Terms of Service

Our Responsibilities

FadconHost agrees to furnish services paid for by the Customer, subject to complete compliance with the AUP and Terms of Service (TOS). FadconHost reserves the right to refuse any potential customer at the sole discretion of FadconHost. The failure of a customer to meet or follow any of the policies/terms is grounds for account deactivation. FadconHost will be the sole arbiter of what constitutes an AUP violation. FadconHost reserves the right to remove any account without prior notice.

Changes

The TOS and AUP are subject to change at any time at the sole discretion of FadconHost. A policy change shall not be grounds for early contract termination or non-payment. The customer recognises that the nature of the service supplied and the initial rates and charges have been communicated to the Customer. The Customer is aware that from time to time, rates may change based on the availability of hardware and overall market fluctuations; if a change is going to alter the recurring monthly bill of a customer, it will be communicated before actual billing.

Refunds

Only all hosting services rendered by FadconHost are eligible for a limited refund. Refund covers the Hosting service plan itself and does not include any other services such as SSL certificate, domain registration, etc. Refunds are only offered within 25 days of account registration and only apply to the first service of a new client. Additional orders are not eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, or opened a second one, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy. Services suspended or terminated due to non-compliance with the AUP and TOS are not eligible for refunds. Refunds will only be applicable for valid reasons, which we can’t solve. If you misbehave with the Support Team (over Chat/Ticket/Phone/Email), the refund policy will also be waived.

Suspension

If any violation of these rules occurs, FadconHost reserves the right to suspend a violating account. As an administrator, you will have permission to reactivate your client account. After the account will be reactivated, you or your client will have 12 hours to resolve the incident. If the incident is not resolved in 12 hours after you reactivate the account or if any violation occurs in future by the same account, FadconHost reserves the right to terminate the violating account and disable the client profile (we will not disable your administrator profile; only your end client profile). The root user will always be safe from any violated action caused by their end user.

Billing Methodology and Information

FadconHost invoices for all services 10 days before the due date. You are responsible for arranging payment by the due date. If you want to cancel your service, you must inform us before 10 days of the overdue date. Accounts that become past due will be subject to a 10% (ten per cent) late fee after 5 days of being overdue. This late fee is non-negotiable and will be automatically added to any overdue invoices. After an invoice becomes 20 days past due, all services affiliated with the invoice are subject to immediate termination. Excessive delay will not be tolerated and could result in terminated services or additional late fees being assessed.

Fraud

If fraud is discovered, the fraudulent customer is subject to immediate suspension/termination at the sole discretion of FadconHost. All information available to FadconHost about the fraudulent account will be submitted to local authorities and any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether within the United States or abroad.

Disputes and Chargebacks

The Customer acknowledges that any attempt to dispute or initiate a chargeback with Paypal, Payza, Skrill, or their Credit Card issuer will suspend all services. A fine of N200,000 will be assessed to the customer’s account. A chargeback imposed under false pretences is considered Fraudulent and will be treated as such.

Financial Liability

The Customer acknowledges that the service provided is such a nature that service can be interrupted for many reasons other than the negligence of FadconHost and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of FadconHost. The Customer further acknowledges that FadconHost liability for its negligence may not exceed an amount equivalent to charges payable by the subscriber for services during the period damages occurred. Any attempt to violate the TOS/AUP agreement is strictly prohibited and may result in the immediate termination of services rendered by FadconHost without a refund. FadconHost is the sole arbiter of what constitutes a violation of the above provisions. A fine of two hundred and fifty thousand naira (N250,000) may be implemented for intentional server abuse or TOS/AUP violation.

Support

FadconHost provides hardware support related to customers’ server functioning. FadconHost only offers software support if the service is Fully Managed. FadconHost only guarantees the default installation of any software under fully managed hosting and in no way assumes liability for the configuration of any software. FadconHost is not responsible for any data loss associated with the misconfiguration of scripts. FadconHost may provide enhanced site development support (including script configuration and integration), for an additional fee. Please ask sales or billing for enhanced site build-up support pricing. Hosting customers may request new PHP extensions or features on support tickets. FadconHost does not provide any Support to the Customers of our Customers (Third Party Customers). We will only provide support directly to Customers of FadconHost.

