The following documents regulate the key principles of the cooperation between Friendhosting LTD and its Clients.
PUBLIC OFFER FOR THE PROVISION OF THE HOSTING SERVICES
1. GENERAL PROVISIONS
1.1. By registering a personal account, the Client affirms his/her acceptance of the Terms and this Public Offer (Agreement).
Services – the range of services stated in this Offer and on this website and offered by the Service Provider (Company).
Service Provider (or Company) – Friendhosting LTD.
Clients – individuals and legal entities that the services are provided for.
VPS/VDS (Virtual Private Server/Virtual Dedicated Server) – a type of hosting under which a physical server is divided into several so-called virtual dedicated services that are, in turn, rented out to the Client.
Dedicated Server – a type of hosting under which the Client is provided with a separate physical server.
Personal Account – a set of the necessary software and hardware provided for the Client for the purpose of using the Services.
2. THE SUBJECT OF THE AGREEMENT
2.1. On the basis of this Agreement, the Client authorizes and the Service Provider takes on the obligation to provide the Client with the dedicated server / virtual dedicated server rented out by the Client.
2.2. The Client takes on the obligation to receive and pay for the services provided by the Service Provider in the manner and according to the terms prescribed by the Agreement and the current rates displayed in the Personal Account on the day of payment.
3. SERVICE PROVISION AND PAYMENT PROCEDURES
3.1. Ordering and registration are carried out by the Client on their own with the help of their Personal Account.
3.2. During the registration, the Client has to provide his or her valid details by filling out all the obligatory fields.
3.3. The Services are paid by the Client using the Personal Account on their own, with the exception of manual payment cases.
3.4. All services are provided on the basis of 100% upfront payment. A free trial period is not provided.
3.5. In the case of a delay in payments, the virtual or dedicated server is blocked after the paid period is over.
3.6. After the end of the paid period, the image of the virtual server is stored for 7 calendar days, the data on the hard drives of a dedicated server is stored for 3 calendar days. After this period is over, the stored data is deleted.
3.7. The payment due date after blocking begins with the day of the blocking.
3.8. In the case of the absence of any account’s activity within a year and the presence of a positive balance, the Client is charged $5 per month for maintaining an inactive account.
3.9. In the event of receiving a complaint regarding the Client’s server, the Client is obligated to take all the necessary actions to resolve the complaint within the terms stated in the ticket which contains the details of the complaint. If the situation hasn’t been resolved within this term, the service is blocked. After 3 days since the moment the Client’s server was blocked due to an unresolved complaint, the Service Provider reserves the right to cancel the Client’s service.
4. THE RESPONSIBILITIES OF THE PARTIES
4.1. The Services of the Provider are accepted ‘as is’. The Service Provider doesn’t compensate any direct or indirect losses the Client suffers as a result of using or being unable to use the Services, including losses suffered by the Client due to mistakes, breaks in work, file deletion, defects, waiting time in work or data transfer, changes in features, and other causes.
4.2. The Service Provider can’t be held responsible for the quality of the communication channels in general use with the help of which the access to the Services is gained.
4.3. The Service Provider can’t be held responsible for the information placed by the client on the Internet using the Services provided by the Service Provider.
4.4. The Client is fully responsible for the content they (or any other person using the registration details of the Client) put or transfer via the Internet, as well as for any moral damage or financial losses caused by their actions or inaction (personally or by another person using their requisites) to individuals, legal entities, the state and/or society.
4.5. The Client is fully responsible for the security and safety of their password and login, as well as for the losses (moral damage and financial losses) that may take place due to their unauthorized use.
4.6. The Service Provider can’t be held responsible for the actions of the third parties that engaged in unauthorized login and password use and caused damage to the Client or any other persons.
4.7. The Client decides on their own which competent institutions they should reach out to in order to protect their rights and legitimate interests with the aim of putting the responsible persons to justice as prescribed by the law and getting compensated for the damage caused to them or other parties.
5. PROHIBITED CONTENT AND SOFTWARE
5.1. The Service Provider reserves the right to deactivate the Client’s server in the case of them using the said server for prohibited actions or placing prohibited content.
The Client is prohibited to:
5.1.1. Use the server for spam actions, both incoming and outgoing, as well as host the services for bulk email distribution (for aggressive email marketing, etc.). The Company reserves the right to limit the email sending capabilities from a VPS/VDS server.
5.1.2. Use the server for performing DDoS attacks.
5.1.3. Place Tor regardless of the aims of using it.
5.1.4. Place resources containing viruses, exploits, botnets (or resources related to botnets), as well as redirects to websites containing viruses and exploits.
