By using our web hosting services, you agree to comply with our policies.

Liability
FavorHosting is not liable in any way for the content posted, opinions expressed, or actions of the users of our services. Any concerns about the above should be sent directly to our webmaster at webmaster@favorhosting.com.

Interpretation
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. FavorHosting reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.

Modification
FavorHosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice. We will be the sole arbiters as to what constitutes a violation of any of these provisions.

Reporting Network Abuse
Any party seeking to report any violations FavorHosting’s policies should contact our webmaster at webmaster@favorhosting.com.

Limitation Of Liability

FavorHosting Corp. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from FavorHosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, FavorHosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of FavorHosting's servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to FavorHosting's Web Team. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

FavorHosting Corp. cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Thus, certain equipment, routing, software, and programming used by FavorHosting are not directly owned or written by FavorHosting Corp. Moreover, FavorHosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as FavorHosting sees fit.

Illegality in any form
This includes but is not limited to; unauthorized distribution or copying of copyrighted material, violation of Canadian export restrictions, harassment, fraud, drug dealing, and other illegal activities. Any of the above will not be tolerated and will result in account suspension or deletion.

Provision of services to others through your hosting account.
This includes but is not limited to; provision of email addresses, Web Hosting, or storage space to people outside your organization or company, or to the general public. Unauthorized resale or use of FavorHosting features and/or services will not be tolerated.

Unacceptable Content Types
The following file formats are not allowed for storage on or distribution through FavorHosting services: .COM .MP3. We also do not allow Adult Content in any form, software distribution, or any form of file download service "software or movie repositories". If you would like to know if we consider the content you wish to host acceptable, please email us at: abuse@favorhosting.com

Illegal Use
FavorHosting server's may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Software Repositories", "Pirated software", "Hackers programs or archives", "Warez", "Game Mods or Patches", Emulators"EMU", "Roms", "Irc Bots", "mp3", "Chat Sites/Servers", "Pornography", "TGP".

Misuse of System Resources
It is a violation for anyone who, including but not limited to, employs posts or programs which consume excessive CPU time, server memory, or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers. FavorHosting reserves the right to terminate any service or process that uses a disproportionate amount of any system resources immediately and without notice to the user.

Tortious Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, with intention to inflict emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Spamming
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site.

It is contrary to FavorHosting's policy for customers to use our servers to effect or participate in any of the following activities:

1. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
2. To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
3. To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a FavorHosting provided server, or using a FavorHosting provided server as a maildrop for responses;
4. To falsify user information provided to FavorHosting or to other users of the service in connection with use of a FavorHosting service.

System and Network Security
Violations of system or network security 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 of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Over Transfer Fees
Additional bandwidth is charged in increments of 1gb (one gigabyte). Additional bandwidth costs $9 (nine dollars) per gigabyte (rounded to the nearest gigabyte) per month over the monthly allowance. This will be billed monthly to any account that incurs over bandwidth charges.

Unlimited Services
We define 'Bandwidth' as the speed at which the data requested by a visitor to your website gets delivered to that visitor. Of course there are physical and technical limits imposed by the network and other factors we do not control (like your ISP).

'Unlimited Bandwidth' means that we do not limit the speed of the connection beyond it's physical or technical limits unless it begins to degrade or adversely effect system performance or the quality of service to any other user. Until your website causes a problem for the system or any other user on that system, we will not limit the speed at which data can be delivered from your website.

If your site has so much traffic that it affects other users or the system, we recommend that you get a dedicated server. If you choose to use our service, be aware that we reserve the right to limit public access, throttle connection speed, or take any other actions necessary to preserve and protect the integrity and stability of the server at any time and without notice. If you have any concerns, please Email Us. We will be happy to answer any questions you may have.

Domain Name Agreements and Transfer Policies

.COM, .NET, and .ORG Domain Name Registration
All .COM, .NET, and .ORG domain names must be used in accordance with OpenSRS policies. By registering any .COM, .NET, or .ORG domain name through our system, you agree to be bound by these agreements.
.COM & .NET Domain Name Agreement
.ORG Domain Name Agreement
.CA Domain Name Agreement

Domain Name Transfer Restrictions
Under ICANN policy, we are prohibited from allowing the transfer of domain name Registrars during the first 60 days after initial registration of the domain name. This applies to ALL domain names, regardless of where they are purchased. We cannot transfer domain names to or from our system within this period. Beginning on the 61st day after the initial registration, the procedures for transferring domain names can be completed without restriction. The full ICANN policy concerning domain name registration can be found here.

Domain Name Transfer Notifications
Since there is no standard system in place for checking the status of domain name transfers between top level registrars, we do not guarantee that all domain name transfer will succeed. We make every effort to process domain name tranfers quickly and completely. You may at any time contact our DNS Admin and request the status of your transfer. Should your transfer fail for any reason, you will receive a notice at the email address on file for your account with FavorHosting.

Note: Fees paid for Transferred Domain Names are not refundable if the transfer fails for reasons beyond our control. This includes, but is not limited to, Timeout waiting for owner or registry approval, incorrect contact info in the whois record, and attempted transfers of domains that are not transferrable for any other reason.

DNS Updates
FavorHosting is not responsible for Updating the DNS entries for transferred domain names. While we make every attempt to update these entries automatically, there are a number of reasons that this may not happen. You are responsible for making sure that the DNS Entries for your domain name are correct. If you have any questions, please contact our DNS Admin.

No Guarantee of Registration or Renewal

As a domain name registrar, FavorHosting is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal.

You acknowledge and agree that FavorHosting does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available. You also understand that FavorHosting cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that FavorHosting is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that FavorHosting may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that FavorHosting is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.

Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or FavorHosting's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.

