These Terms of Service (the "Agreement") are an agreement between Nath Network & Telecom Inc. ("HostFav" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostFav and of the HostFav.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
a.Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
b. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
a. By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
b. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. HostFav is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the HostFav Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
c. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
d. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
e. The Service and any data you provide to HostFav is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any 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. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall HostFav be held liable for any lost or missing data or files resulting from a transfer to or from HostFav. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "HostFav Content"), are the proprietary property of HostFav or HostFav's licensors. HostFav Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostFav Content. Any use of HostFav Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any HostFav Content. All rights to use HostFav Content that are not expressly granted in this Agreement are reserved by HostFav and HostFav's licensors.
a.You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to HostFav that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to HostFav a non-exclusive, royalty-free, worldwide right and license to:
(i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and
(ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, HostFav does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
b.HostFav exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HostFav's computers, network hubs and points of presence or the Internet. HostFav does not monitor User Content. However, you acknowledge and agree that HostFav may, but is not obligated to, immediately take any corrective action in HostFav's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that HostFav shall have no liability due to any corrective action that HostFav may take.
a. Third Party Providers
HostFav may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
HostFav does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostFav is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
b. HostFav as Reseller or Licensor
HostFav may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-HostFav Products"). HostFav shall not be responsible for any changes in the Services that cause any Non-HostFav Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-HostFav Products, either sold, licensed or provided by HostFav to you will not be deemed a breach of HostFav's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-HostFav Product are limited to those rights extended to you by the manufacturer of such Non-HostFav Product. You are entitled to use any Non-HostFav Product supplied by HostFav only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-HostFav Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-HostFav Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
c. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by HostFav ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, HostFav also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.
a. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
b. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. HostFav may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
c. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. HostFav may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
d. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by HostFav of an issue, we reserve the right to leave access to services disabled.
e. HostFav reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
a. You agree to cooperate fully with HostFav in connection with HostFav's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, HostFav is not responsible for any delays due to your failure to timely perform your obligations.
b. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by HostFav to provide the Services, which may be changed by HostFav from time to time in our sole discretion.
c. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. HostFav does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
a. Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
b. Autorenewal.
Unless otherwise provided, you agree that until and unless you notify HostFav of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
c. Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to HostFav's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
d. Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, HostFav may suspend or terminate your account and pursue the collection costs incurred by HostFav, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. HostFav will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated or VPS servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers.
Contact HostFav directly after you make a late payment to reactivate the dedicated or VPS server.
e. Domain Payments.
It is solely your responsibility to notify HostFav's Billing department via a support ticket created from http://support.HostFav.com after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and HostFav is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
f. Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. HostFav may report any such misuse or fraudulent use, as determined in HostFav's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
g. Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by HostFav. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
h. Payment Card Industry Security Standard Disclaimer.
HostFav complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. HostFav does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
a. Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
b. Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"),
you will, upon your written request to the HostFav Support Team (the "Refund Request") within sixty (60) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to HostFav for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the HostFav Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
c. Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
d. Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at HostFav's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
e. Cancellation Process.
You may terminate or cancel the Services by submitting a cancellation request from HostFav's customer portal. In such event:
(i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and
(ii) HostFav may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." HostFav will confirm your request and process your cancellation shortly thereafter.
If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at:
1-877-646-5161
We require all cancellations to be done through the online form in order to
(a) confirm your identity,
(b) confirm in writing that you are prepared for all of your files and emails to be removed, and
(c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
f. Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify HostFav's Billing department via a support ticket created from https://www.hostfav.com/cp/submitticket.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
g. Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostFav is not responsible for any change in exchange rates between the time of payment and the time of refund.
h. Termination
HostFav may terminate your access to the Services, in whole or in part, without notice in the event that:
(i) you fail to pay any fees due;
(ii) you violate this Agreement;
(iii) your conduct may harm HostFav or others or cause HostFav or others to incur liability, as determined by HostFav in our sole discretion; or
(iv) as otherwise specified in this Agreement.
In such event, HostFav shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, HostFav may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
a. Permitted CPU and Disk Usage.
All use of hosting space provided by HostFav is subject to the terms of this Agreement and the Acceptable Use Policy.
1. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. HostFav expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. HostFav may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of HostFav's terms and conditions.
2. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
b. Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
a. Resellers shall ensure that each of their clients complies with this Agreement.
b. Resellers are responsible for supporting their clients. HostFav does not provide support to clients of HostFav's resellers. If a reseller's client contacts HostFav, HostFav reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
c. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. HostFav will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
d. HostFav is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify HostFav from and against any and all claims made by any User arising from the reseller's acts or omissions.
e. HostFav reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by HostFav.
f. Resellers in the HostFav Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
HostFav reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. HostFav reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. HostFav will not be liable for any loss of data resulting from such deletion.
