Facternet Terms and Conditions of Service

Facternet Terms and Conditions of Service

Facternet is a fair hosting company, we do not use automatically renewal systems without your consent and you are always in full control of your account and billing. We do not imposed hard limits and believe with working with our customers to ensure a great experience for all concerned. We are, however, required to include a set of Terms and Conditions to ensure that both Facternet and yourself are fully protected.

Please note, the following terms apply to Facernet's Hosting Services only. Other Terms apply for any bespoke services such as Website Services.

You indicate acceptance of these terms and conditions of service by placing an order with us or using any Facternet Hosting Services. These terms and conditions will not be varied for individual customers.

Definitions in this agreement.

In this Agreement the following words and expressions shall have the following meanings:

Facternet is the service provider, Facternet.com, Facternet Internet or Facternet. The site and all associated services.

• "Downtime" means any service interruption in the availability to visitors of the Website.
• "Intellectual property rights" means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country.
• "We" is the company running the site you are visiting. It also covers our service providers and affiliates.
• "IP address" stands for internet protocol address which is the numeric address for the server.
• "ISP" stands for internet service provider.
• "Server" means the computer server equipment operated by ourselves in connection with the provision of the Services.
• "The Services" means web hosting, domain name registration, email and any other services or facilities provided by ourselves and the network provider.
  
• "Spam" means sending unsolicited and/or bulk emails.
• "Virus" means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as "worms" or "trojan horses".
• "Visitor" means a third party who has accessed the Website.

Product specifications and details may be found at on our homepage at http://www.facternet.com/

Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

Introduction.

The Customer wishes to provide us with data that will be hosted on our servers and made accessible via the Internet, or to allow us to create data that will be hosted.

We provide web hosting services and has agreed to host the Customer's data upon the following terms and conditions.

Duties.

We shall provide to the Customer the Services specified in their order subject to the following terms and conditions.

The Customer shall deliver to us the website and the software used in the website which is owned by the Customer, or licensed to them by a third party or us ("the Customer Software), in a format specified by ourselves.

Charges, Payments, Refunds and Money-Back Guarantee.

Payment methods include Credit and Debit Cards and Paypal Payments. Facternet does not accept bank transfers, or cheque's for hosting based services.

We provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket via the Hosting Control Panel within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once. Any money-back guarantee is minus the cost of free products, such as domain names which will be charged at the rate specified at https://facternet.com/.

Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.

Refunds are not issued for any Add-On services such as SSL Certificates, even should they be declined by the issuing authority or yourself.

All domain registrations are final, no refunds are provided for domains.

IP Addresses.

We shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.

Where we change or remove any IP address we shall use reasonable endeavours to avoid any disruption to the Customer.

Service Levels and Data Backups.

We shall use reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, we no warranties or representations that the Service will be uninterrupted or error-free and we shall not, in any event, be liable for interruptions of Service or downtime of the server.

We carry out data backups for use by ourselves in the event of systems failure. We do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly we accept no responsibility for data loss or corruption.

Acceptable Use Policy.

The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

• Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services.
• Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities.
• Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website.
• Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others.
• Engage in illegal or unlawful activities through the Services or via the Website.
• Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data.
• Obtain or attempt to obtain access, through whatever means, to areas of our network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
• Operate or attempt to operate IRC bots or other permanent server processes.

The Customer has full responsibility for the content of the Website. For the avoidance of doubt, we are not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

If the Customer fails to comply with the Acceptable Use Policy we shall be entitled to withdraw the Services and terminate the Customer's account without notice.

Facternet reserves the right to terminate or restrict access to services without providing reason.

Alterations and Updates.

All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform ourselves and the password will be changed.

Warranties.

The Customer warrants and represents to us that our use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to ourselves.

All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, we shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.

Indemnify.

The Customer agrees to indemnify and hold us, our employees, our service providers and our agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ourselves arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.

Limitation of Liability.

The entire liability of ourselves to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

In no event shall we be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or we had been made aware of the possibility of the Customer incurring such a loss.

Term and Termination.

This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.

Customers can terminate their contract by raising a support ticket with our Customer Services Team who will guide you though the cancellation process. If you opt not to pay for your Facternet Service it will be cancelled within 30 days from the date the payment was due and access to Facternet's Customer Portal will be suspended.

We shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.

Either party may terminate this Agreement forthwith by notice in writing to the other if:

• The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so.
  
• The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
• The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect.
• The other party ceases to carry on its business or substantially the whole of its business.
• The other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.

On termination all data held in the customers account will be deleted.

Assignment.

We may assign or otherwise transfer this Agreement at any time.

The Customer may not assign or otherwise transfer this Agreement or any part of it without our prior written consent.

Force Majeure.

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Severance.

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Notices.

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.

Entire Agreement.

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

Governing Law and Jurisdiction.

This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Domain Name Registration.

Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it we will provide a full refund for that domain name, this will be the full limit of our liability.

We will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.

Scripting.

We are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.

Privacy.

To protect your privacy we will not distribute your details to third parties, unless required to do so by law.

Data Transfer.

All hosted files on a hosting package should be a part of the website.

Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.

Server Usage.

Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements. In addition, MySQL databases are limited to 100MB in size.

The Newsletter.

We communicate with our customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.

Webspace Usage.

Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.

Free Domain Name Offers.

Free domain names will not be issued until payment for the hosting account has been received, therefore domains cannot be issued while an account is on a 14-Day trial. If you accept a free domain name and cancel your account within 30 days under the money back guarantee, the refund you are entitled to will be minus the cost of the domain name. You are free, however, to transfer the domain name to an Hosting Provider of your choice upon cancellation. Domain Names are renewed on the day the account is renewed, when payment is received. Therefore, it is essential that, should you wish to keep your domain, you send renewal payment at least 5 working days before the account is due to expire, as we cannot be held responsible for any lost domains. The Whois is an indication to domain name availability only, and registration is not a guarantee. The domain can still be registered by other internet users until it is fully associated with your account. If a domain name is not available, we will offer you an alternative of your choice.

Deactivated Accounts.

When a web hosting account is deactivated, you agree that after 50 days this account may be deleted from the system without notice. Accounts deactivated for TOS violation will not be entitled to a refund. We reserve the right to remove / deactivate accounts that do not have a valid domain name associated with them, for example a domain with NameServers not pointing to our service. Users cannot use the Temporary URL as their website address.

Service Cancellation.

You can cancel your Facternet Service at any time, however a refund will only be provided within the first 30 days of service. Facternet will set the cancellation for your service to the end of your current billing period, unless you request immediate cancellation. Pro-Rata refunds are not available with any Facternet Service.

Support Service.

Facternet Support can be accessed via the ticketing system within your account 24 hours a day 7 days a week. Please allow up to 24 hours for a response during busy periods / out of hour responses. Facternet Support is limited to providing support for the services we offer. We will not provide coding support or computer configuration support.