Terms of Use – Fairhost

Terms of Service

Last updated on 06 May 2023

These Terms of Service (the “Agreement”) are an agreement between Fair Host (PTY) LTD (“Fair Host”, “us”, “our”, or the “Company”) 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 Fair Host and of the Fair Host 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.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies.

– Privacy Policy

– Payment/Refund Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

When you register for or use our services, you’re making a representation and a warranty to us. You’re saying that you’re at least 18 years old, and that the services are intended solely for users who are 18 years of age or older. Unauthorized use of or access to our services by anyone under 18 is strictly prohibited and a violation of this agreement.

If you use our services on behalf of someone else, you agree that you’re authorized to bind that person to this agreement. You also agree to act on their behalf with respect to any actions you take in connection with our services.

Fair Host (PTY) LTD takes seriously the accuracy, completeness, and currency of the information provided on registration forms, including your email address. As our valued customer, you agree to provide us with accurate information, including an email address that is different from the domain you are signing up under, to ensure that we can reach you in case of any abuse issues or other concerns. It is your responsibility to keep your contact information, including any domain accounts, up to date and accurate at all times.

Please note that if there is any lapse in the Services due to outdated or inaccurate contact information, Fair Host (PTY) LTD will not be held responsible. To avoid any inconvenience, you can use our Billing and Support Portal to update your contact information. However, if you provide false contact information, we reserve the right to terminate your account.

By creating an account with us, you agree to take full responsibility for all activities that occur under your account and for any actions taken through your account. It is your responsibility to keep your password and other security-related information confidential and secure. We are not responsible for any unauthorized access or use of your account.

Prohibited Activities

At Fair Host (PTY) LTD, we expect our customers to use our products and services for lawful purposes only. We strictly prohibit the transmission, storage, and distribution of any content or material through our network that violates the laws of South Africa, including but not limited to:

Child pornography, hate speech, discrimination, speech designed to incite violence, intimidation or hatred, and any violation of exchange control laws.
Defamatory material, harassment, and threats to individuals in South Africa or beyond its borders.
Infringement on intellectual property rights and copyright laws, including the distribution of pirated or illegal software, video, and voice content and recordings.
Violation of another person’s right to privacy and applicable data privacy laws.
Fraudulent activities, such as pyramid schemes, impersonation of another customer, and unauthorized transaction attempts.
Activities that threaten the functioning, security, and integrity of our network and services, including but not limited to:
- Gaining unauthorized access to the network or circumventing any security measures.
- Using our services to circumvent user authentication or security of any host, network, or account.
- Forgery of any TCP/IP packet headers, email headers, or newsgroup postings.
- Breaching or attempting to breach the security of another customer or gaining access to their computer, software, or data without consent.
- Denial of service attacks, flooding of a network, overloading a service, or unauthorized probes of others’ networks.
- Posting, transmitting, linking to, or distributing any information or software that contains viruses, trojan horses, worms, malware, botnets, or any other harmful component.
- Unauthorized access, use, probe, scan, or monitoring of a system’s security or authentication measures, data, or traffic.
- Running services and applications with known vulnerabilities and weaknesses, including traffic amplification attacks and CGI scripts installed on our servers.
- Employing posts or programs that consume excessive CPU time or storage space or reselling access to our services.
- Sustained network throughput of more than 200Mbit/s for longer than 240 minutes or 500Mbit/s for longer than 20 minutes.

We take these policies seriously and will investigate any violation thoroughly. If we determine that a customer has violated these policies, we may suspend or terminate their account without notice.

Transfers

At Fair Host, we offer a courtesy transfer service for up to 1 cPanel accounts, subject to the condition that we can obtain a complete cPanel backup from your current host and that the compressed account size does not exceed 1 GB. Additional migrations beyond the initial 1 are available at our standard hourly admin rate. We reserve the right to modify or discontinue our transfer policy at any time.

Please note that we cannot guarantee the availability, feasibility, or time required to complete an account transfer, as hosting companies are configured differently, and some platforms may store data in incompatible or proprietary formats. While we make every effort to assist you in the transfer process, we may not be able to migrate all of your data from your old host. The free transfer service is available for 30 days from the date of sign-up, and transfers outside of this period may be subject to a fee, which can be obtained from our Support department.

Fair Host will not be responsible for any lost or missing data or files resulting from a transfer to or from our services, and you are solely responsible for backing up your data in all circumstances.

Consequences of Breach of the Terms of Service

As a condition of using Fair Host (PTY) LTD’s services, customers and their users are required to adhere to the Terms of Service (TOS). In the event of a complaint or the discovery of an incident that violates the TOS, Fair Host reserves the right to take the following actions:

Verify that customers’ mail servers are not being used for public relay and provide the results of the check to the customer.- Check the mail servers of customers using Fair Host’s mail servers for “smarthosting” or similar services to ensure that the servers are secure against public relay. All checks will be done in compliance with Fair Host’s Privacy Policy and South African law.
Intercept and/or block incoming or outgoing electronic mail if it is suspected to be spam or in violation of Fair Host’s TOS.
Suspend or terminate services provided to the customer if they are found to be transmitting spam or violating the TOS in any other way.
Pursue civil legal remedies and notify law enforcement agencies if a violation is suspected to be a criminal offense.
Notify the user’s network administrator of any network issues and request that they address the issue in compliance with the TOS.
Warn individual users, suspend their account, or revoke/cancel their network access if they violate the TOS.
Assist other networks or website administrators in investigating credible suspicions of TOS violations.
Institute civil or criminal proceedings.
Share information about the incident with other internet access providers.
Charge the offending parties for administrative and legal costs, including machine and human time lost due to the incident, attorney fees, and cleanup/investigation fees.
Suspend or cancel the client’s services.
Withhold any refund, account credit, or prepaid amounts.

These terms are unique to Fair Host (PTY) LTD and are protected by Fair Host’s copyright.”