Terms of Service

Terms of Service

All services provided by Fabonic Ltd. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of the laws of United Republic of Tanzania is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Fabonic Ltd. from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links
  • Pirated software
  • Illegal MP3's
  • Hackers programs or archives
  • Warez Sites
  • Adult Sites
  • Child Pornography

Fabonic Ltd. will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:

Fabonic Ltd. is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allocated bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

  • Sites with banners, graphics or cgi's running from their domain being used on other domains.
  • Sites with immense graphic archives or galleries.
  • Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
  • Sites running large chat room gatherings.
  • Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or Fabonic Ltd. may move your site to a different server, to reduce the load on the server you are currently residing. Fabonic Ltd. will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply depending on the clients request.

Chat Rooms:

Fabonic Ltd. may allow programs to run continually in the background, these are considered on a one to one basis and extra charge may be incurred based on system resources used and operational maintenance needed.

IRC:

Fabonic Ltd. currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections:

Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts:

Fabonic Ltd. may disconnect any idle connection to the network.

Average timeouts are:
  • FTP - 300 seconds
  • Telnet - 2 hours
Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a Fabonic Ltd. server or using an email address that is maintained on a Fabonic Ltd. machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.

Fabonic Ltd. will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 5000 pieces per DAY and no more than 20 pieces per minute. Many times we have seen sites push over 1000 emails in one hit, this causes intense server loads and prevents other people from accessing server services. Large mailings are preferred to be sent from the hours of 12AM - 8AM GMT +3 Hours.

Server Abuse:

Any attempts to undermine or cause harm to a Fabonic Ltd. server or customer of Fabonic Ltd. is strictly prohibited. Fabonic Ltd. will pursue legal action to the fullest extent for all abuse of the Fabonic Ltd. Network.

Payments:

The customer acknowledges and agrees that Fabonic Ltd. Ltd, its in sole and absolute discretion, may suspend provision of the services without any liability if the customer fails to timely remit payment for the services without prior written agreement.

Suspension/De-Activation:

If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Fabonic Ltd. reserves the right to remove any account without prior notice. If Fabonic Ltd. deactivates your account(s) for violating policy, you will forfeit your rights to a refund and none will be given. No refunds for advance payments, on de-activated accounts.

Privacy Policy:

Fabonic Ltd. respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail.

Indemnification:

The customer hereby indemnifies and agrees to hold harmless Fabonic Ltd. and each of its officers, directors, employees, agents, and legal advisors (each an “Indemnified Person”) from and against any and all liabilities, obligations, claims, losses, damages, penalties, actions, judgments, suits, costs, expenses, or disbursements of any kind or character whatsoever (“Claims and Liabilities”), which may be imposed on, incurred by, asserted or claimed against any Indemnified Person, directly or indirectly, based on or arising out of or resulting, in whole or in part, from (i) the use of the Services; (ii) any act or omission of customer, its agents, contractors, employees or invitees; or (iii) any breach of customer's obligations and the transactions and events at any time associated therewith.

The indemnification provided for shall survive the expiration or termination of the user of services.

Limited Liability:
Fabonic Ltd. shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the Services, including but not limited to damages for lost profits, loss of use, lost of data, loss of privacy, damages to third parties even if Fabonic Ltd. has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether on any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution.

Service Level Agreement

The objective of this SLA is to document the availability of the Service that Fabonic Ltd. is to achieve. This does not constitute any additional liability to Fabonic Ltd., but instead a self-assumed obligation towards the Client. Under the conditions below Fabonic Ltd. offers to pay the Client service credits if the availability defined below is not met.

Fabonic Ltd. shall guarantee the availability will be 99% in any calendar month, subject to exclusions as defined below. If Fabonic Ltd. fails to meet this guarantee a credit shall be available to the Client as defined below.

The availability calculation shall exclude periods when outages arise from, or are otherwise indirectly caused by:

– Outage periods due to any cause other than faults by Fabonic Ltd., including faults or negligence of the Client or problems associated with equipment connected on the Client's side of Fabonic Ltd. delivery point,

– In case that the Client's equipment should cause negative effects on the performance, quality and/or operation of the Fabonic Ltd. Network, Fabonic Ltd. will proceed to disconnect the link, for benefit of the rest of users of the Fabonic Ltd. Network. This disconnection won't be cause of penalty under the SLA. Fabonic Ltd. will notify the Client as soon as possible about this issue in order for the Client to repair the problems.

– Outage periods reported by the Client in which no fault is observed or confirmed by Fabonic Ltd.,

– Any fault period during which service is suspended under provision in this Agreement,

– The Client requesting Fabonic Ltd. to upgrade the capacity of the service, if this operation results in an outage.

– During Scheduled Maintenance affecting the Services as defined above.

– Performance degradations and service loss due to Denial Of Service attacks or other unlawful attacks generated inside the Client's network or executed against users inside the Client's network or the Client network infrastructure, will be excluded from SLA calculation as it is within the Client's responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its clients.

Neither Party will be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented by the occurrence of a Force Majeure Event. No commitment from Fabonic Ltd. applies in case of Force Majeure.

Should the Client not have access to the Services as defined above, Fabonic Ltd. shall credit the client as follows:

(a) <99% and > 98.8% = 5% monthly credit

(b) 95% to 98.8% = 10% monthly credit

(c) 90% to 94.9% = 25% monthly credit

(d) 60% to 89.9% = 40% monthly credit

(e) < 60% = Pro-rata up to a maximum of 99% monthly credit

The credit applies to the contracted service. The Client shall not be entitled to any credits under this SLA if any payment of the price for the Services is overdue under the terms of this Agreement. The credit shall be made for the element of the Services that were not available, it will not be made for the whole service. (E.G. If a dedicated server and backup service are ordered, but the backup service is not available for a period of time, the credit will be calculated based on the price of the backup service, not the combined price of the dedicated server and backup service.) Any credit is subject to the Client notifying Fabonic Ltd. within 7 days in writing. This Client agrees the service credits due under this SLA are its sole remedy against Fabonic Ltd. for any non-availability of the Services.

Domain Registration Agreements

The general terms of domain registrations, transfers or renewals are outlined below:

  • If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
    • Domain Name Registration Agreement for .TZ domains is provided by tzNIC

All non-TZ domains are provisioned through our registrar partner. As such we cannot guarantee the availability of a particular domain, however any charges incurred in the registration of a domain which is subsequently found to be unavailable will be refunded in full.

Both TZ and non-TZ domains are provisioned through third-party registrars.

Please note that the registrars may reject the registration of a domain if invalid information is provided at the time of order. All TLDs and ccTLDs have differing validation requirements which are also subject to change. As such we are not responsible for the validation of such data and it is your responsibility to check that a domain registration has been completed by the receipt of a 'domain registration confirmation' email. In the unlikely event a domain is rejected by the registrar, you will not receive such an email and we would need to be alerted to investigate this with the registrar directly and process the registration manually.

Cancellations, Refunds

Payment Method.

No refunds will be provided on any product/s or service/s paid by any payment method.

Cancellation Process.

You may terminate or cancel the Services by giving Fabonic Ltd. written notice via cancellation process within your client area. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." Fabonic Ltd. will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us.

We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Domains.

It is your responsibility to notify Fabonic Ltd. Billing department via a support ticket created from your client area to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are subject to this fluctuation and Fabonic Ltd. is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

Fabonic Ltd. may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Fabonic Ltd. or others or cause Fabonic Ltd. or others to incur liability, as determined by Fabonic Ltd. in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Fabonic Ltd. shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Fabonic Ltd. may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.