FIBERTI.COM TERMS OF SERVICE
Fiberti and https://fiberti.com and https://id.fiberti.com (hereinafter “Fiberti Web Site“), are operated by FIBERTI (hereinafter “Fiberti“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the Fiberti Web Site, and to your use of the services offered through the Fiberti Web Site. By using any of the services or products provided or serviced by Fiberti, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.
The present Terms and Conditions have last been modified on February 1, 2020 and apply to all users.
1. Terms and Conditions
Fiberti may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Fiberti may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but Fiberti will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Fiberti Web Site.
1.1. Eligibility Criteria of Fiberti Services
The services offered through the Fiberti Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Fiberti Web Site only with the permission and under the supervision of your parents or legal guardian. Fiberti also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
2. The Services
2.1. The following provisions apply to all Services:
2.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
2.1.2. We provide two ways for you to purchase our Services: (i) through our website; or (ii) by opening a ticket to purchase additional Services (Ordering Process). When you place an order for the Services using either of these methods, you agree to purchase the Services selected by you during the Term.
2.1.3. We may decline to accept a request for Service if we determine that we require the facilities for other needs. Should operational needs require us to restrict or allocate Services among customers because of a shortage of facilities or causes beyond our control, we may do so without breaching this TOS.
2.1.4. Unless expressly set out during the Ordering Process, the Services may be provided from any of our facilities. You will have no ownership right in the facilities, or in components of the Services. You will only have the right to use the Services.
2.1.5. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
2.1.6. If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach this TOS. Your End Users are not a third party beneficiary to this TOS, and you agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
2.1.7. We agree to use commercially reasonable efforts to provide Client with the Services according and subject to the terms of this TOS and all agreements incorporated by reference.
2.1.8. You must provide Fiberti with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable Fiberti to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
2.1.9. All software, hardware and some systems have a defined support lifetime (End of Life). Client may only use software, hardware and systems that are currently supported by their owners, including those that may have initially been provided by Fiberti in conjunction with the Services (for example, an operating system on a purchased server). When these items reach their End of Life, it is your responsibility to upgrade to a supported version. Fiberti has no responsibility to support End of Life items.
2.1.10. We will provide, at no cost to you, one primary IP address by default, which will be subject to change at any time. Fiberti shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses; provided, however, that (i) we will provide you with at least thirty days prior written notice of any such change or removal; and (ii) you agree to provide Fiberti with all reasonably requested assistance to effect any such change or removal. Fiberti is required by ARIN (American Registry for Internet Numbers) and RIPE (Regional Internet Registry for Europe) to document on a “whois” server which entity is using the IP space. If you are assigned a static IP address, you consent to Fiberti’s inclusion of your name, company name if a business, postal address, e-mail address, IP address, and telephone number in such “whois” server.
2.1.11. It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.
2.2. The following provisions apply to shared, dedicated and VPS Services:
2.2.1. You have the right to use the Services covered by this paragraph 2.2 to connect to our network, on a 24 x 7 basis, limited by this TOS. You will have no physical access to the equipment used to provide the Services.
2.2.2 The Services covered by this paragraph 2.2 are provided to you on a standard basis. They are not customized for your use. In some cases, they may have the manufacturer’s default settings. This means that aspects of your website, or use of them, may not function without additional configuration by you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your site, and any other items you deem necessary to use the Services, must be compatible with them. Unless set out during the Ordering Process, we are not obligated to modify the Services to accommodate your use.
2.2.3. You will ensure that neither you nor any of your End Users make excessive or wasteful use of our network by agreeing to the following:
126.96.36.199. A “Reasonable Use” policy will apply to maintain stable data traffic on shared hosting services. For the shared hosting services, this means that if your use of the shared hosting services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the shared hosting services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate this TOS and assess an Early Termination Fee. Shared hosting services may not be used for instant messaging, chat rooms, or similar activities, nor may they be used for software distribution.
188.8.131.52. Dedicated hosting services and virtual private server services (VPS Services) have a set bandwidth allocation applicable to each service as set out during the Ordering Process. If in any calendar month you obtain any bandwidth or disk space usage over that basic allocation, then we will charge you its standard overage fee.
184.108.40.206. A “Reasonable Use” policy will also apply to data traffic on VPS Services. For VPS Services, this means that if your use of the Web Hosting Services regularly generates more traffic than is customary for similarly situated customers, we may require you to modify your use of the VPS Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate your use of the VPS Services and assess an Early Termination Fee.