HostFav reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by HostFav through the user billing tool or through other methods of communication, including notices sent or posted by HostFav.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
You agree to indemnify, defend and hold harmless HostFav, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by HostFav and will be held at the AAA location chosen by HostFav in New York. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HostFav will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and HostFav alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against HostFav in violation of this paragraph, you agree to pay HostFav's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
HostFav and User are independent contractors and nothing contained in this Agreement places HostFav and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
HostFav shall not be responsible for any damages your business may suffer. HostFav makes no warranties of any kind, expressed or implied for the Services. HostFav disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by HostFav or our employees.
Your use of the Services is at your sole risk. HostFav's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at HostFav's sole discretion. HostFav does not maintain backups of dedicated accounts. HostFav is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HostFav's servers. Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HOSTFAV AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. HOSTFAV AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTFAV AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
HostFav may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
a. HostFav may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the HostFav website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
b. HostFav reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without HostFav's prior express written consent
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
IN NO EVENT WILL HostFav ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HostFav IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HostFav'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HostFav FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Nath Network & Telecom Inc., as well as its subsidiaries and sister companies (“HostFav”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by HostFav. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional HostFav service(s) or products or to cancel Your HostFav service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. HostFav’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.
1. Sharing of Information.
As a condition of purchasing and using hosting plans, You acknowledge and agree that HostFav may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and to participate in polls and surveys; and (b) Information HostFav gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because HostFav derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does HostFav divulge any information about an individual user to a third party. Further information regarding the nature of information shared by HostFav can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed viaWhois.
2. User Obligations.
You represent and warrant to HostFav that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by HostFav shall not be used in connection with any illegal activity.
You expressly (i) grant to HostFav a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by HostFav under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
3.Network Interruptions.
HostFav will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge 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 HostFav be liable to You for any damages resulting from or related to any failure or delay of HostFav in providing access to the Internet under this Agreement. In no event shall HostFav be liable to You 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 HostFav 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 the termination of this Agreement.
4. Accounts.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are 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 HostFav account may not be transferred without prior written approval from HostFav.
5. IP Address.
HostFav assigns to You an Internet Protocol ("IP") address in connection with Your use of the HostFav services. The right to use that IP address will remain with and belong only to HostFav, and You will have no right to use that IP address except as allowed by HostFav in its sole and absolute discretion.
6. Payment Terms:
You may receive a full refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
HostFav may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 30 days after Your hosting account's billing date for shared hosting accounts and within 7 days for VPS and dedicated servers HostFav reserves the right to terminate Your services for non-payment.
If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous services and or support.
Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of HostFav, We will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, HostFav will attempt to recover the data from the most recent archive for a $15.00.
To request SSH access You need to contact technical support. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
8. Prohibited Activities.
By using any Services, provided by HostFav You agree:
not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to HostFav website, servers, your own hosting account or the account of any other customers of HostFav.
not to allow any remote code execution of malicious software through the hosting account provided by HostFav.
not to cause denial of service attacks, port scans or other endangering and invasive procedures against HostFav servers and facilities or the servers and facilities of other network hosts or Internet users.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use HostFav services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), Bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to engage in or to instigate actions that cause harm to HostFav or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. HostFav reserves the right to refuse service to anyone upon Our discretion. Any material that in HostFav judgment, is either obscene or threatening is strictly prohibited and will be removed from HostFav servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, HostFav will take corrective action upon our own discretion and will notify You. HostFav decision in such case is binding and final, and cannot be a subject of a further change. HostFav cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to HostFav or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. HostFav will not be liable for any loss or damages in such cases.
not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to HostFav. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. HostFav prohibits the following activities listed without limitation hereunder:
Usage of the HostFav network and systems to receive replies to unsolicited mass e-mail messages.
Forgery of e-mail headers (i.e. "spoofing").
Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
Hosting any web pages or providing any services that support spam.
Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.
Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server. Any shared or reseller account may use no more than:
20 processes
1Gb memory
20% of CPU time
We may allow any shared / reseller account to burst up to
4Gb memory
100% CPU time
The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with HostFav and shall be made in its reasonable discretion. Any shared account with Ultimate package may use no more than:
30 processes
2GB memory
40% of CPU time
We may allow any Ultimate package user to burst up to
6GB memory
200% CPU time
The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with HostFav and shall be made in its reasonable discretion. Any Business hosting account may use no more than:
40 processes
2GB memory
60% of CPU time
We may allow a business account to burst up to:
8GB memory
400% CPU time
The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with HostFav and shall be made in its reasonable discretion. For all account packages:
No script may use 25% or more of system resources for 60 seconds or longer;
Running stand-alone, unattached server side processes/daemons is strictly prohibited
Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
Running any bit-torrent / P2P application is strictly prohibited
Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
Running of public file exchange services is strictly prohibited
HostFav staff may use the following tools at our discretion to identify use of system resources:
Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc
MySQL/PostgreSQL stats reporting features
cPanel report
Resource usage alerts from CSF/LFD server security system
Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files. The number of inodes employed by one shared hosting account must not exceed 300,000. The number of inodes employed by one Business hosting account must not exceed 600,000. The number of inodes employed by one Reseller hosting account must not exceed 900,000. At the same time, the number of inodes employed by one resold account must not exceed 300,000. Downloadable files, media, databases must comply with the following limitations:
NO more than 5 GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
NO more than 5 GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
NO more than 5 GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
NO more than 5 GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.
Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Under its sole discretion, HostFav reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with HostFav and shall be made in its reasonable discretion.
Backup Limitations: Any shared hosting account that uses more than 25GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 25GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account.
Use of Email Services: You should use email and other related services in full compliance with the terms below:
The following limits apply to Shared and Reseller Hosting accounts in order to safeguard overall server performance:
a. You may send and/or forward up to:
200 emails per hour per domain on Shared and Reseller Servers;
500 emails per hour per domain on Shared Premium Servers;
1000 emails per hour per domain on Shared Business Servers.
b. Email storage (i) is capped at 10 000 emails (aggregated across all mailboxes within Your account); and (ii) shall not exceed the following overall limits:
2GB per Shared Hosting account;
5GB per Business SSD package; and
c. For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
Upgrade to VPS:
Each Virtual hosting account can be upgraded to a VPS (Virtual Private Server). The upgrade is performed by HostFav after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non-refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the paragraph 11 of this Agreement accordingly.
IPv4 Address Usage Policy:
Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.
Shared hosting accounts may each use only 1 IP address.
Reseller hosting accounts may use up to 4 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification.
The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.
11. Additional Acceptable Use Policy for VPS accounts:
Use of Traffic (Bandwidth):
Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at $10.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month your account will be suspended until the beginning of the next month.
VPS servers must NOT abuse the bandwdith allocated to them, HostFav will be the sole arbiter as to what constitutes a violation of this provision, However as a general rule anyone using more then 50Mbps on a consistant basis may be suspended or have there connection limited to 10Mbps without warning.
CPU Use:
You can not burst 100%+ of the CPU resource allocated to you for more then 5 minutes.
You can not use more then 90% of the CPU resource for over 5 hour.
If you got dedicated CPU with your VPS, then you can use the CPU resource 100% 24/7
Disruptive load may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved. Suspensions for resource abuse are not refundable.
Network:
If you become targeted with frequent and/or disruptive attacks your services with us may be suspended and/or terminated. In addition, we do not allow port scanning or UDP floods to be sent from our network. Accounts sending floods, port scanning, and/or creating artificial traffic will be suspended and/or terminated. If your VPS is found to be degrading the connection speed of other VPSs, you will be notified via ticket and asked to reduce your usage.
Disc Space Use:
You are not allowed to constantly use disk IO on VPS / Shared Environment. Your are not allowed to use more then 30MB/S over 5minutes , use over 10MB/s over 1hours.
Additional Services:
The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case HostFav will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
You can order Additional RAM as extra features to Your VPS account(s). HostFav will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, HostFav will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on HostFav servers; and (iv) ensure the confidentiality of Your password. HostFav's servers are not an archive and HostFav shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by HostFav are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. HostFav shall have no liability to You or any other person for Your use of HostFav products and/or services in violation of these terms.
13. Transfer of Content.
In the event You terminate this Agreement or Your use of HostFav products and/or services, then moving Your server content off of the HostFav servers is Your responsibility. HostFav will not transfer or FTP Your server content to another provider. In the event Your use of HostFav products and/or services is terminated, HostFav will not transfer or manage Your services or Your content.
14. Third-Party Software.
HostFav provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. HostFav does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by HostFav. Your use of any third party software is at Your own risk. HostFav cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. HostFav will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
15. HostFav Reservation of Rights.
HostFav explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by HostFav; (ii) establish limits and guidelines concerning the use of HostFav services and/or products; (iii) terminate Your use of HostFav services and/or products for use of HostFav services and/or products to unnecessarily or illegally harass HostFav or third parties, non-payment of fees for HostFav services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of HostFav, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostFav determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of HostFav services and/or products if Your use of HostFav services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against HostFav or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of HostFav services and/or products at any time and for any reason if deemed reasonably necessary by HostFav. HostFav has no obligation to monitor Your use of HostFav services and/or products, but reserves the right in its sole discretion to do so.
