Agreement Between Friendlier.Com And All Customers

This document shall serve as an agreement between Friendlier.Com, ("we", "us", or "provider") and you as an end-user ("you", "user", "customer" or "client" ).

You may view our Privacy Policy - here

1.) Account Set-up

We will set-up your account after we have received payment and we or our payment partner(s) have screened your order(s) for any fraud. It is your responsibility to provide us with a valid email address. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used. It is your responsibility to ensure that this email address is current and up to date at all times. Providing false contact information of any kind can result in the termination of your account.

2.) Transfers

Our support team will do all the work to move your site to us. However, we cannot guarantee that transfer process. We provide this transfer process as a courtesy service and do not guarantee site availability or the amount of time it may take to complete the transfer, since each host is configured differently. We will do our best, but in some cases we may not be able to assist in a transfer of data from an old host to us.

3.) Content

All services provided by Friendlier.com can be used only for lawful purposes. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited.

The customer agrees to indemnify and hold harmless Friendlier.com from any legal claims and/or responsibility that may result from customer use of our services.

The use of our services to infringe upon any copyright or trademark is prohibited. This use includes, but is not limited to, unauthorized copying of music, books, photographs, or any other copyrighted work. The offer for 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 abuse@friendlier.com with detailed information.

Examples of unacceptable material that should not be posted on all Shared and Reseller servers include:

IRC Bots,torrent sites, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket or commercial banner ad rotation), email marketing services, topsites, 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 written proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, Lottery sites, muds / rpg's, hate sites, hacker- focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.

Forums and or websites that distribute or link to warez content are prohibited, as are forums and web sites provoking e ethnical or religious hatred.

Friendlier.com reserves the right to suspend or terminate service to any websites affiliated with known or suspected terrorist organizations at our discretion.

It is your responsibility to ensure that scripts/programs installed under your account are secure, and permissions of directories are set properly, regardless of the installation method.

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 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via ticket/email and will receive a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@friendlier.com. We will be happy to assist you.

Any customer using our services to store, post, display, transmit, advertise or otherwise make available child pornography or any kind of pornography is prohibited. Any site found to host child pornography or any kind of pornography that can be perceived to be pornography or linking to child pornography or other pornography sites will result in immediate termination of your account. Resellers: we will suspend the site in question and notify you, so you can terminate the account. We will further monitor your activity; and more than one infraction of this type will result in 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 immediately.

Friendlier also uses different third party software as part of its services. The use of the names of such software on Friendlier website is with descriptive purpose only. Such names are registered trademarks of the third companies, which have granted the right for the use of the software either publicly or directly to Friendlier. Such names include but are not limited to: "CPanel", which is a registered trademark of cPanel, Inc.; "MySQL", which is a registered trademark of MySQL AB etc.

4.) Payment Information

You agree to supply appropriate payment for the services received from Friendlier.com and in advance of the time period during which such services will be provided. You agree that until and unless you notify Friendlier.com of your desire to cancel any or all services received, those services will continue to be billed on a recurring basis.

Cancellations must be communicated in writing via the cancellation form provided on the site . Once we receive your cancellation and have confirmed all the necessary information and details with you via e-mail, we will inform you that your account has been canceled. At that time, your account will be considered fully canceled. If you do not hear from us or receive an e-mail confirming this cancellation, please contact us immediately for a further update.

As a client of Friendlier.com, it is your responsibility to ensure that your payment information is up to date and all invoices are paid on time. Friendlier.com does provide a 10- day grace period from the time the invoice is due until it must be paid.

Friendlier.com reserves the right to change the monthly payment amount and any other charges related to our service at any time.

5.) 100% Anti-Spam Policy

We take a 100% anti-spam stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends spam over our site will have his/her account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) cannot 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 registering of known spam operation (ROKSO) can be hosted on our servers. Any account that results in our IP space being blacklisted by will be immediately suspended and/or terminated.

