| Terms of Service |
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Fame Hosting's primary objective is to value and support our client's wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our client's.
In pursuit of our primary objective, Fame Hosting agrees to deliver the agreed upon services, as declared in the "New Account" confirmation, to our client's at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of Fame Hosting's service(s) by a client constitutes an unconditional acceptance of and agreement to Fame Hosting's TOS. Fame Hosting reserves the right to change or modify the TOS at any time without notice.
| I. |
30-Day Money Back Guarantee |
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Fame Hosting proudly offers its client's a "30-Day Money Back Guarantee." This guarantee allows client to purchase Fame Hosting's services with full confidence and zero-risk. Consequently, client may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and domain registration costs. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if client is not satisfied with Fame Hosting's services. If the 30-day service of the subscription has been exceeded, client is not eligible for this guarantee. A request for this guarantee must be submitted via Fame Hosting's "Contact Us" form located at this URL:http://www.famehosting.com/guarantee.
If requesting a refund, we ask that client briefly explains the reasons for doing so, as well as any suggestions on how Fame Hosting could improve service.
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| II. |
Price-Freeze Guarantee |
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Fame Hosting proudly offers its client's a "Price-Freeze Guarantee." This guarantee allows client to use Fame Hosting's services with full confidence and zero-risk. Fame Hosting guarantees that it will never increase monthly fees for existing client's of any service plans. This guarantee is effective upon the start of a subscription. Immediately after the order-process is completed, a price-lock will be established on the subscription and the price cannot increase for the existing subscription with the existing service plan.
Client's are made aware that Fame Hosting may proactively change the specified rates and charges from time to time, with any new rate or changed pricing be exclusively effective for new client's or service plan changes. Client's are made aware that rates and offers can change upon service plan modification or new account subscription and may or may not be available for purchase at any time in the future. However, existing client's will establish a price-lock for their service plan upon sign-up and will not be affected by changed pricing or offers.
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| III. |
99.99% Server Uptime Guarantee |
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Fame Hosting guarantees that your website will be up and running at least 99.99% of the time during any 12-month period. This guarantee includes, server uptime, web server and service uptime. It does not cover any areas where Fame Hosting has no direct influence, such as backbone provider failures, network uptime, fibre-optic main line cuts, DNS or Registrar issues with client's domain name, routing issues between client location and Fame Hosting's data center, DLLSTX4, The Planet, Texas, USA. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Fame Hosting cannot directly influence. |
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| IV. |
Prohibition of Adult Content |
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Client's of Fame Hosting's services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content. |
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| V. |
"Fair-Use" Resource Assignment |
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Fame Hosting offers a great amount of disk space and unlimited other resources, such as email or FTP accounts, with certain plans. The intention of Fame Hosting is to provide a large amount of space and resources for our client's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among client's has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Fame Hosting. If a "Fair-Use" breach occurs, Fame Hosting may have to remove files from the client's account in order to restore full serviceability to other client's affected by the breach. In any case, the client will be notified of any actions that Fame Hosting may have to take. |
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| VI. |
SPAM and Unsolicited Commercial Email (UCE) |
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Fame Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Client's of Fame Hosting may not use, or permit others to use, our network to partake in UCE distribution. Client's of Fame Hosting may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Fame Hosting will initiate an immediate investigation. During the investigation, Fame Hosting may restrict client access to the network to prevent further violations. Client will thereafter be advised of the situation. If a client is found to be in violation of this TOS, Fame Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating client's account. Further, Fame Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Fame Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
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| VII. |
Bandwidth and Disk Usage |
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Client agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the client ("Agreed Usage"). Fame Hosting will monitor client's bandwidth and disk usage. Fame Hosting shall have the right to take corrective action if client's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Fame Hosting's sole and absolute discretion, at any time deemed necessary by Fame Hosting. If Fame Hosting takes any corrective action under this section, client shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, client will be warned of approaching or exceeded resource limits via email by Fame Hosting's automated notification system. |
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| VIII. |
Backup |
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As a courtesy, Fame Hosting maintains a backup service for client on most shared hosting accounts.
Fame Hosting will make every reasonable effort to protect and backup data for Client on a regular basis. Cpanel backups are done weekly to a second hard drive and also backups are made once a week to another separate server. However, Fame Hosting does not warrant that any data will be backed up correctly, nor that any successful restoration of data will be possible. Client agrees that there are no guarantees that server backups will work correctly and responsibility lies with the client to make and keep backups on their cpu/computer system. There are backup utilites in cpanel and client can always backup data easily. Fame Hosting cannot be held responsible and shall have no liability for any loss or damage to any data stored on the Server or backup mediums.