5.1.5. Distribute keygen, crack, and other ways of ‘hacking’ software.
5.1.6. Host websites of terrorist organizations, websites containing information with calls to violence, interreligious hatred, and performing a coup against the current government.
5.1.7. Host gambling services (including any games of chance), as well as any affiliate programs related to them.
5.1.8. Place ‘mirrors’ for websites of betting organizations, as well as other gambling-related websites that may lead to the server being blocked by RosKomNadzor.
5.1.9. Provide any VPN or Proxy services (VPN and proxy can be used for personal non-profit purposes only).
5.1.10. Place projects related to HYIP industry, including financial pyramids, and any other websites that fall under this category.
5.1.11. Place any software related to mining cryptocurrencies (Bitcoin, etc.) on the VDS, including wallets and block-explorers.
5.1.12. Conduct cardsharing, as well as organizing TV channels’ streaming.
5.1.13. Host pharmaceutical-themed websites that do not possess the respective licenses for distribution of pharmaceutical products.
5.1.14. Perform scanning of ports and vulnerabilities.
5.1.15. Host websites with fraudulent activities of any kind, as well as websites containing redirects to such websites.
5.1.16. Distribute and/or promote prohibited substances.
5.1.17. Place any information that violates the law of the country where the Client’s server is located and/or the Bulgarian Republic law.
5.2. In the event of using the server for illegal purposes described above, the service is canceled within 72 hours after blocking, and the payment for the unused usage period is not refunded.
7.2. The information regarding the procedure of revoking the consent to personal data processing is provided to the Client during the registration of a personal account.
8.1. The Client has the right to demand a refund of unspent funds at any moment by creating a ticket for the finance department.
8.2. The refund will be denied if the termination of service was caused by a violation of the rules described in this Offer or any clauses of this agreement by the Client.
8.3. Funds paid for dedicated servers, domain name registration, additional services, or paid within special offers, as well as other direct expenses of the Friendhosting LTD company (working hours, license costs, etc.) are not eligible for a refund.
8.4. The refund is done based on the Client’s application directly to the bank account stated by the Client. Expenses related to the transfer fees are paid by the Client. Payments made using bank cards and PayPal are an exception. Such payments are refunded to the same requisites that were used to make the initial payment.
8.5. The obligatory condition for a refund is the provision of a scan of the filled out application form and a scan of the identification document (passport). The surname and first name of the Client provided during registration must match the ones stated in the ID and the application.
9. FORCE MAJEURE
9.1. The parties can’t be held accountable for not carrying out their responsibilities due to unforeseen circumstances.
9.2. In the event of force majeure situations, the Party has to inform the other Party about this within two days. Force majeure circumstances are proven by an official inquiry to the competent government institution of the state where such circumstances took place.
10. DISPUTES AND JURISDICTION
10.1. During the execution, changing, termination of the Agreement, the laws of the Bulgarian Republic are applied.
10.2. Disputes are resolved in the court of the Bulgarian Republic.
11. AGREEMENT PERIOD
11.1. The Agreement comes into force starting from the moment of the Client’s Personal Account registration.
11.2. The Agreement period is one year. In the event of the absence of any written notification from the Client regarding the termination of the Agreement two weeks prior to the end of the Agreement period, the Agreement is prolonged for the same period.
11.3. Service provision termination by the Service Provider due to the absence of payment by Client is considered to be the termination of the Agreement.
11.4. The Service Provider reserves the right to terminate the contract unilaterally without explanation.
11.5. The Service Provider reserves the right to make changes to the terms of the Offer or recall the Offer at any moment if deemed necessary without any prior notification.
12. CLOSING CLAUSES
Any documents related to the execution, changing or termination of this Agreement are considered to be properly sent and have legal force if they are sent by email or courier delivery services.
Service Provider email address: [email protected]
Client email address is provided during the registration of a Personal Account.
This policy is applicable to all the websites that are hosted on the servers of the Friendhosting company. Friendhosting has a strict ‘No Spam’ policy which is elaborated upon below. Friendhosting will not profit and will not allow anyone else to profit from spam of any kind. Friendhosting terminates relationships with anyone who engages in spamming and will be cooperating with the law enforcement to ensure the spammers are held accountable according to the law.
Who should get acquainted with this policy and follow it?
If you are already in any kind of relationship with Friendhosting, you have to read the following policy and follow it as it is one of the key conditions of our further cooperation.
Parties described in this policy:
- Friendhosting, also named as the Company, Friendhosting.net, or ‘we’, ‘us’, or ‘our’.
- All Friendhosting clients and partners.
- Any other clients, partners, and subcontractors of Friendhosting.
