Terms of Service
This policy represents the Farbyte 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 Farbyte.
Farbyte reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.
Customers using any services offered by Farbyte consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Farbyte, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
1. General Provisions
In consideration for Farbyte maintaining one or more accounts (each "account"), you agree to the following terms of service.
- "We", "Us", "Provider", "Company" or "Farbyte." - Farbyte Ltd.
- "You", "Your", "Client", "Customer", or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
DISCLAIMER OF WARRANTY
The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Farbyte offers a 99.9% network uptime guarantee. This is valid for only the network infrastructure. Farbyte will pursue all resources and channels available to maintain maximum uptime; however, Farbyte is not responsible for any down time caused by a client's error.
FARBYTE MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Farbyte nor anyone else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Farbyte, even if Farbyte has been advised to the possibility of such damages.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FARBYTE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE FARBYTE'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF FARBYTE'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHERIN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FARBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FARBYTE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO FARBYTE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FARBYTE'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Farbyte and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable legal fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Farbyte's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Farbyte's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by Farbyte's gross negligence or wilful misconduct; and (d) any other damage arising from your equipment or your business.
2. Services Provided by Farbyte
WEB HOSTING SERVICES
Farbyte will provide web hosting services or internet server rental ("the service") to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows Farbyte members to maintain internet websites, receive, and maintain email accounts, and access web space via FTP to upload files for their websites. For the term of the agreement as set forth herein, Farbyte agrees to provide these services according the plan selected by you upon activation of your account. Farbyte reserves the right to change, amend, and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on the Farbyte website at the time you create your account and remain in effect throughout the term of your agreement. Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.
Farbyte members will use the provided services in a manner consistent with any and all applicable laws of the United Kingdom and, if applicable, the country where the Farbyte server hosting the service is physically located. Farbyte provides the services exclusively and makes no effort to edit, control, monitor, or restrict the content of data other than as necessary to provide such services. If any of the below activities are committed, Farbyte can terminate a client's account without notification.
DOMAIN REGISTRATION AND DOMAIN RELATED SERVICES
Farbyte does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. Farbyte does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.
Farbyte will not own or otherwise control any domain name registered on your behalf. Farbyte provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Farbyte for any and all damages, losses, claims, or expenses arising from or related to the acquisition, registration and/or use of the domain name. Any costs incurred by Farbyte to obtain and/or maintain the domain name on your behalf shall be charged to you by Farbyte under the provision therefore elsewhere herein.
Domains are only free of charge for the duration of the Shared Hosting package life. If transferred to other packages or providers, domains are subject to applicable fees and standard registration charges will apply.
DOMAIN PRIVACY AND REGISTRATION SERVICE
Upon request, the Farbyte member may elect to use Farbyte's Privacy Registration Service. If so, you agree to be bound by the terms of the Farbyte which may be found on the Farbyte website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set for that length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Farbyte services.
Farbyte offers this service in compliance with all domain name registration laws and obligations under all jurisdictions. This includes acceptable terms as illustrated by ICANN listed at www.icann.org and www.nominet.org.uk/
Farbyte offers a listing of additional services in conjunction with its domain registration and web hosting services. The terms of these services are governed by this agreement. The details of these services are as indicated within the Farbyte website.
IP ADDRESS OWNERSHIP
During the course of providing services to a customer, Farbyte may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Farbyte shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Farbyte reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
3. Acceptable UseGENERAL ACCEPTABLE USE POLICY
The following applies to all Farbyte services.
- Client Content & Data Transfer: The client agrees that web pages and files uploaded to Farbyte servers, and data transfers through the Farbyte servers will not violate any laws or regulations of the United Kingdom and/or any other country the Farbyte server is physically located in; infringe on any intellectual property rights of Farbyte or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Farbyte or any third party. Customers may not run IRC, bots, botnet controllers or clients. Unacceptable uses also include: bulk unsolicited emailing, newsgroup spamming, child pornography, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Farbyte will be the sole and final arbiter as to what constitutes a violation of this policy. Farbyte does not normally monitor the contents of client's servers; however, if suspicion occurs, Farbyte reserves the right to investigate and terminate the client's subscription to the service.
