Term of Service

Term of Service

We have a responsibility to protect each client and to provide the best services.

All Accounts on our servers are setup according to these terms.
Term of Service

This Terms of Service is a legally binding contract between FaberHost and you ("Customer," "you" or "your"). By purchasing the services you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement. You also agree that you are at least eighteen (18) years old and have the legal ability to engage in a contract in Indonesia. If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the services. If you are already a customer of FaberHost and do not agree with the terms and conditions set forth in this agreement, you should immediately contact FaberHost to cancel your services.

  1. Ownership Account
    1. The individual or entity set out and stored in our database or records as the primary contact shall be the owner of the account. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue, your service status and account status such as domain renewal, hosting renewal,a need to contact you the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and up to date at all times.
    2. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account, services, and domain.
    3. If you fail to meet these requirements, the order may be considered fraudulent and will be denied.
  2. Acceptable Usage Policy (AUP)
    1. You shall use FaberHost's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the Republic of Indonesia is prohibited. This includes, but is not limited to: material that is threatening or obscene, pornography or content perceived to be pornography, illegal, or material containing terrorism aspects. Any account found to be in violation of the law of the Republic Indonesia may be removed from our servers (or otherwise disabled), with or without notice.
    2. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorised copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws may be removed from our servers (or otherwise disabled), with or without notice. If you believe that your copyright or trademark is being infringed upon, please email support@faberhost.com with the information required. If the request is of a licensing issue, we may require further documentation.
    3. FaberHost reserves the right to terminate services from our server with or without notice for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether FaberHost is the appropriate service provider for you:
      • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
      • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
      • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
      • DoS Source - Source of Denial of Service Attack
      • DoS Target - Target of Denial of Service Attack
      • File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
      • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
      • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
      • HYIP - Hosting or Linking to a High Yield Investment Program Website
      • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
      • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
      • Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
      • IRC - Internet Relay Chat Server, including IRC Scripts/Bots
      • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
      • PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc
      • DoS Target - Target of Denial of Service Attack
      • File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
      • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
      • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
      • HYIP - Hosting or Linking to a High Yield Investment Program Website
      • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
      • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
      • Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
      • IRC - Internet Relay Chat Server, including IRC Scripts/Bots
      • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
      • PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc
      • Pharmacy Sites - Sites that facilitate the sale of any controlled substance without prior proof of appropriate permit(s), including but not limited to sites designated rogue on legitscript.com
      • Phishing - Identity Theft by Email Under False Pretense
      • Proxy Site - Hosting of or linking to an Anonymous Proxy Server
      • Bulk Email - No more than 500 emails of similar content (Opt In)
      • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
      • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
      • Spam Site - A Site Advertised by Spam Email or Spam Web
      • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
      • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
      • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
      • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
      • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
      • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
      • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
      • Any other material FaberHost judges to be threatening or obscene.
    4. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticketing support / email and will have a response within 24 hours. If in doubt regarding the acceptability of your site or service, please contact us at support@faberhost.com and we will be happy to assist you.
    5. The customers are not allowed to take part in any act/activity that can disturb the performance of FaberHost server and the convenience of other customers. Any account found to takeup or resource and performance may be removed from our servers (or otherwise disabled), with or without notice.
    6. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
    7. As FaberHost Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client's website or Client's Email is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to indemnify and hold harmless FaberHost in the event of third parties' legal issues brought against Client for Client's business practices.
    8. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account. Which actions we may take is our sole discretion with or without notice.
  3. Zero Tolerance Spam Policy & Email Usage
    1. FaberHost maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution, or delivery of any bulk e-mail. This includes unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail. Any user who sends out spam will have their account terminated with or without notice
    2. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated
    3. Each domain has a limit to send 500 emails per hour, any email sent more than this time limit will received error message. If this happens, please wait for 1 hour to send further email.
    4. Email sent using email client (pop3/imap) can only be checked 60 emails every hour in 1 IP address.If this happens you will usually receive error message, or wrong password error message. To avoid this situation please deactivate auto-checking or set higher checking duration.
    5. If you are using mailing list, no matter how big your email storage, email sending needs to use 'throttle' 1 email for every 8 seconds. Therefore in one hour you can send 450 emails so it does not breach your email send limitation. Mass emails in one go will cause high server load time therefore causing server instability and service interruption. If your software cannot do throttle, we suggest you to use PHPlist.
    6. IFaberHost reserves the right to charge the holder of the account used to send any unsolicited e-mail, a clean-up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of FaberHost.
  4. Backup and Data Loss
    1. Your use of FaberHost services is at your sole risk. This service is provided to you as a courtesy. FaberHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FaberHost's servers. Any and all backup services provided by FaberHost, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by FaberHost.
    2. FaberHost shall not be responsible for any damages to the User Content, the User Web site, or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
    3. If you ask FaberHost to restore a backup of your data that is located on a backup server maintained by FaberHost, you will receive one courtesy backup restore per calendar month. For any further restores within the same calendar month, you agree to pay a non-refundable "restoration fee" of Rp. 250.000,- or USD 25.00 per backup restored to complete the request. By requesting that FaberHost restore a backup for you, whether paid or unpaid, you also confirm a backup restoration will overwrite any and all current data on your account. FaberHost cannot be held liable if a backup restoration does not complete successfully. FaberHost will never charge a backup fee to restore a backup to address an error or omission caused by FaberHost.
    4. FaberHost does not maintain backup copies of User Web sites or e-mail. FaberHost cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and FaberHost strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
  5. Resource Usage
    1. YEach customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all FaberHost customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. FaberHost reserves the right to suspend or terminate services on any account that, at its sole discretion, is abusing resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
    2. While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up :
      • 10% CPU Usage
      • 5% Memory Usage (or 512 MB)
      • 50 Running Processes
      • 15 Minute Max Execution Time
      • 100,000 Total Inodes
      • 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)