Data and Backups

We perform weekly backups on all our servers to ensure critical files are never lost. Our servers have Hardware Raid10 array-enabled Hard drives, so primary drive data also mirrors on secondary drives. Our server does not create daily backups for users’ sites; you must manually create a backup that you may download on your own; we do not restore a file any user has accidentally deleted or modified. The backup restoration is for emergency procedures only. You are advised to backup all of your files to your local drive. We are not responsible for lost data, time, income or any other resource due to faulty or non-existent backups.

Transfer and Migration

Our transfers team will help you move your site to us. However, transfers are provided as a courtesy service, and we can not guarantee 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 possible, to migrate some or all account data. We will try our best, but in some cases, we may need help to assist you with transferring data from an old host. Free transfer facilities are available for 30 days from your sign-up date. Transfers outside of the 30-day free period will incur a charge; don’t hesitate to contact a transfer department member with specific details to receive a price quote. FadconHost reserves the right to migrate your account from one data centre to another to comply with applicable policies and local law or for technical or other reasons without notice.

DMCA Complaints

FadconHost handles any DMCA complaints very seriously and will investigate them. FadconHost reserves the right to pursue civil remedies for any costs of investigating a substantiated policy violation. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account that violates another’s copyright will be expeditiously removed, or access to the material will be disabled. Any account found to be in repeated violation of copyright laws will be suspended and terminated from our hosting. If you believe your copyright or trademark is infringing upon, please email abuse @ fadconhost.com with brief information. If the request is of a licensing issue, we may require further documentation. We take DMCA Complaints exceptionally seriously. Save yourself and us the trouble. Click here < to get instructions for DMCA and Abuse complaint procedure.

Usage and Overages

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel so that you may receive an email when your account reaches certain limits determined solely by our system, i.e., bandwidth exceeds warning at 80%; then, you may contact us to purchase a higher transfer quota for your account. If you contact us, the system will only allow your site if your allotments are at most.

FadconHost web hosting accounts are not to be used to distribute and store an unusual amount of files. We are a web hosting provider, not a remote file storage provider. Any website whose disk space usage for storing the files exceeds 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions, such as causing harm to our server or others with the files you keep, then you have nothing to worry about.

The customer’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. If they are found to be using more than 90% of one CPU core per process thread, they will be limited to 90% of one CPU core. Subscriber’s programs and services may use less than 200% of two CPU cores for over 2 minutes.

IP Blacklists

If any Customer or any Third Party User that is a customer of our Customer uses FadconHost services, network, or its physical Information in a manner that causes FadconHost or any IPs issued by FadconHost to be blacklisted or blocked, FadconHost reserves the right to suspend or terminate services of such customer and suspend or terminate the access to services, network, and its physical Information. Operating FadconHost service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Security

Users are prohibited from violating or attempting to violate the security of the FadconHost. Violations of system or network security may result in civil or criminal liability. FadconHost will investigate occurrences involving cooperation with law enforcement authorities in prosecuting users involved in such violations. These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account which such user is not authorised to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of ‘overloading’, ‘flooding’, ‘mail bombing’ or ‘crashing’,
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations.

Each hosting package is unique to a domain name and its use – you cannot purchase multiple plans to obtain combined bandwidth and space. FadconHost will stop such transactions and label them deceptive. We have an upgrade path for all services, and we can often work out special deals for users if they ask us for assistance.

System or network security violations are prohibited and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Denial of Service Attacks

Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. The client is responsible for ensuring that their server is configured securely. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorised entry and use of another company and individual’s computer system will terminate the account immediately.

Liabilities

FadconHost makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall FadconHost be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or any information, services or products provided through your website. We are not responsible for any content on any server in our network and will not act against any questionable material or action until the website in question is brought to our attention by emailing us.

Payment Verification

Customers agree to potentially submit to fraud-checking measures designed for both the customer’s security and FadconHost’s security. The fraud checks require a scanned copy of the CreditCard Authorization Form by FadconHost, a front side screenshot of the Credit Card used as payment, as well as a valid scanned copy of the recent photo ID (Passport/Driving License/Student ID). We may ask for Payment Verification if Credit/Debit Cards and Payza make payment. If payment is made from unverified PayPal accounts, we may also ask for verification documents.