Friendlier.com reserves the right to require changes by the customer's or disable, as necessary, any web site, account, database, or other component that does not comply with our established policies, or to make any such modifications to an account in an emergency at its sole discretion.

6.) Back-ups and Data Loss

Your use of the service is at your sole risk. Friendlier.com is not responsible for files and/or data that reside on your account. You agree to take full responsibility for all files and data transferred and also to maintain all appropriate backup of files and data stored on Friendlier.com servers.

7.) Cancellations and Refunds

Friendlier.com reserves the right to cancel any account at any time with or without notice.

Any abuse of our staff in any medium or format whatsoever will result in suspension or termination of your services.

Customers may cancel service at any time (contact us). Friendlier.com offers an unconditional 30- day money back guarantee on managed shared hosting and reseller solutions. There are no refunds on installation fees for custom software or refund of fees for domain name purchases. Refund requests after the initial 30 days will be refunded on a prorated basis for unused time.

Only first-time accounts are eligible for a refund. If you've had an account with Friendlier.com before, then cancelled and signed up again, you will not be eligible for a refund. You will also not be eligible for a 30-day refund if you have opened a second account with Friendleir.com.

Violations of these or any Terms of Service will waive the refund policy.

8.) Customer Use of Parked Domains

The Parked Domain feature allows the Customer to have more than one domain name pointing at the same content as the primary domain of his or her account. The Customer should not use the Parked domain feature for pointing to other content that uses htaccess, php redirect, or in any other way.

Customer Use of E-mail Service

The Customer must use account email and other related services in full compliance with the terms outlined below:

Each Customer account is allowed to send a maximum of 400 emails per hour. Any account that exceeds this limitation endangers overall server performance.

Each email sent by the Customer should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously endanger overall server performance.

The use of email clients with an IMAP protocol is allowed for mailboxes that have a maximum size up to 100MB. Any use of an IMAP with a bigger mailbox endangers overall server performance.

The use of email clients with a POP3 protocol is allowed for mailboxes with a maximum size up to 100MB. Any use of a POP3 with a bigger mailbox endangers overall server performance.

Friendlier.com allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour endangers overall server performance.

10.) Customer Use of DataBase Resources

Customers should use MySQL database server resources in a way that does not stress the quality of overall server performance. A database should not generate more than 10% of its database queries longer than 1 second at any given time, endangers overall server performance. The Customer is responsible for managing his/her database(s) in compliance with this policy.

11.) Customer Use of a Shared Server CPU

A Customer should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account uses more than 10% of the shared server CPU for more than 5 seconds endangers the overall shared server performance.

12.) Customer Use of Server Memory

The Customer should NOT use more than 65MB of server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory endangers the overall shared server performance.

13.) Additional Customer Account Limitations

The limitations below apply to each Customer account.

No more than 20 simultaneous processes should be executed by the Customer at any given time. No Cron Jobs with an execution period shorter than 30 minutes will be executed by the Customer's account. No more than 10 simultaneous connections from a single IP to the Customer's account should occur .

In rare cases, the Provider may be able to re-activate a Customer's account previously suspended for violation of terms of account use. Such reactivation will be done ONLY if the Provider decides there is enough evidence that the violation will not be repeated.

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

14.) Uptime Guarantee

We guarantee 99.9% server uptime

15.) Indemnification

The Customer agrees that it shall defend, indemnify, save, and hold Friendlier.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Friendlier. com , its agents, its customers, and employees that may arise or result from any service provided or performed or agreed to be performed or any product sold by customers of Friendlier. com , its agents, employees, or assigns. The Customer agrees to defend, indemnify and hold harmless Friendlier.com against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Friendlier.com as well as any material supplied by customer infringement or alleged infringement on the proprietary rights of a third party, copyright infringement and any/all defective products sold to customers through or from the Friendlier.com server.

16.) Changes to the TOS

Friendlier.com reserves the right to change these policies at any time without prior notice.