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Terms of Service

Terms of Service

  • Fog Hosting Terms
  • All services provided by Fog Hosting may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Fog Hosting from any claims resulting from the use of service which damages the subscriber or any other party.
    Prohibited are sites that promote any illegal activity or present content that may be damaging to Fog Hosting’ servers, or any other server on the Internet. Links to such materials are also prohibited.
  • Unacceptable content or links for shared hosting,reseller hosting:
  • Topsites
    IRC Scripts/Bots
    Proxy Scripts/Anonymizers
    Pirated Software/Warez
    IP Scanners
    Bruteforce Programs/Scripts/Applications
    Mail Bombers/Spam Scripts
    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.
    File Dump/Mirror Scripts (similar to rapidshare)
    Commercial Audio Streaming (more than one or two streams)
    Escrow/Bank Debentures
    High-Yield Interest Programs (HYIP) or Related Sites
    Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    Sale of any controlled substance without prior proof of appropriate permit(s)
    Prime Banks Programs
    Lottery Sites
    MUDs/RPGs/PBBGs
    Hateful/Racist/Harassment oriented sites
    Hacker focused sites/archives/programs
    Sites promoting illegal activities
    Forums and/or websites that distribute or link to warez/pirated/illegal content
    Bank Debentures/Bank Debenture Trading Programs
    Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    Mailer Pro
    Unacceptable content or links for Cpanel Reseller, Master Reseller, Cloud Servers and dedicated servers:
  • IRCD (irc servers)
    IRC Scripts/Bots
    Pirated Software/Warez
    IP Scanners
    Bruteforce Programs/Scripts/Applications
    Mail Bombers/spam Scripts
    Escrow
    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.
    High-Yield Interest Programs (HYIP) or Related Sites
    Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
    Sale of any controlled substance without prior proof of appropriate permit(s)
    Prime Banks Programs
    Lottery Sites
    Hateful/Racist/Harassment oriented sites
    Hacker focused sites/archives/programs
    Sites promoting illegal activities
    Forums and/or websites that distribute or link to warez/pirated/illegal content
    Bank Debentures/Bank Debenture Trading Programs
    Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
    Mailer Pro
  • NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $60.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Fog Hosting WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
  • Overselling / Fair Usage
  • You must not needlessly create accounts, install any script/software or upload any files which add space usage if you have no intention of using them.
    As part of our fair usage policy, excessive CPU usage is not allowed. You may not initiate the following on our shared hosting servers:
  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
    Run stand-alone, unattended server-side processes at any point in time on the server.
    Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
    Run cron entries with intervals of less than 15 minutes.
    Run download sites.
    cPanel backup file is disabled as customers are abusing it by generating 10 or more backup at one time or running an automated backup every 5 minutes. This is not allowed. You can however request from us to backup an account for you and we will gladly do it.
    Customer may not use disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files (mp3/wav), applications, zip/rar/iso files. Your account is to be used for hosting a website and not for file storage.
    Resource Limitations
  • In order to provide the best uptime possible, your sites must comply with the following limitations:
    PHP:
    upload_max_filesize = 20M
    memory_limit = 120M
    max_execution_time = 30
    max_input_time = 60
    MySQL:
    max_user_connection = 25
    CPU:
    No script may use more than 20% of CPU
    Memory:
    No Script may use more than 300 MB of memory or executing more than 20 processes continuously for longer than 15 minutes
    Email:
    100 emails per hour, per domain
  • File Usage and Storage
  • Hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting service not a remote file storage service. Any web site whose disk space usage for storing the files exceed 75% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be suspended or terminated with or without prior notice depending on the severity of the harm.
  • Unlimited Space & Bandwidth
  • Nothing in the world is unlimited, and that includes server space and bandwidth. Here at Fog Hosting, we do not keep track of how much space you are using. Clients are allowed to use as much as long as they are not crippling the servers with the amount of space, bandwidth, accounts and server resources they are using. Generally, with unlimited space and bandwidth, you will be able to use it without encountering problems but if your website is crippling the server then Fog Hosting has the right to suspend or terminate your site with or without prior notice.
  • Traffic Usage
  • All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $2.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
  • IRC
  • We currently do not allow IRC or IRC bots to be operated on our servers.
  • Server Abuse
  • Any attempt to undermine or cause harm to a server or customer of Fog Hosting is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
  • Refusal of Service
  • We reserve the right to refuse, cancel or suspend service, at our sole discretion.
    All sub-networks, distributive hosting sites and dedicated servers of Fog Hosting must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
  • Support
  • Fog Hosting provide provide support by ticket system and live chat. Fog Hosting response of support ticket within 45 minutes. And maximum response time within 8 hours. Live chat is available 8AM to 11PM .
  • Billing
  • By the Account Activation Date of each month, Fog Hosting shall either:
    (1) debit the client’s credit card (when such information has been provided by the client); or
    (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Fog Hosting by no later than the specified payment due date. Fog Hosting shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
  • Service Fees
  • Certain services carry a setup fee charged by Fog Hosting to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Fog Hosting and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
  • Money back guarantee & refund policy
  • We offer a 30 days Money back guarantee for Shared, Reseller.
    Cloud VPS money back guarantee period is 24 Hours.
    Refunds: If client has retained the services for one year and has pre-paid Fog Hosting for such services, refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
    We donot give money back guarantee for SEO and Domain name registration service and Dedicated Servers.
  • Account Deactivations
  • Any account deactivated due to non-payment will require a reactivation fee of $25.00 prior to reactivation.
  • Cancellation Refunds
  • We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
  • Refusal of Service
  • We reserve the right to refuse, cancel or suspend service, at our sole discretion.
  • Limitation of Liability
  • Fog Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Fog Hosting ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Fog Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Fog Hosting ‘ servers. All damages shall be limited to the immediate termination of service.
  • Violations
  • Violations of these Acceptable Use Policies should be referred to contact@foghosting.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
  • Disclaimer
  • Fog Hosting cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Fog Hosting are resold. Thus, certain equipment, routing, software and programming used by Fog Hosting are not directly owned or written by Fog Hosting. Moreover, Fog Hosting holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Fog Hosting sees fit.
  • Account Activation
  • By activating your account with Fog Hosting, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
    NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
  • Service Activation
  • After successfully payment for new service, we verify new customer identification Proof. By this proofing, we ask government approved photo identity card. After successful identification, we provide the new customer service.
  • Server Uptime Guarantee
  • Fog Hosting guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
    Fog Hosting reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
  • Tortious and Other Unreasonable Conduct
  • Any abuse towards any Fog Hosting employee will not be tolerated. You are expected to request and respond to support, billing and other issues in a professional manner, when emailing, calling or submitting online tickets to Fog Hosting. Any cursing, yelling, or further intentional disruptive behavior aimed at Fog Hosting or its employees shall be considered a violation of this Terms of Service agreement.
  • Any threat; whether orally, verbally, in writing, via E-mail, via Live Chat directed towards Fog Hosting or any of Fog Hosting ‘s employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given for termination of the Services for violation of these provisions.
  • Fog Hosting reserves the right to cancel, suspend or terminate any or all of the Services after receiving billing, sales or technical requests which Fog Hosting, in its sole discretion, considers unreasonable or excessive. Fog Hosting may limit, at any time or without prior notice to you, the availability and type of billing support provided.
  • *Refund Policy: Client have to proof Fog Hosting do not able to provide service.