Right of Refusal. HostFav has the right to refuse services to anyone at Our discretion.
16. Limitation of Liability; Waiver and Release.
The services offered by HostFav are being provided on an "AS IS" and HostFav expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, HostFav expressly does not warrant that HostFav services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from HostFav shall create any warranty not expressly made herein. You agree that HostFav will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of HostFav; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. HostFav has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that HostFav has no obligation to back-up any data related to your website unless HostFav expressly agrees otherwise in writing or has expressly stated so on the website.
17. Indemnification.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge HostFav and all affiliates of HostFav, and all officers, agents, employees, and representatives of HostFav, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the HostFav products and/or services by HostFav and its agents and employees. Further, You agree to defend, indemnify and hold harmless HostFav and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by HostFav’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to HostFav, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed HostFav website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should HostFav be notified of a pending law suit, or receive notice of the filing of a law suit, HostFav may seek a written confirmation from You concerning Your obligation to defend, indemnify HostFav. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that HostFav shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify HostFav of any such claim promptly in writing and to allow HostFav to control the proceedings. You agree to cooperate fully with HostFav during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
18. Trademark or Copyright Claims.
HostFav is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent HostFav receives a proper notice of infringement of copyright, trademark or other intellectual property, HostFav reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if HostFav believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. HostFav expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. HostFav also reserve the right to terminate an account or subscriber for even one instance of infringement. Proper notice of infringement shall include the following information in writing to HostFav’s designated agent:
the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
identification of the work that has been infringed;
an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit HostFav to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit HostFav to locate that reference or link;
Your name, address, telephone number, and email address;
a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
Notice of infringement must be sent to HostFav’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, HostFav, 11400 W. Olympic Blvd., Suite 200, Los Angeles, CA 90064; facsimile: (310)-312-9513.
HostFav expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by HostFav in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by HostFav in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of HostFav, its officers, directors, employees and agents, as well as HostFav’s affiliates.
In the event that HostFav need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
20. Governing Law and Jurisdiction for Disputes.
Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of New York, or if there is no jurisdiction in such court, then in a state court in Queens County, State of New York.
21. Notices.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.
22. Legal Age:
You attest that you are of legal age (18 or over) to enter into this Agreement.
23. Final Agreement.
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for HostFav’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
24. No Agency Relationship.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
25. Enforceability.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
26. Assignment and Resale.
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without HostFav's prior express written consent.
27. Force Majeure.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over HostFav, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, HostFav may immediately terminate this Agreement.
28. Headings.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
Protecting your private information is our priority. This Statement of Privacy applies to the Hostfav’s website and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Hostfav. The Hostfav website is a Business/Ecommerce site. By using the Hostfav website, you consent to the data practices described in this statement.
Collection of your Personal Information
Hostfav may collect personally identifiable information, such as your name. If you purchase Hostfav's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Hostfav may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Hostfav. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Hostfav website.
Hostfav encourages you to review the privacy statements of websites you choose to link to from Hostfav so that you can understand how those websites collect, use and share your information. Hostfav is not responsible for the privacy statements or other content on websites outside of the Hostfav website.
Use of your Personal Information
Hostfav collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Hostfav may also use your personally identifiable information to inform you of other products or services available from Hostfav and its affiliates. Hostfav may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Hostfav does not sell, rent or lease its customer lists to third parties.
Hostfav may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Hostfav may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Hostfav, and they are required to maintain the confidentiality of your information.
Hostfav may keep track of the websites and pages our users visit within Hostfav; in order to determine what Hostfav services are the most popular. This data is used to deliver customized content and advertising within Hostfav to customers whose behavior indicates that they are interested in a particular subject area.
Hostfav will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Hostfav or the site; (b) protect and defend the rights or property of Hostfav; and, (c) act under exigent circumstances to protect the personal safety of users of Hostfav, or the public.
Use of Cookies
The Hostfav website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Hostfav pages, or register with Hostfav site or services, a cookie helps Hostfav to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Hostfav website, the information you previously provided can be retrieved, so you can easily use the Hostfav features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Hostfav services or websites you visit.
Security of your Personal Information
Hostfav secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
Hostfav does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Hostfav by contacting us here:
Web page: https://hostfav.com/support
Email: support@hostfav.com
Phone: 1(877) 646-5161
Hostfav will occasionally update this Statement of Privacy to reflect company and customer feedback. Hostfav encourages you to periodically review this Statement to be informed of how Hostfav is protecting your information.