- Bandwidth Usage: Farbyte offers a generous amount of data transfer per month. Farbyte reserves the right to review and place limitations on those accounts that adversely affect an individual server’s processing performance.
- No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a Farbyte server is not tolerated. This includes any email that promotes websites hosted on a server located on the Farbyte network, but is sent from an email address not associated with that Farbyte account. The client shall not use his/her Farbyte services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Farbyte reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a £200 clean-up fee if an account was suspended for policy violation. In the event of a dispute Farbyte reserves the right to determine, in its sole and discretion, whether email recipients were from an opt-in email list.
- False Information: The client agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any newsgroups or service provider contact Farbyte concerning unethical, false, or unlawful activities by you, Farbyte reserves the right to terminate your service without notice.
- Licensed Software Only: The client agrees to use only properly licensed third party software in connection with the client's use of the services.
- Back-Up Files: Farbyte provides the tools needed to create back-ups of account data. It is the responsibility of the customer to keep up-to-date archives of his/her backed up data. Farbyte is not responsible for any lost data.
- No Unauthorized Scripts or Executables: The customer agrees not to run any scripts, executables, or other programs or processes on Farbyte servers or other equipment that will in any way adversely affect the performance of said equipment.
- Violation of Intellectual Property Rights: The customer agrees that it shall not violate any intellectual property rights and that it shall not resell services to any party which violates intellectual property rights. Any violation of any individual or entity's intellectual property rights including rights of privacy and rights of publicity are prohibited. Farbyte is required by law to remove or block access to content appearing on or through the services upon receipt of proper notice of copyright infringement.
- Viruses and Other Destructive Activities: Use of the services for creating or sending malicious, destructive, or nuisance code, examples of which include but are not limited to, viruses, worms and Trojan horses, or for pinging, flooding or mail-bombing, or engaging in denial of service attacks is prohibited and is a breach of this agreement. The customer also agrees not to engage in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the services (or any connected network, system, service or equipment).
- Malicious or Unauthorized Hacking: The customer agrees not conduct or promote any 'hacking' activity and agrees that 'hacking' as herein defined includes but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in malicious or unauthorized hacking or cracking. Any such activity on the part of customer is a material breach of this agreement.
- Child Pornography: The use of the services to store, post, display, transmit, advertise, or otherwise make available child pornography is prohibited. Farbyte will as required by law, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the services.
- Other Illegal Activities: The use of the services to engage in any activities that are determined by Farbyte, in its sole and absolute discretion, to be illegal or which in Farbyte's opinion are likely to be found to be illegal is prohibited. Such illegal or potentially illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, password and cracking information, fraudulently charging credit cards or displaying credit card information or other private information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Farbyte will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the services.
- Obscene, Defamatory, Abusive or Threatening Language: Use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive, or threatening language is prohibited. In addition, any such behaviour towards members of Farbyte staff will result in the immediate termination of your service without refund.
- Prohibited Activities: The client will not run services or software related to Internet Relay Chat ("IRC"), Peer To Peer File Sharing("P2P"), bit torrent, commercial card sharing or open proxy server network. The client is strictly prohibited from running a P2P membership or community site for file sharing, video sharing or photo sharing. The above activities consume a great deal of server resources and are strictly prohibited.
- Other Prohibited Activities: Engaging in any activity that, in Farbyte's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the services, Farbyte's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Farbyte's customers to effectively use the services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this agreement. In addition, the failure by a customer to cooperate with Farbyte in correcting or preventing violations of this agreement by, or that result from the activity of, a customer of the subscriber is a violation of this agreement.
In addition to our General Acceptable Use Policy the following applies to all our shared hosting accounts:
- Cron jobs: The client agrees not to run individual cron entries with intervals of less than 15 minutes or multiple cron jobs for the same task.
