1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fair E Web Host ("Company," "we," "us," or "our") governing your access to and use of the Fair E Web Host website, including any content, functionality, and services offered on or through faireweb.host (the "Website") and our web hosting services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
2. Services
Fair E Web Host provides web hosting services, including but not limited to shared hosting, WordPress hosting, VPS hosting, reseller hosting, and dedicated CPU hosting. The specific features, limitations, and pricing of each service are described on our Website.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period.
3. Account Registration and Responsibilities
To access certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Ensuring that you exit from your account at the end of each session
We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.
4. Payment Terms
By subscribing to our Services, you agree to pay all fees associated with the plan you select. All fees are in U.S. dollars and are non-negotiable.
Payment terms include:
- Fees are due in advance of the service period
- Subscription fees are automatically charged to your payment method on file
- If we cannot charge your payment method, we may suspend or terminate your access to the Services
- You are responsible for all taxes associated with the Services
- We may change our fees at any time, but will provide notice before changes take effect
5. Refund Policy
We offer a 30-day money-back guarantee for new hosting accounts. If you are not satisfied with our Services within the first 30 days of your initial purchase, you may request a full refund.
The following items are not eligible for refund:
- Domain name registrations and transfers
- SSL certificates
- Administrative fees
- Setup fees for custom services
- Services after the initial 30-day period
To request a refund, contact our customer support team within the 30-day period.
6. Acceptable Use Policy
You agree not to use our Services to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Distribute malware, viruses, or other harmful code
- Send spam or unsolicited bulk email
- Host content that is illegal, obscene, defamatory, threatening, or invasive of privacy
- Engage in activities that disrupt or interfere with our Services or servers
- Attempt to gain unauthorized access to any portion of our Services
- Use excessive amounts of server resources that negatively impact other users
We reserve the right to suspend or terminate accounts that violate our Acceptable Use Policy.
7. Content and Ownership
You retain ownership of all content you upload, post, or store through our Services. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing the Services to you.
You are solely responsible for all content that you upload, post, email, or otherwise make available via our Services. We do not claim ownership of your content, but you must have the legal right to upload any content you provide.
8. Service Uptime and Maintenance
We strive to maintain 99.9% uptime for our hosting services. However, we do not guarantee uninterrupted service. We may perform scheduled maintenance during which services may be unavailable. We will make reasonable efforts to provide advance notice of scheduled maintenance.
We are not liable for any downtime caused by:
- Scheduled maintenance
- Emergency maintenance
- Factors beyond our reasonable control
- Your actions or omissions
- Issues with your equipment, software, or connectivity
9. Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
You may terminate your account at any time by contacting our customer support team. Upon termination:
- Your right to use the Services will immediately cease
- We may delete your content and account information
- You remain liable for all amounts due up to and including the date of termination
All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
- ANY ERRORS IN THE SERVICES WILL BE CORRECTED
11. Limitation of Liability
IN NO EVENT SHALL FAIR E WEB HOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to defend, indemnify, and hold harmless Fair E Web Host, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any claim that your content caused damage to a third party
13. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in Delaware, unless we mutually agree otherwise.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page and updating the "Last Updated" date at the top of these Terms.
Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.