2. No tolerance toward unwanted emails
We believe that any distribution of unauthorized commercial emails (spam) should be explicitly forbidden.
Even though the internal and international law allows distributing unwanted emails under certain conditions, we have chosen a more strict policy of prohibiting any spam actions for all of our clients. This means that all Friendhosting clients are not allowed to take part in any actions regarding sending bulk emails for distributing any information, regardless of how the email addresses were obtained, generated or acquired.
This also means that using opt-in email addresses lists in any form (sending emails to the list of users who gave their consent) is also prohibited, regardless of whether these actions are legal according to the state or federal laws.
Any violation of this policy will become grounds for immediate termination of the services provision. We reserve the right to audit our clients in order to determine whether the policy is followed at any time, with or without prior notification.
We strive for stopping the flood of spam prohibited by the law. Nevertheless, our aspiration to fight spam goes way beyond that. Spam in all of its forms is annoying, burdening and goes against our corporate policy. According to this obligation we have taken on ourselves, we prohibit the types of spam that are still not regulated by the law, including:
- SPIM, or spam in messengers;
- Spam in newsletters;
- Spam on forums or other thematic websites, except for the ones dedicated to it;
- Using dating websites for spamming other users;
- Any other spamming method.
All clients, agents, employees that use any form of digital for-profit promotion via email and violate this policy accept their obligation to pay damages and relieve us of any complaints, accusations, debts, lawsuits and other forms related to violating the law. Friendhosting ensures an immediate notification about any and all such complaints; however, the client can choose the lawyer to protect himself or herself from such accusations at the expense of the person responsible for the alleged violations.
You agree to cooperate with us while taking into account our regular audits of any of your activities without any prior notification. In case of our inquiry, you agree to provide us with all the promotional materials, means of communication, profiles, and any other data related to Friendhosting over the past 2 years. You also agree to provide us with the information on similar actions, including but not limited to email addresses, lists, names, time and dates when the emails were sent, IP addresses, email systems, software and any other information needed to conduct an audit on email distribution. Your unwillingness to cooperate during such an audit is a ground for the termination of our agreement.
5. Maintenance and blocking the account
Friendhosting will immediately block any account that, in its opinion, sends spam or is related to spam or other unwanted bulk emails in any way. Besides, expenses often can’t be calculated. If the factual losses can’t be estimated, you agree to pay Friendhosting a 5 euro penalty for each part of spam or email campaign that was sent by you or related to you in any way. Otherwise, you agree to pay Friendhosting factual damage to the extent that they can be calculated unless another is stated in the Agreement or this policy.
Foreseen losses estimation:
- In various clauses of this policy, we have mentioned estimated losses that have to apply to you as a penalty if you violate the Agreement. In particular, you agree to pay these losses.
By agreeing to pay beforehand estimated losses, you acknowledge that this sum is not the penalty and that the factual losses are undefined and difficult to determine. This sum is, in its essence, a diligent attempt of both parties to calculate the compensation while taking into account expected factual losses.
- For any violation of this Agreement, there is no precise indemnification sum stated. You also agree that any violation will lead to indemnification in the amount of 500 euro for every separate case. In particular, you agree to pay these 500 euro in order to pay damages.
- If we need to employ the help of a lawyer or any other person to get compensation from you or if we must employ the help of a lawyer to get an injunction, you additionally agree to refund our expenses carried out to make you pay damages. You understand that even the minimal amount of losses may need expenses and court fees, transport costs, and you agree to cover them.
- If the client’s server (website) is hacked and then used for spamming, this section is not applicable.
We dedicate a lot of our attention to your data privacy and security. Using the services of Friendhosting LTD, you trusted us, and we value this. We do our best to keep your personal data secure.
What types of personal data does Friendhosting LTD collect?
Below you will find a more detailed description of the types of data we collect.
Personal data you provide to us
Friendhosting LTD collects and uses data that you provide us. When you place an order for a service or register your personal account, you need to fill in, at the very least, your name, email address, login, the country of residence, and your phone number.
Personal data we collect automatically
Even if you haven’t placed an order yet, we can automatically collect certain data about you when you browse our website. This data includes your IP address, the time and date when you were using the website, information on your hardware and software, as well as information regarding your browser and the OS on your computer (for instance, the versions of applications and language settings). We may also collect data on clicks and the pages shown to you.
Personal data we get from other sources
Apart from the data that you hand over to us yourself, we can also get information about you from other sources. These sources include business partners, such as payment gateways and other independent third parties. All the data we receive from them can be connected to the information you give us yourself. For instance, our website allows you to make a payment using a bank card or other digital currencies using special services (payment gateways). These organizations share the payment details with us to make it possible for us to process your order.
