The use of services from FansCity.EU [hereafter referred to as "Fanscity"] constitutes agreement to these terms.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case 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.
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot 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.
Abuse & Prohibited Use
Fanscity reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Fanscity staff.
Abuse can include, but is not limited to the following offenses:
A) Any attempts to compromise or actual compromise of a network device belonging to FansCity or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" is also prohibited and may result in termination of service.
D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, software, ring tones or anything else considered "warez". Any complaint received will be investigated and may result in suspension of service.
E) Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal is strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
G) The use of IRC software, Bit Torrent software, Proxy software, and automated "bots" is strictly prohibited.
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
You agree to supply appropriate payment for the services received from Fanscity, in advance of the time period during which such services are provided. You agree that until and unless you notify Fanscity of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Fanscity, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.
Fanscity reserves the right to change the monthly payment amount and any other charges at anytime but with at least 1 month prior notice.
Discount & Coupon Codes
Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the account, closure of the account or retroactive adjustment of related charges. Fanscity reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, Fanscity reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Money Back Guarantee
If an account with a thirty (31) day money-back guarantee is purchased and cancelled within thirty (31 days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a thirty (31) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (31) days.
Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund.
Bandwidth & Storage Usage
You are allocated a monthly bandwidth and storage allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Backups & Data Loss
Your use of this service is at your sole risk. Our backup service runs once a day and only 30 days of backups are kept. This service is provided to you as a courtesy. Fanscity is not responsible for files and/or data residing on your account. Customer agrees to maintain a current copy of all content hosted by Fanscity notwithstanding any agreement by Fanscity to provide backup services.
Reseller Client Responsibility
Resellers are responsible for supporting their clients. Fanscity does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Fanscity will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
You CAN NOT host your friend's site or create a paid or free fansite hosting if you haven't ordered the "business" addon.
Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting to other people. If you wish to resell hosting you must use a reseller account.
Any account determined to be using excessive resources to such an extent that it impacts upon other users’ accounts may have their accounts suspended. Excess resource usage includes but is not limited to, cpu loads, memory usage, mysql usage and other server related usage. Before suspending your site we'll try to find a solution so you can keep being hosted with us. Please do NOT host backups in your site, we can remove them if they're hosted for more than a week unless you contact us first.
Fanscity strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Fanscity monitoring systems or Fanscity authorized/contracted outside monitoring services. If Fanscity fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Fanscity does not credit a full month's service for minor downtime. This would not be financially healthy for Fanscity, and in turn would only negatively affect the service level Fanscity provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Fanscity may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month’s service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the FansCity network caused by or associated with:
A) Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
B) Backbone peering point issues
C) Scheduled maintenance for hardware/software upgrades
D) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Fanscity utilizes only name brand hardware of the highest quality and performance.
E) Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
F) DNS issues not within the direct control of FansCity
G) Network floods, hacks, attacks from outside parties or individuals
H) Failure or error of any Fanscity monitoring or measurement system
I) Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Fanscity service(s) in breach of Fanscity and Service Guidelines (AUP), by Client or others authorized by Client.
Right To Refusal Without Cause
Fanscity may refuse to accept any customer or any website for participation in the Fanscity network as determined by Fanscity at its sole discretion.
Changes To The TOS
Fanscity reserves the right to revise its policies at any time without notice.