- Excessive Resource User Policy: Resources are defined as bandwidth, memory, and/or processor utilisation. A website is considered using "excessive amounts of resources" when it monopolises the resources available using 1% or more of system resources for longer than 60 seconds. There are numerous reasons that could cause such problems including, but not limited to: cgi scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Farbyte will be the sole and final arbiter as to what constitutes a violation of this policy.
- Data Warehousing: The servers provided by Farbyte are intended for web services use only. Any use of our servers for file storage, data warehousing, email warehousing, back-up data storage, or any form of data file storage or management is prohibited. Farbyte servers are intended for web enabled services and hosting. Power Plan users are not allowed to store email messages older than 6 months within the Power Plan account.
In addition to our General Acceptable Use Policy the following applies to all our VPS services:
- Resource Utilisation: Farbyte reserves the right to temporarily suspend / disable any VPS heavily utilising system resources. In some cases clients may be required to upgrade their service package in order to accommodate actual usage.
- Filtering: Farbyte reserves the right to filter, throttle or block IP and/or IP ranges or ports. For example, this could include known spammers, IRC, limiting peer to peer file sharing, etc. This may also include the prioritisation of other types of traffic such as VOIP, etc.
- Anonymisers & Proxies: Farbyte strictly prohibits the use of anonymisers or proxies without password protection and sufficient logging (including anonymous web surfing proxies and open mail proxies).
4. Fees & Payments
Farbyte charges the following fees where applicable. All such fees are subject to change with 30 days notice. Not all fees are applicable to all accounts.
- Set-Up Fee: This is a one time fee that may be charged in connection with the establishment of a new account.
- Service Fee: This is the fee for monthly, 3 month, 6 month, annual, biannual and triennial services provided by Farbyte.
- Domain Registration Fee: This is the fee for the registration of a domain name and is non-refundable.
- Other Service Related Fees: These are fees for additional services that you may choose to add to your account.
- Change of Plans: Farbyte also reserves the right to alter, change, amend, or delete fees at its sole discretion. Farbyte further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.
- Client Plan & Resource Upgrades: Upgrades performed to any package or service resource are billed for the entirety of the remaining billing period. Pro-rata refunds are not issued for package or service resource downgrades.
- Promotions & Offers: Farbyte reserves the right to offer promotional rates which may or may not be more favourable than the terms under which you entered this agreement. Any special rates shall not affect the existing rights and responsibilities of each party. Farbyte also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
- Payment of Fees: Farbyte accepts payment by credit card (Visa, MasterCard, American Express) or by Paypal account.
- Payment Obligations: Full payment is required in advance before hosting service is established. Farbyte sends out invoices that are due every pay period. From due-date, you are given five (5) days to fully pay the invoice. You warrant and represent that the information you supply in the order form (or other information that Farbyte may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by the due-date, your service will be suspended and after 21 days your service will be terminated with all service related data erased. Services that have been terminated can not be resumed or unsuspended. To have your service unsuspended, you will need to pay the monthly fees, plus any interest that may have accumulated at the rate of 12.35% per year. There is a £35 fee for bounced cheques and a £45 processing fee for charge backs.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Farbyte thirty (30) days before the renewal date that you do not wish to renew or make changes to such term of this agreement.
- Cancellation & Refunds: Hosting plans will be refunded in full, minus each full month of hosting already consumed. You may cancel your account at any time subject to the cancellation and refunds policy defined herein. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations and set-up fees.
LEVEL AGREEMENT "SLA"
Farbyte offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Farbyte will try to maintain maximum uptime. Farbyte is not responsible for any downtime caused by the client.
SUSPENSION AND TERMINATION
At the sole discretion of Farbyte, for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, Farbyte may suspend your account by deactivating any access by you and/or by web users to any information contained on the Farbyte servers related to your account. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Farbyte, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
a) Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Farbyte servers. Such information or data may or may not be made available to you by Farbyte after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Farbyte. In the event of termination, there will be no refund provided to you. In addition, Farbyte may charge you an additional termination fee not to exceed £100.00 at its sole option. The assessment of this termination fee shall not affect the rights of Farbyte to recover from you losses, damages, indemnity, defence costs, expert costs, collection costs, and/or legal fees.
