Terms of Service


Complete Terms of Service/User Agreement and Privacy Policy must be agreed to prior to purchase.

Overview

  • Fynhacker Hosting does not allow pornographic material.
  • Fynhacker Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit incoming or outgoing email at any time.
  • Fynhacker Hosting reserves the right to terminate your account at any time without a refund. Reasons for termination include, but are not limited to:
    1. 1.Abuse of the machines - either intentional or due to improper coding

      2.Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "warez", "hacking"/"cracking"/"key generators".

      3.The Services to traffic in illegal drugs, gambling and/or obscene materials.

      4.The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.

      5.Additionally, Fynhacker Hosting reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.

      6.Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.

      7.Attempts to circumvent any of our security policies, procedures or systems.

1.User Agreement

This User Agreement ("Agreement") is an agreement between FYNHACKER HOSTING.("Company") and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

    i.Acceptable Use Policy. Under this Agreement, Customer shall comply with Company's then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Company, which currently can be viewed under the Legal Details section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Company does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, You will be responsible for Your customers' content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, Company may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Company takes corrective action due to a violation of the AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer's customers due to any corrective action that Company may take (including, without limitation, disconnection of Services).

    ii.Term; Termination; Cancellation Policy.

    The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY.

    iii.Customer’s Responsibilities.

    • Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
    • Customer will cooperate fully with Company in connection with Company’s performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under this Agreement will extend the time for Company’s performance of its obligations that depend on Customer’s performance on a day for day basis. Customer will notify Company of any change in Customer’s mailing address, telephone, electronic mail or other contact information.
    • Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
    • Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.

2.Billing & Payment

All fees for the Services shall be in accordance with Fynhacker's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card,or by M-Pesa/Tigopesa for Tanzanian customers.

3.Storage and Security.

You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Fynhacker servers; and (iv) ensure the confidentiality of Your password.

4.Customer Support.

Fynhacker provides customer support to You at no additional fee for issues related to Fynhacker Services only. Fynhacker has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. Fynhacker will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in Our sole and absolute discretion, what must be provided for verification purposes.

5.Compliance with Local Laws.

Fynhacker makes no representation or warranty that the content available on this site or the Services We offer are appropriate in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this site or use Our Services are responsible for compliance with all local laws, rules and regulations.

6.No Spam; Liquidated Damages.

No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications.

7.Final Agreement.

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Fynhacker’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

If you have any questions concerning the above stated terms and conditions then please Contact us.