TERMS OF SERVICE/FastCloudHost

These Terms of Service (the “Agreement”) are an agreement between fastcloudhost.com(“fastcloudhost-(ALAA AL HASAN)” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by FastCloudHost-(ALAA AL HASAN) and of the fastcloudhost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

 

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. FastCloudHost  is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the FastCloudHost Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the 

information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account /or reporting you to law enforcement authorities.

If you provide FastCloudHost with any feedback or suggestions regarding the Site, you hereby assign to FastCloudHost all rights in such Feedback and agree that FastCloudHost shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  FastCloudHost will treat any Feedback you provide to FastCloudHost as non-confidential and non-proprietary.

 

You agree to indemnify and hold FastCloudHost and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  FastCloudHost reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FastCloudHost . FastCloudHost will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

FastCloudHost   Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “FastCloudHost  Content”), are the proprietary property of FastCloudHost or FastCloudHost ‘s licensors. FastCloudHost Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any FastCloudHost   Content. Any use of FastCloudHost Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any FastCloudHost Content. All rights to use FastCloudHost Content that are not expressly granted in this Agreement are reserved by FastCloudHost and FastCloudHost ‘s licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to FastCloudHost  that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

 

FastCloudHost  exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through FastCloudHost ‘s computers, network hubs and points of presence or the Internet. FastCloudHost does not monitor User Content. However, you acknowledge and agree that FastCloudHost  may, but is not obligated to, immediately take any corrective action in FastCloudHost’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that FastCloudHost shall have no liability due to any corrective action that FastCloudHost may take.

Third Party Products and Services

Third Party Providers

FastCloudHost may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

FastCloudHost does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. FastCloudHost is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Cookies and Web Beacons. Like any other website, FastCloudHost uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by FastCloudHost (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

 

Disclaimer

FastCloudHost shall not be responsible for any damages your business may suffer. FastCloudHost makes no warranties of any kind, expressed or implied for the Services. FastCloudHost disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by FastCloudHost or our employees.

 

Backups and Data Loss

Your use of the Services is at your sole risk. FastCloudHost’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared/wordpress accounts as a courtesy and may be modified or terminated at any time at FastCloudHost’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. FastCloudHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on FastCloudHost’s servers.

 

Limitation on LiabilityLimitation on Liability

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, FastCloudHost AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. FastCloudHost AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. FastCloudHost AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

 

Term and Termination. 

Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm FastCloudHost  or others or cause FastCloudHost or others to incur liability, as determined by FastCloudHost in our sole discretion; or (iv) as otherwise specified in this Agreement. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. FastCloudHost will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect.

In such event, FastCloudHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, FastCloudHost may charge you for all fees due for the Services for the remaining portion of the then current term.

 

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

 

General

These Terms are subject to occasional revision, FastCloudHost may modify, add, or delete portions of this Agreement at any time without notice.You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

 

FastCloudHost reserves the right to modify, change or discontinue any aspect of the Services at any time.

Arbitration

By using the Services, you hereby submit to the Dresden-Germany court in connection with any dispute relating to, concerning or arising out of this Agreement. Payment of all filing, administrative and arbitrator fees will be governed by the Dresden-Germany rules, unless otherwise stated in this paragraph. The arbitration before the Dresden court shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Germany low Act governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and FastCloudHost alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against FastCloudHost in violation of this paragraph, you agree to pay FastCloudHost’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Disclosure to Law Enforcement

FastCloudHost may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies(courts). We cooperate fully with law enforcement agencies.

 

Indemnification

You agree to indemnify, defend and hold harmless FastCloudHost , our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

 

Electronic Communications. The communications between you and FastCloudHost use electronic means, whether you use the Site or send us emails, or whether FastCloudHost posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from FastCloudHost in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FastCloudHost provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copywriting.

 

Price Change

FastCloudHost reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by FastCloudHost through the user billing tool or through other methods of communication, including notices sent or posted by FastCloudHost.

Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify FastCloudHost’s Billing department via a support ticket created from https://fastcloudhost.com/billing/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in euro. and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and FastCloudHost is not responsible for any change in exchange rates between the time of payment and the time of refund.

 

Compatibility with the Services

You agree to cooperate fully with FastCloudHost in connection with FastCloudHost’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, FastCloudHost is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by FastCloudHost to provide the Services, which may be changed by FastCloudHost from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. FastCloudHost does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

 

Billing and Payment Information

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal.

Unless otherwise provided, you agree that until and unless you notify FastCloudHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

 

Domain Payments.

It is solely your responsibility to notify FastCloudHost’s Billing department via a support ticket created from https://fastcloudhost.com/billing/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and FastCloudHost is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Money-back Guarantee

FastCloudHost offers a (14) day money- back guarantee for FastCloudHost’s hosting services only. Subject to the terms described in Sections below, if you are not completely satisfied with these hosting services and you terminate your account within (14) days of signing up for the Services, you will be given a refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

Refunds do not include the cost of additional services purchased web design/marketing services or coaching.

Vps hosting packages

There are no refunds on VPS hosting packages. (14) day money- back guarantee does not apply to VPS hosting packages.

Cancellations and Refunds

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.

Money-back Guarantee.

If an account with a (14) day money-back guarantee is purchased and then cancelled within the first (14) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the FastCloudHost Support Team (the “Refund Request”) within (14) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic hosting fees previously paid by you to FastCloudHost for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section. Requests for these refunds must be made in writing to the FastCloudHost Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.

Refunds do not include the cost of additional services purchased web design/marketing services or coaching.

Refund Eligibility.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.

There are no refunds on domain names, dedicated servers,VPS hosting packages, administrative fees, license fees, and install fees for custom software. Refunds do not include the cost of additional services purchased web design/marketing services or coaching. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at FastCloudHost’s sole discretion.

for full refund-policy

Cancellation Process.

You may terminate or cancel the Services by giving FastCloudHost 

 written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) FastCloudHost may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” FastCloudHost will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared accounts will be effective on the account’s renewal date.

Your Privacy. Please read our Privacy Policy.

 

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

E-mail: contact@FastCloudHost.com

Website: www.FastCloudHost .com