Contact Information
Hostfav welcomes your questions or comments regarding this Statement of Privacy. If you believe that Hostfav has not adhered to this Statement, please contact Hostfav at:
Hostfav
Long Island City,
Astoria, NY 11102, USA
Email Address: support@hostfav.com
Telephone number: 1(877) 646-5161
Effective as of October 01, 2016
HostFav takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This DMCA Policy ("DMCA") describes the information that should be
present in these notices and is incorporated by reference into HostFav's Terms and Conditions. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing
the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this DMCA Policy have the meanings provided in the Terms of Service.
To file a notice of alleged infringement with us, you must provide a written notice that includes your full contact information and sets forth the items specified below. The full text of the DMCA
(Digital Millennium Copyright Act) can be found at the following URL: www.copyright.gov.
The name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
Identification of the copyrighted work(s);
Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your signature
Please email signed copy to hostingsupport@hostfav.com
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
HostFav may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the Customer and/or administrator of the affected site or content.
HostFav may document notices of alleged infringement it receives and/or on which we action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
Upon receipt of notice from HostFav that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Customer may provide a counter notice.
To be effective, a counter-notice must include ALL of the following information
A physical or electronic signature of the Customer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The Customer’s name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer is located, or if the Customer’s address is outside of the United States, the jurisdiction of the U.S. District Court for the District of Massachusetts, and that the Customer will accept service of process from the complainant or the complainant’s agent.
Upon receiving a proper counter-notice, HostFav will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and HostFav is informed of such proceedings.
This Service Level Agreement (SLA) covers our VPS Cloud Hosting and Managed Dedicated Servers.
This SLA clearly defines our responsibility as your provider and how service credit is provided should those responsibilities fail to be met. We take uptime extremely seriously and in trusting HostFav with your web requirements we strive to ensure you will never need to worry about your server.
HostFav guarantees 100% uptime for your server, this guarantee covers 3 key areas in the event of unscheduled service downtime.
Our network has been carefully engineered from the ground up to provide diverse N+1 redundancy at every point. Only premium bandwidth providers are used, as well as top of the range networking hardware. We guarantee 100% uptime on our network, which is defined as the connection from the network card on your server to the outbound port of the datacenter. Guarantee: We guarantee 100% network uptime. In the event of a network outage we will apply a 5% credit of the monthly service fee for every 30 minutes of downtime.
HostFav has fully redundant Uninterruptible Power Supply (UPS) systems as well as backup generators during utility power outages. Environment temperature is monitored and maintained by multiple air conditioning systems (full N+1 redundancy). Guarantee: We guarantee 100% infrastructure uptime. In the event of an infrastructure outage we will apply a 5% credit of the monthly service fee for every 30 minutes of downtime.
HostFav guarantees the functionality of all server hardware components and will replace any failed component at no cost to the client. Hardware is defined as the Processor(s), RAM, Hard Disk(s), Motherboard, NIC card, and other hardware component within a physical server. Guarantee: Hardware replacement will begin immediately upon identification of the hardware fault and is guaranteed to be complete within 2 hours of identification. We will apply a 5% credit of the monthly service fee for every 1 hour of additional time taken to replace failed hardware components.
SLA credit will not apply if the customer is in breach of any part of our terms of service, or we suspend the service or any part of it in accordance with those terms, e.g. suspension of service due to overdue invoices or abuse complaints.
HostFav can only be responsible for its network and not for general conditions on the Internet. Delays that occur outside HostFav's routers caused by ISP failures, congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service cannot be guaranteed by HostFav.
The time required to replace hardware does not include software re-installation and/or data recovery from backups (this recovery time frame depends entirely on the size of disk and amount of data involved).
SLA credit will not apply if the failure is due to a Force Majeure event; or the failure is due to a scheduled Service outage; or if the fault is not reported to us via the helpdesk with corresponding acknowledgement and ticket ID.
The maximum SLA credit that a customer can receive in any calendar month is an amount equal to 100% of the monthly service fee.
Service Level Agreement claims are given in the form of credit to your account; this credit can then be offset against future service invoices or purchases. For the avoidance of doubt, the credit cannot be applied to any invoice already levied at the time we apply the credit to your account, and cannot be refunded as cash to a credit card, bank account or payment provider.
To receive an SLA credit please open a request via our helpdesk within 10 days of the outage. Please include a related ticket ID where you reported the fault to us, dates and times of unavailability, and any other information. Once a request has been verified we will credit your account within 30 days on your next invoice. Please ensure you have read and agreed to our Terms of Service which complement this SLA.