Terms of Service

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This policy represents the Fastnvme Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Fastnvme. Fastnvme reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers.

Customers using any services offered by Fastnvme consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Fastnvme. any violators of this TOS may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted.

1) Account Setup / Email on File / Accurate Details

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. 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 or we 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 or up to date at all times. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2) Transfers

Our transfers team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

  1. Transition Period: We will assist you for free in transferring your account from your old provider(s) for up to 60 days from the date your account was registered. After 60 days a fee starting at $10 per cPanel account or site to be moved may apply, at our discretion.

    When transferring from a provider that is not cPanel powered or does not allow access to full cPanel backups, a transfer fee of $25 may apply for a single account or site. Multiple domains configured in an external server may, in some situations, be considered multiple accounts for transfer.

  2. Reseller Transfers: We will transfer up to 25 cPanel accounts per reseller account for free within the first 60 days of service. For standard cPanel account transfers after 60 days or for accounts beyond the initial 80 within the first 60 days may be assessed a $10 fee per cPanel account. Custom control panel transfers start at $25 per site to be transferred.

3) Account Content

All services provided by Fastnvme may only be used for lawful purposes. The laws of the Jalpaiguri Judiciary and India apply.

The customer agrees to indemnify and hold harmless Fastnvme from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized 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. If you believe that your copyright or trademark is being infringed upon, please email hello@Fastnvme.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

You may not add any domain to your account(s) or service(s) with us for which your usage of domain has not been authorized by the domain's owner(s).

  1. Examples of prohibited material include: Explicit Adult Content (such as pornography), IRC Bots, ClickJackers, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, forums that distribute and/or link to warez content and using our servers as VPN/Proxy are not allowed.

    We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

    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 troubleticket/email and will have a response within 24 hours.

    If in doubt regarding the acceptability of your site or service, please contact us at hello@Fastnvme.com and we will be happy to assist you.

  2. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

    Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

    Direct customers: Your services will be terminated with or without notice.

    Violations will be reported to the appropriate law enforcement agency.

4) Account Security

The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.

You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.

All software must be kept up to date, including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation.

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 644 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.

5) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a "safe list" or "double opt-in" will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice. Please read this for our generalized mail policy.

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. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Fastnvme reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of $75 per hour rounded up to the nearest hour.

6) Zero Tolerance Phishing Policy

Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.

Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.

Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of $75 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.

7) Payment Information

You agree to supply appropriate payment for the services received from Fastnvme, in advance of the time period during which such services are provided. You agree that until and unless you notify Fastnvme of your desire to cancel any or all services received according to our Cancellations and Refund Policy those services will be billed on a recurring basis and automatically charged to the payment method on file on the due date.

We accept Visa, MasterCard, Discover, American Express, and PayPal for international clients and for Indian clients we have UPI, Net Banking, Wallets, Domestic Card supported payment gateway. We will accept mail-in payments on annual or longer billing cycles only with prior approval from our billing department.

Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once the cancellation is submitted via our support system you will receive a cancellation confirmation. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Do make sure to check your "spam" or "junk" folder for this confirmation message.

As a client of Fastnvme, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Fastnvme provides a 14 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 14 days and is not paid in full will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5 whichever is greater, when they become 14 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated.

Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact hello@Fastnvme.com.

Fastnvme reserves the right to change the monthly payment amount and any other charges at anytime.

8) Domain Renewal Notices and Domain Renewals

As required by the ICANN we will send a domain renewal notice 30 days and 5 days prior to expiration as well as 5 days after expiration.

We renew domains 7 days prior to their expiration to allow time to resolve any issues that may arise preventing the renewal of the domain such as but not limited to: an expired credit card, insufficient funds in your PayPal account, bank holidays, etc.

If a domain is set to auto-renew we will attempt to renew it automatically on the renewal date. If the domain fails to renew on the renewal date we will try again on the expiration date. If a domain is set to not auto-renew you will still receive the renewal notices 30 days and 5 days prior to expiration as well as the reminder 5 days after expiration although we will not attempt to renew the domain for you. If you do wish to renewa a domain that is set to not auto-renew you can do so manually from the domain details in our support system.

