselves in a way that could be confused with Familiar Hosting.

6. Term of the Agreements

The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

7. Modification.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

8. Relationship of Parties

You and Familiar Hosting are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Familiar Hosting and Familiar Hosting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

9. Limitation of Liability

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

10. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11. Representations and Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Familiar Hosting with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

12. Confidentiality

We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Familiar Hosting, customer and vendor lists relating to Familiar Hosting and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

13. Indemnification

You hereby agree to indemnify, defend and hold harmless Familiar Hosting, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

14. Binding Arbitration

By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against FamiliarHosting.com ltd or its subsidiaries in conjunction with this program. An arbitration firm selected by FamiliarHosting.com ltd will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.

---