There is a one time fee of Rs. 1000 for an Fame Hosting Administrator to retrieve client's individual back-up files. |
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| IX. |
Server Abuse |
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Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Server abuse also includes the presence of insecure scripts or poorly written code on the client's website which can cause the server to be compromised and affect the security and/or performance of other sites on the server. Possible causes for server abuse include, but are not limited to the excessive use of: PHP,CGI, Perl, Sendmail, Exim, MySQL, HTTP, Mailman, SMTP, POP3 and FTP. Upon detection of server abuse, Fame Hosting has the right to suspend your Account. The specific script, website or database under the account will only be resumed once the client has corrected the problem and convinced Fame Hosting that the abuse will not occur again. Fame Hosting will endeavor to provide prior notification before carrying out any such action but may do so without any such notification, in its own discretion. |
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| X. |
Payment |
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Establishment of this service is dependent upon receipt of payment of stated charges by Fame Hosting. Subsequent payments are due on the anniversary date of the option selected in the billing cycle. |
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| XI. |
Failure to Pay |
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Fame Hosting may temporarily deny or terminate service upon the failure of the client to pay the charges when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees. |
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| XII. |
Account Cancellation |
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A client may cancel his account at any time online. If requesting a cancellation, we ask that client to briefly explain the reasons for doing so, as well as any suggestions on how Fame Hosting could improve service. |
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| XIII. |
Client Acknowledgement |
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Client acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Fame Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, client agrees that Fame Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Fame Hosting. Client further acknowledges that the Fame Hosting's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by client for services during the period damages occurred. In no event shall Fame Hosting be liable for any special or consequential damages, loss or injury. |
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| XIV. |
Change of Nameservers |
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In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Fame Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not co-operative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On client request, nameserver change of domain names is done by Fame Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration's registrar. |
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| XV. |
Support Boundaries |
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Fame Hosting provides technical support to its client's. We limit our technical support to our area of expertise. The following is our guideline when providing support: Fame Hosting provides support related to your service plan's features' physical functioning. Fame Hosting does not provide technical support for the client's customers. If you are able to get online and have other questions, the answers may be on our documentation manual at
http://www.famehosting.com/faq.htm. We encourage you to check there first. |
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| XVI. |
Notifications |
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All notifications to the client will be sent by electronic mail (email). It is the responsibility of the client to ensure his or her email address is valid at all times. Fame Hosting will not be responsible if client fails to receive any email Fame Hosting attempted to send. |
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| XVII. |
Network |
| A. |
IP Address Ownership |
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If Fame Hosting assigns a client an IP address for use with the subscription, the right to use that IP address shall belong only to Fame Hosting and the client shall have no right to use that IP address except as permitted by Fame Hosting. Fame Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to client's by Fame Hosting. Fame Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time. |
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| B. |
System and Network Security |
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Client's or any network users are prohibited from violating or attempting to violate the security of Fame Hosting's network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Fame Hosting will investigate occurrences which may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting client's who are involved in such violations. These violations include, but are not limited to:
- Accessing data not intended for such client or logging into a server or account, which such client is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any client, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing."
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which client is not entitled.
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| XVIII. |
Notification of Violation |
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Fame Hosting is under no obligation or duty to constantly view each client's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Fame Hosting will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other client's. If a client is found to be in violation, the following steps are taken:
- First violation: Any Client, which Fame Hosting determines to have violated any element of this TOS shall receive an email warning them of the violation. Client's service is subject to a temporary suspension at Fame Hosting's discretion pending a client's agreement in writing to refrain from any further violations.
- Second violation: Client's, whom Fame Hosting determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.
NOTE: Fame hosting reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the client. Fame Hosting will contact the client as soon as it is feasible.
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| XIX. |
Suspension of Service or Cancellation |
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Fame Hosting reserves the right to suspend network access to any client if in the judgment of Fame Hosting, the client's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Fame Hosting deems necessary.
If inappropriate activity is detected, all accounts of the client in question will be deactivated until our investigation is complete. Prior notification to the client is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The client may not be credited for the time the client's machines were suspended if the client is found to be at fault. |
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| XX. |
Miscellaneous Provisions |
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Client must provide Fame Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
- Fame Hosting takes no responsibility for any material placed on its network by others. Fame Hosting is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. Fame Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
- Fame Hosting's client's are not permitted to run IRC servers
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| XXI. |
Disclosure to Law Enforcement |
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The TOS specifically prohibits the use of our service for illegal activities. Therefore, client agrees that Fame Hosting may disclose any and all client information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the client. |
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| XXII. |
Indemnification |
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Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein. |
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| XXIII. |
Severability |
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If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. |
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| XXIV. |
Applicable Law |
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This TOS is subject to the governing laws of the Government of India. Courts of competent jurisdiction in Mumbai, Maharashtra shall hear and decide any disputes. |
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