      We reserve the right to take your site offline. If this becomes necessary, you can either upgrade your service to dedicated server. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

  6. Unlimited Bandwidth and Unlimited Email Account and other Unlimited Resoures.
    1. FaberHost provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in FaberHost's web pages describing the package of Services purchased at the time of purchase
    2. In some cases, FaberHost may not establish a specific amount of bandwidth and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. FaberHost reserves the right to suspend, discontinue or delete the accounts of Users whose use of bandwidth or other resources results in or presents the risk of degradation of service to other customers.
    3. FaberHost will monitor User's use of bandwidth and other resources. FaberHost, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services. It may also result in removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in FaberHost's sole and absolute discretion.
  7. Domain Name Policy.
    1. FaberHost will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact FaberHost within three (3) days of the incident for FaberHost to investigate. Redemption fees may be charged to Customers for domains that remain expired for more than seven (7) days, when no contact is made to FaberHost in the required timeframe.
    2. If you still do not contact us and confirm the renewal your domain, it will be considered after the redemption period. The domain will go through a short deletion period before it is opened back up to be repurchased by the general public. You acknowledge that FaberHost is not responsible for your domain during this deletion period and opening back up to general public.
    3. You may transfer all domains to FaberHost. To do so, we may ask technical information or authentification domain codes (EPP Code) to unlock your domain status. If you do not provide this information, we may not transfer the domain to our environment.
    4. You may transfer away from FaberHost any domain name that you have purchased via the FaberHost online ordering system to any other web hosting company or domain registrar at any time you desire providing the domain name is fully paid up, does not have any active or outstanding invoices due, and is not in redemption.
    5. FaberHost is only accepting transfer to FaberHost or transfer away from FaberHost. Such a domain transfer request is done either via email to support@faberhost.com, online ticketing support, or via fax which need to include your header and signature. The requestmust be made no less than 15 days prior to the domain name expiration date otherwise you have to renew your domain and then request a transfer again.
  8. Multi-Location Hosting
    1. FaberHost does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. FaberHost also reserves the right to deny the transfer of any account to a new location for any or no reason.
  9. Restrictions on Storage Space Usage.
    1. All accounts are subject to the following restrictions on storage space usage:
      • Accounts must have valid, working websites, and not violate any previously subscribed terms
      • Accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by FaberHost, at its sole discretion
      • Accounts are not for use of mass distribution of files, such as torrents or mirrors.

      Any account found violating these terms may be suspended or terminated without warning.