Your rights under this agreement may be assigned only upon prior notice and express approval by Farbyte. Any other attempted transfer or assignment of rights hereunder shall be null and void.
You have all rights to transfer, sell, or modify your domain name to another person or individual. If you decide to sell or transfer your domain name and Farbyte is the domain name registrar, please request our "domain name transfer instructions" by sending an email to firstname.lastname@example.org. We will send you the specific details and information about transfer of ownership.
Web hosting services accounts from Farbyte are not transferable and cannot be assigned to another individual.
Farbyte may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Farbyte.
Farbyte may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Farbyte websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.
6. Data Protection
All information, mail messages and other data stored on Farbyte's computer system will be treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of Farbyte's back up services and/or providing the Customer with the Services and/or for Farbyte's own internal purposes such as market research and security investigation.
Farbyte expressly points out to the Customer that by entering into this Agreement the Customer acknowledges and agrees that once the Customer's unencrypted data passes onto the Internet, it is not secure and is open to unscrupulous use. Farbyte cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and Farbyte recommends the use of encryption for transfer of sensitive data or information
The Customer accepts that the register of the Naming Organisation will include the Customer's name and address, administrative partner and technical partner and other details relating to them. This information (if it refers to individuals) is personal data for the purposes of the Data Protection Act 1984. The Customer accepts that the Naming Organisation may allow other organisations and members of the public to access the data for the purpose of obtaining information about the registration of the domain name(s) or any other related purpose.
The following applies to all Farbyte guarantees:
- Farbyte shall provide the Customer with a Money Back Guarantee on its Services in order to ensure Customer satisfaction. Farbyte shall not accept claims that fall outside the Money Back Guarantee Period.
- Our Money Back Guarantee offer only applies to products where specifically stated.
- The Money Back Guarantee does not include costs incurred relating to domain name(s) registration services for the Customer, software purchased on behalf of the Customer, nor any excess Bandwidth Surcharge Costs that may have been incurred during the Money Back Guarantee Period.
- Money Back Guarantee refunds will only be applied once per customer.
- Customers must open a ticket with the 'Billing' department to claim their Money Back Guarantee refund prior to the end of the Money Back Guarantee period. Refunds will not be handled via any other form of communication, or any other departments.
- Save in respect of the Money Back Guarantee and the cancellation rights set out in '4. Fees & Payments', Customers are not entitled to a refund, whether pro rata or otherwise, if they cancel this Agreement prior to the end of any Hosting Period or breach any of the Farbyte terms of service during the Money Back Guarantee Period, for example, sending SPAM, hacking, distributing viruses, etc., or use over 15GB or 10% of their monthly bandwidth allocation, whichever is the lesser, during the Money Back Guarantee Period. Read the Farbyte Terms of Service for further information.
8. Force MajeureFarbyte shall not be liable for any failure in performing its obligations under this Agreement due to circumstances beyond its reasonable control.
9. Client Responsibility
- Contact Information: The client is responsible for keeping their contact details up to date in their billing control panel. Failure to provide accurate, up to date contact details may result in suspension and/or termination of related services. Additionaly, we cannot be held responsible for communication mix-up's as a direct result of the client's failure to update their details.
- Sensitive Data: Clients are responsible for keeping their usernames, passwords and other sensitive data safe. If a breach is suspected, the client is required to request a change of login details by contacting our support staff.