9) Backups and Data Loss

Your use of the service is at your sole risk. Fastnvme 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 Fastnvme servers. While Fastnvme does maintain backups of your files and/or data on our Web Hosting, Managed WordPress and Reseller Hosting platforms we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 25 gigabytes or those that generate more than 250 gigabytes of monthly changes may, at our discretion and with notification, be excluded from our backup systems. All backups including but not limited to cPanel backup files, such as backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. VPS Hosting and Dedicated Server services are not automatically backed up by Fastnvme unless you order backup service during order configuration.

10) Cancellations and Refunds

Cancellations must be submitted via our Billing and Support system at https://my.Fastnvme.com/login. Full step-by-step cancellation directions can be found in our knowledgebase. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Refund requests after the initial 45 days of service will result in a pro-rated credit being added to your Fastnvme client account. Prorated credits will be calculated less any promotions or discounts applied to the term being credited. After 45 days a prorated refund may be given at Fastnvme's sole discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated. Client credit balances are non-refundable.

There are no refunds for credit deposits, website design services, domain registrations, or domain renewals. All licenses are non-refundable including, but not limited to: cPanel Licenses, Plesk Licenses, JetBackup Licenses, Softaculous Licenses, WHMCS Licenses, and LiteSpeed Licenses. Also, SpamExperts, SiteLock, and CodeGuard have no refund policy.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.

Customers may cancel at any time via the cancellation form in your client dashboard. Fastnvme gives you an unconditional 45 day money back guarantee on web hosting, managed WordPress, reseller hosting solutions. There are no refunds on VPS hosting, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for refund.

Fastnvme reserves the right to cancel any account at any time with or without notice. Violations of these Terms of Service will waive the refund policy and no refund or credit will be granted.

11) Resource Usage

Users may not:

  1. Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
  6. Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
  7. Participate in any file-sharing/peer-to-peer activities.
  8. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  9. Run cron entries with intervals of less than 5 minutes without prior written approval.
  10. Use Shared, Premium, or Reseller hosting accounts for the storage of backups or other data not related to active websites.

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php").

When executing a local script via cron, execute it locally via "php -q ~/public_html/the-script-name.php > /dev/null" and not via "wget". If "wget" is absolutely required, append "-O /dev/null" to the end of the cron.

12) 99.99% Uptime Guarantee SLA

If your server has a physical downtime of more than 1 hour, you can request compensation credits for the every hour downtime.

To request a credit, please contact hello@Fastnvme.com with justification. All requests must be made in writing via email within the 7 days following the calendar month where the uptime guarantee was not met.

Terms and Conditions:

  1. The amount of compensation may not exceed the customer’s monthly recurring charge.
  2. Approval of the credit is at the discretion of Fastnvme dependent upon justification provided.
  3. 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.
  4. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services.
  5. SLA Exclusions: Scheduled Network Maintenance, Hardware Maintenance, Software Maintenance, Malicious Attacks, Legal Actions.
  6. Uptime guarantees only apply to Web Hosting, Managed WordPress and Reseller Hosting.

13) Network Availability Guarantee

Our Dedicated Servers and Virtual Private Servers are covered by a network uptime guarantee in which credit is given prorated for the amount of time the network is down. The network availability guarantee only applies to Dedicated Servers and Virtual Private Servers as our Shared, Reseller, and Managed WordPresss offerings are covered by our Uptime Guarantee.

14) Affiliate Program Terms

Fastnvme reserves the right to terminate or suspend the affiliate program or an individual user at any time. Any malicious manipulation of the affiliate program including, but not limited to, cookie stuffing, the use of traffic exchanges, spam, trademark PPC bidding, or incentive offers will result in your permanent removal from this program.

All sales must originate from the customers' unique tracking link. The tracking URL we provide must not be altered. It is unique to each customer and any changes could result in credit not being properly assigned. Fastnvme will not be responsible for, nor give credit for, sales that do not have your unique tracking URL attached to it.

Customers cannot earn credit on their own hosting accounts. Referrals must be new customers.

Affiliate program commissions are credited after the referred client has active services for 120 days. Should the referred services be refunded for an reason including but not limited to under our money back guarantee, cancellation, chargeback, or dispute the referral commssion will be voided.

We make no representation that either our site or that the affiliate program program will be uninterrupted or error-free. We will not be liable for any consequences of interruptions or server down time.