  10. Uptime Guarantee.
    1. FaberHost will attempt to provide services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that as a web hosting provider and due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions, and at other times we undertake periodic maintenance procedures or repairs to maintain our web design and development. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
    2. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to share / reseller solutions. Dedicated servers are covered by a network guarantee which is not related to our uptime guarantee
  11. Payment Information.
    1. All fees are billed in Indonesia Rupiah (Rp) or in United States Dollars (USD).
    2. You agree to supply appropriate payment for the services received from FaberHost, in advance of the time period during which such services are provided. You agree that until and unless you notify FaberHost of your desire to cancel any or all services received, those services will be billed on a recurring basis.
    3. An automatic renewal service invoice will be generated by our system and will be sent to the customer's primary email address for renewal of services. As a client of FaberHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. It is the customer's responsibility to notify our billing team via email at billing@faberhost.com after paying for renewal services and to ensure the email is received and acted upon.
    4. Any outstanding invoice will result in an account suspension until the invoice has been paid in full. Access to the account will not be restored until payment has been received.
    5. If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, FaberHost holds the right to delete all data you have uploaded to the servers with or without notice. You hereby acknowledge that this is FaberHost policy when it comes to data retention, and waive all rights in and to your data in these situations.
    6. FaberHost is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, FaberHost reserves the right to refuse to re-activate your services until any and all outstanding invoice(s) have been paid in full.
  12. Cancellation and Refunding .
    1. You may cancel service(s) with FaberHost by submitting a cancellation request in writing by email to billing@faberhost.com and our Billing Department will assist you; however, cancellations are not final until confirmed by a representative of FaberHost in writing by email.
    2. There are no refunds on shared hosting, dedicated servers, colocation servers, domain name purchases, administrative fees, cancellation requests, or install fees for custom software.
    3. Violations of the Terms of Service will waive the refund policy.
    4. In case of unilateral termination/cancellation by FaberHost due to inability in providing the service sustainably due to one matter or another, the refunding will be made on a pro-rated basis.
  13. Dedicated Server.
    1. FaberHost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacentre. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server to prevent downtime from forced password resets. FaberHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact info@faberhost.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
  14. Colocation Server.
    1. FaberHost acknowledges and agrees that the hardware provided by customer to FaberHost is the property of customer and shall be tagged and identified. FaberHost shall not pledge, hypothecate or otherwise encumber the customer hardware in any way and upon demand by customer. FaberHost will grant customer the right to operate customer hardware and equipment in the colocation space.
  15. Support Policy.
    1. Faberhost provides Technical assistance service during the normal business days and hours. Telephone,email support, live chat support and online ticketing support are official methods of support and are governed by the terms and conditions set forth in the following clause
    2. FaberHost will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made to the availability, accessibility, or technical expertise provided via these mediums.
    3. Faberhost provides Technical assistance service during the normal business days and hours. Telephone,email support, live chat support and online ticketing support are official methods of support and are governed by the terms and conditions set forth in the following clause
    4. Inquiries via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the ticket support or email. FaberHost reserves the right to direct any issue to the ticket support or email at its discretion and refuse to provide support for such issues via telephone or live chat.
    5. Advance support to customer is limited to FaberHost's area of expertise and is available only for issues related to the physical functioning of the services. FaberHost does not provide support for any third party software including, but not limited to, software offered by but not developed by FaberHost. FaberHost reserves the right to refuse assistance with and/or assess an "Advanced Support Fee" of USD 100.00 or Rp. 1.000.000,- per hour (2 hour minimum) for any issue that, at FaberHost's sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. FaberHost will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay the advanced support fees as billed.
  16. Discount, Promotional Rate and Special Offers .
    1. FaberHost may offer discounts, promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your services. Any such promotions or modifications shall not affect your obligations under this agreement. We have various discounts, promotion rates and special offer programs that include some services at a special event. The cost of this service is usually covered by the first month's payment. As a result of this discount, promotion rates and special offers are not refundable.
  17. Service Modification.
    1. FaberHost reserves the right to add, modify, or remove any or all features from any service FaberHost provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domains, pricing, and third party applications. These changes can be made for any or no reason and FaberHost does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the service, you may terminate this agreement.
  18. Indemnification.
    1. You agree to indemnify, defend and hold harmless FaberHost, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses, threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to :
      1. your use of the services;
      2. any violation by you of any of FaberHost policies;
      3. any breach of any of your representations, warranties or covenants contained in this agreement; or
      4. any acts or omissions by you
    2. The terms of this section shall survive any termination of this agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services.

  19. Suspension and Termination.
    1. We may at our sole discretion, immediately and with or without notice, terminate or suspend for a period of time all or part of our services to you, including deleting your stored data, in the event that you or your users violate our acceptable use policy, any other provision of the terms of service or any applicable laws. In the event of termination or suspension in this situation, you will not be entitled to any refund.
  20. Changes to the Term of Service.
    1. Faberhost reserves the right to modify this agreement, in whole or in part, from time-to-time. FaberHost will provide you with notices of such a change by posting notice on our website. Unless FaberHost is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the services, you may terminate this agreement. You are encouraged to review the content of this agreement on a regular basis.
  21. Force Majeure.
    1. We will not be liable for any losses or liabilities that you may incur as a result of any force majeure event or law enforcement activity. A force majeure event in the terms of service is an event that is outside our control and will include but not be limited to fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or other utilities.

DISCLAIMER

FaberHost will not be responsible for any damages your business may suffer. Faberhost makes no warranties of any kind, expressed or implied for the services we provide. FaberHost disclaims any warranty or merchant ability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any all service interruptions caused by Faberhost and its employees. FaberHost reserves the right to revise its policies at any time. All sub-networks, resellers, dedicated servers and colocation servers of FaberHost must adhere to the above policies. Failure to follow any terms of service will be grounds for immediate account cancelation.

DISCLOSURE

FaberHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with the law.