10. Farbyte Affiliate Program
To be an authorised affiliate of Farbyte, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Farbyte service as an affiliate. By signing up for the Farbyte Affiliate program, you indicate your acceptance of this agreement and its terms and conditions. This Agreement contains the complete terms and conditions that apply to your participation as a member of the Farbyte Affiliate program. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Farbyte. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
- Enrolment in this Program: To begin the enrolment process, you will submit a request through the client interface on our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
- Commissions: Current rates can be viewed at http://www.farbyte.com/company/affiliate
- Utilising Links on Your Site: As an affiliate website of Farbyte, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk email program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Farbyte's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Farbyte. In utilising the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
- Commission Payment: Commissions due and owing to you under the Program may be paid to you directly by Farbyte a maximum of one time per month, upon request by Affiliate. Affiliate should manually request a payout by contacting Farbyte via email at email@example.com, with subject line: Affiliate Commission Payout Request. The minimum withdrawal limit is £50. Payments, will be in the form of PayPal™ or Farbyte account credit, however in some cases alternate arrangements may be made for those affiliates that cannot accept Paypal™ payments. PayPal™ payouts are made to the registered email address in our system ONLY. Please configure your account with us or Paypal™ accordingly. There will be a 90 day hold from the time you generate a signup, and the time you are eligible to be paid on that signup. If during the 90 day hold the Referral takes advantage of a money back guarantee, or their payment bounces or is charged-back, your commission will be forfeited. No commission will be paid for signups by you or anyone within your organisation. We have the right to subtract the payout commission if a customer requests a refund due to a money back guarantee offer, or if the Referral purchase is found to be fraudulent and/or disputed.
- Term of the Agreements: The term of this Agreement will begin upon our acceptance of your affiliate program signup and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, from your email address on our records, resulting in the creation of support ticket with an associated ticket ID #, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
- Responsibility for Your Site:
You will be solely responsible for the development, operation and maintenance of your site and for all materials
that appear on your site. We shall have no responsibility for the development, operation and maintenance of your
site and for all materials that appear on your site. You shall also be responsible for ensuring that materials
posted on your site do not violate or infringe upon any laws or the rights of any third party (including, for
example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials
posted on your site are not libellous or otherwise illegal. You must have express permission to use another
party's copyrighted or other proprietary material. We will not be responsible if you use another party's
copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will
immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass email solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Farbyte or UK law;
- Provide inaccurate or incomplete information to Farbyte concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Relationship of Parties: You and Farbyte are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Farbyte, and Farbyte expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
- Disclaimers: We make no express or implied warranties or representations with respect to the affiliate program or any Farbyte services or other items sold through the affiliate program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- Limitation of Liability: We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the affiliate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the affiliate program will not exceed the total commissions paid or payable to you under this Agreement.
- Representations and Warranties: You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorised by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Farbyte with notice that you have engaged in transmission of unsolicited bulk emails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
- Indemnification: You hereby agree to indemnify, defend and hold harmless Farbyte, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including legal fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
- Confidentiality: We may disclose to you certain information as a result of your participation as part of the program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the affiliate program, website, business and financial information relating to Farbyte, customer and vendor lists relating to Farbyte and any members of the affiliate program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
- Limitations: £50 minimum withdrawal limit. 90 day commission payout delay (due to high industry fraud). Resale discounted products are not eligible for commission. Software & Control Panel licensing is not eligible for commission. New orders from existing Farbyte clients are not eligible for commission. Existing or renewed service(s), not initially referred by affiliate, are not eligible for commission. Cancellation of existing service(s), in order to reorder with a referral, is not permitted. Farbyte reserves right to change terms/rates on new referrals at any time. Self-Referrals are not eligible for commission. For instance, if you join our affiliate program and use the link code to signup for service on another account, you will not receive your affiliate commission.
- Modification: We may modify any of the terms and conditions and commission payout rates contained in this Agreement, at any time, and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and affiliate program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
- Miscellaneous: Terminated accounts cannot later apply to the program without our express written consent. This Agreement will be governed by the laws of UK, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Participants caught violating or attempting to circumvent these rules will have all affiliate credit voided and will not receive payouts. They will also be banned from any further participation in this program and may have any other Farbyte related services suspended.