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. When registering Client must provide his real personal data, filling out all required fields. Service provider reserves the right to request confirmation of personal data, provided by Client according to Client verification procedure.
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
12.2. 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.
12.3. Service Provider email address: firstname.lastname@example.org
12.4. Client email address is provided during the registration of a Personal Account.
12.5. On all vds servers, there is a limit to the transmission speed of outgoing and incoming traffic – 25 megabits per second.
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.
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.