Please, read the following section to learn more.
For what purposes does Friendhosting LTD collect and process your personal data?
We use the collected information about you for several purposes. Your personal data can be used in the following ways:
- Processing your order. First of all, we use your personal data to process your online order, which is integral to our provided services.
- Technical support team. Using your data, our team answers your inquiries related to our services and other relevant questions.
- Your account. Friendhosting LTD users can create an account on our website. We use the information you provide us to administer your account. With its help, our users can place orders and pay for our services, as well as reach out to our technical support team.
- Marketing. We also use the information from your profile for marketing purposes – for instance, for sending you our newsletter about the services.
- Communicating with you. We can reach out to you regarding other questions using your email address, phone number or tickets. We also process all the inquiries you send to us. There can be various reasons for this, such as scheduled maintenance or notifying you about the working hours of the technical support team during the holidays.
- Market studies. Sometimes, we ask our users to take part in a market study. Any other additional personal data that you provide us during the study will be used only based on your consent.
- Reliability and security. For your own security, as well as for the security of our other users and Friendhosting LTD business partners, we may use your personal data for detecting and preventing fraudulent actions and other illegal activities. Besides, we may use it for risk assessment and security evaluation.
- Improving your experience. We also use your personal data for analytical purposes. This is a part of our efforts for improving the quality of the services we provide to our clients. The data may also be used for testing purposes, problem-solving and improving the functionality and quality of our services. We strive for optimizing our platform to make it a perfect match for our users’ expectations while keeping it simple in use.
- Legal purposes. In some cases, we may use your data for processing and resolving legal disputes, cooperating with investigations if demanded by the law enforcement and the law itself, as well as for ensuring the terms and conditions on the basis of which Friendhosting LTD provides services are followed.
In order to process the information as described above, we base our actions on the following legal framework elements:
- Agreement execution. Using your data may be needed to execute the agreement you and we have. For instance, if you use our services to place an online order for a server, we’ll use your data to execute our responsibilities to complete this order within the boundaries of the agreement.
- Legitimate interests. We may use your data to execute our legitimate interests – for instance, to provide you with the most suitable content on our website and in our emails, to improve and promote our products, services, and website, for administrative and legal purposes, as well as to detect the cases of fraud.
How does Friendhosting LTD hand your personal data over to third parties?
Under certain circumstances, we hand over your personal data to certain third parties:
- Other service providers. We may use the services of third-party organizations to process your personal data on our behalf. This processing takes place for various purposes, including sending promotional materials. Third-party service providers are bound by the obligations on protecting your privacy and don’t have any right to use your personal data for any other purposes.
- Payment service providers and other financial organizations. If you or the cardholder demand a refund, we may need to send some of the order details to the payment service provider and the respective financial organization to do a refund. This may include a copy of your order confirmation or the IP address that was used when you were placing an order. We may also hand over the information to the respective financial institutions if we deem this as absolutely necessary for detecting and preventing fraudulent actions.
- Competent institutions. We hand over the personal data to the law enforcement officials to the extent that is prescribed by the law or is absolutely needed for preventing, detecting or stopping illegal activities and fraud. Apart from this, we may need to hand over your personal data to the competent institutions to protect our rights or property, as well as the rights and property of our business partners.
- Our business partners. We work with a lot of business partners all over the world. Some of them spread or promote our services and help our other partners spread and promote their own services.
- Our advertising partners. For the purposes of promoting the Friendhosting LTD services via third-party partners (and to ensure the ads are relevant and shown to the appropriate target groups), we may share personal data, including your email address, with our advertising partners.
How does Friendhosting LTD protect your personal data?
According to European law on data protection, we follow the proper security procedures to prevent unauthorized access to personal data and its unlawful use. We apply the necessary corporate systems and procedures with the aim to protect and secure the personal data at our disposal. We also implement the security measures and technical and physical restrictions for using personal data and gaining access to it on our servers. Only the employees with a particular access level can process personal data when carrying out their responsibilities.
How does Friendhosting LTD process the data about children?
The services provided by Friendhosting LTD are not for minors younger than 18 years old. If you are not 18 years old yet, please, abstain from using our services.
How can you control the personal data you provided to Friendhosting LTD?
You always have the right to review all of your personal data that we store. You can request an overview of your personal data by sending an email to [email protected] Write “Request personal data” in the email subject line to speed up the process.
Who is responsible for processing personal data on the Friendhosting LTD website?
Friendhosting.net offers everyone interested to participate in the affiliate program aimed at attracting new clients and rewarding you with a fixed share of every payment your referred clients make.
Below you can find the links to our offers for individuals and organizations where all the conditions of affiliating with our company are described.