Domain Name Registrant
FavorHosting considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name and that entity is your agent with full authority to act on your behalf with respect to the domain name registration or any other services obtained from FavorHosting, including (but not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.

Coming Soon Page
All domain names registered through FavorHosting are pointed to a "Coming Soon" Web page which informs visitors that the registrant has recently registered their domain name via FavorHosting. The Coming Soon Web page may be modified at any time by FavorHosting without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by FavorHosting, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. To see a sample Coming Soon Web page, please click here. If for any reason you do not wish to have the domain name you have registered pointed to a Coming Soon Web page, please notify our Customer Support team by clicking here.

Backup Policy

FavorHosting is not responsible for web site management or files lost or damaged by users. Backup of all site files is recommended, and should be maintained by the client on a machine outside of the FavorHosting network.

A fee of $30 is required should a client request any files from our back up systems, which are intended for disaster retrieval only. FavorHosting does not guarantee that the files contained in our backup systems will be the most current copy of a client's web site.

FavorHosting attempts to maintain three (3) days of account backup archives for each shared hosting web site account. However there is no gaurantee or warranty either expressed or implied of being able to supply a client with their nessecary backup files.

EXCLUSIONS

a) Dedicated Servers are not covered by this Backup Policy. FavorHosting recommends dedicated server clients purchase a backup service or backup disk drive at the time the order is placed.

Acceptable Use Policy

As a user of this service, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you send, post, email, transmit or otherwise make available via the Service. The Service Provider does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Content for any particular viewer.

You agree to not use the Service to:

1. send, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   
2. harm minors in any way;
   
3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   
5. send, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   
6. send, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   
7. send, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or otherwise violate our abuse policy attached as Schedule C;
   
8. send, post, email, transmit or otherwise make available any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   
10. intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by any applicable securities commission or exchange, and any regulations having the force of law; or
    
11. "stalk" or otherwise harass another.

You acknowledge that the Service Provider and its suppliers do not, and we acknowledge that the Service Provider and its suppliers shall not without cause, pre-screen Content, but that the Service Provider and its suppliers shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Service Provider and its suppliers shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Service Provider or submitted to the Service Provider.

You acknowledge and agree that Service Provider (or its suppliers) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Service Provider, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SPECIAL WARNINGS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Email Abuse SPAM / Abuse Policy

If an Account or Domain Name has been suspended from e-mail it can only be reinstated when an e-mail is from an E-mail Administrator. If no e-mail accounts have been given E-mail Administrator authority or the entire Domain has had its e-mail suspended, e-mail resinstatement requests may come from the Reseller. This e-mail should be sent to:
abuse@<<infringingdomain>>.<<tld>>.

The e-mail must, in the infringer's own words, explain (explaination e-mail):

• Why the SPAM incident or other Abuse incident occurred;
• If applicable, display understanding of why mass mailing is forbidden;
• Commit to incident not occurring again.

The same party that deals with incoming SPAM or Internet Abuse complaints will be the first arbiter in making a decision as to whether or not the account should be reinstated.

In making a decision the arbiter shall take into consideration:

• The authenticity of the e-mail (is it really from the address from which it purports to be);
• The nature of the response and the understanding and commitment exhibited therein;
• The history of Abuse on that Domain;
• To the extentknown, the history of Abuse by that customer across different domains.

Communication of the decision should be sent to the e-mail from which the infringer's explaination e-mail was sent and should be copied (with the text of the explaination e-mail attached) to spamabuse@tucows.com where a central record of Spam Abuse complaints will be kept.

If the infringer disputes the decision or if the first arbiter is uncertain which action to take appeal can be made to the Product Manager for a final reinstatement decision.

Renewal of your Hosting Account
Account renewal is automatic until cancelled by the account holder. All accounts will be renewed according to the term selected upon account signup. If you select the Quarterly Billing option for your account, you will be billed every three (3) months from the date of account creation.

Incorrect Billing Information and Billing Failures
If your billing information is incorrect, or your Credit Card is denied for any reason upon automatic renewal, you will receive an email at the email address on file with us informing you of the problem. If you do not provide alternate payment arrangements within 7 days of that notice, your account will be suspended. You will have 14 days to resolve the situation and provide proper billing information. If we do not hear from you within 14 days, your account will be deleted from our system. FavorHosting is not responsible in any way for any loss of revenue or business due to account suspension or deletion.

Once you have updated your billing information and are ready to resolve your outstanding charge, we will bill you for the next recurring term according to your contract plus a daily charge of $0.625 (Sixty-Two and 1/2 cents) per day for the time between the billing failure and the resolution of the bill. Your account will then renew 3 months from the date of resolution.

Account Cancellation Notification
You must notify us via Email that you wish to cancel your account. Notification should be made at least 14 days prior to account renewal. If you do not notify us at least 14 days prior to your scheduled renewal date, your account will be renewed at the contract rate. Your account will then be cancelled at the end of the next billing cycle.

Credit Card Chargebacks
Should you decide to cancel payment in full for services via credit card chargeback, be advised that under these circumstances FavorHosting will assume and retain ownership of the domain name(s) you registered with us. If you would like to re-obtain these domain names after you place a chargeback request, you will need to pay a $100 fee per domain name, plus normal registration fees. If you feel that you are deserving of a refund for any reason, call our offices and we can resolve the matter to our mutual satisfaction.

When FavorHosting becomes aware of an alleged violation of its Acceptable Use Policy, FavorHosting will initiate an investigation. During the investigation FavorHosting may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, FavorHosting may, at its sole discretion, restrict, suspend, or terminate Customer's account without notice or refund, and/or pursue other civil remedies.

If such violation is a criminal offense, FavorHosting will notify the appropriate law enforcement department of such violation.

FavorHosting does not issue payment refunds for any outages incurred through service disablement resulting from violations of this agreement.