220.127.116.11. Our VPS Services allow you to connect with our network using a portion of a server partitioned in a manner that allows you to have virtual control over all features and aspects of that server, other than certain preset characteristics. While it will appear that you are the only entity using the server, some resources will be shared. You will take no actions to limit the use of the equipment by our other customers or other entities in general. You will not alter, or attempt to alter, mechanisms, including software, implemented by us to facilitate the sharing of a server. You understand that our implementation of certain aspects of the VPS Services designed to facilitate use by multiple parties may affect your use and administration of the equipment. You may not terminate this TOS based on our implementation of these features.
18.104.22.168. For dedicated services your site will be the only site operating on our equipment. This equipment is leased, and not sold to you. You will have no ownership interest in this equipment.
22.214.171.124. Unused bandwidth may not be carried over from month-to-month.
126.96.36.199. On termination or expiration of the services, we shall be entitled immediately to block your access to the services and to remove all data located on our equipment. It is your responsibility to download, or otherwise secure possession of, the data prior to the date of termination. If we terminate the services without providing you with prior notice, we agree to preserve the data for a period of fourteen days, and allow you to download, or otherwise secure possession of, the data. If, after this period, you do not collect it, it may be deleted by us.
2.3. cPanel Transfers
We provide free cPanel account transfers for all new accounts (less than 30 days from sign-up date). Transfer requests submitted after this 30-day period are subject to transfer fees based on source account size. Please contact a member of our sales team for more information. All transfers from remote networks (servers hosted outside of the Fiberti data centers) are not guaranteed. There are many factors that can affect remote transfers that may be out of our control (poor network connections, firewalls, missing/incorrect account credentials, corrupted source account data, etc.). We will use best efforts to transfer your data to our servers. If we are unable to complete the transfer, we will let you know so that you can handle the transfer yourself. We also cannot be held responsible for the integrity of your transferred data.
3. Account Creation, Maintenance, Modification and Cancellation
3.1. Account Creation
You can create an account by filling in the form provided on the Fiberti web site. Fees associated with our services can also be found on our web site at fiberti.com
3.2. Accurate Information
You agree to maintain accurate information in your Client Area profile at https://id.fiberti.com while you are using Fiberti services. This includes your full name, current billing address, phone number and a working email address. You agree to update your information in your Client Area within ten days of any change.
3.3. Account Maintenance and Security
You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account.
You agree that you are fully responsible for maintaining the confidentiality of your customer and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Fiberti immediately of any unauthorized use of your account or of any other breach of security. You agree Fiberti will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Fiberti or another party due to someone else using your Account Access Information. Fiberti advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Fiberti infrastructure in any way.
While Fiberti has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Fiberti liable for any errors or interruption of services, whether within or outside of Fiberti’s reasonable control.
3.4. Responsibility for Content
You agree that you are solely responsible for the content stored on and served on your Fiberti account(s). You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Fiberti disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available at https://fiberti.com/legal-aup.html
3.5. Account Suspension and Cancellation
Fiberti can suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.
Fiberti will attempt to notify you in case of account suspensions or cancellations. In some circumstances, Fiberti may suspend an account without prior warning to avoid serious harm or service degradation.
You may cancel your account and prevent an automatic renewal by requesting a cancellation through the Client Area at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a Fiberti agent to properly identify the account in question, including your full domain name and hosting account type.
For certain services, Fiberti provides courtesy backups to help protect your data.
However, backups can occasionally fail. Under no circumstance will Fiberti be held responsible for any loss resulting from incomplete or incorrect backups. By using Fiberti services, you agree to maintain complete backups on your own computers of all data stored on Fiberti servers.
Backups for: Web Hosting, WordPress Hosting & Email Hosting:
Fiberti performs regular courtesy backups of data stored on certain types of services, including web hosting and reseller hosting accounts. Backups are offered as a courtesy service and while they are generally very effective, they cannot be guaranteed. Accounts using more than 10 Gigabytes of disk space or using more than 100,000 files may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.
Backups for: Cloud, VPS & Dedicated Servers:
It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.
4.1. This TOS will begin on the Effective Date and continue in effect as long as we are providing a Service to you (TOS Term).
4.2. The Effective Date of an individual Service, is the date we begin the Ordering Process (Service Term). We use fraud detection programs. If during the Ordering Process your order is flagged as potentially fraudulent, it may not be processed. Until we notify you that the Service is available, you should not assume that your order has been processed.
4.3. Upon the expiration of an initial Service Term, that Service shall renew for a period of equal length unless one party has provided the other with a notice of termination as set out in paragraph 4.
5.1. Fiberti accepts payments by Paypal (Visa, Mastercard and American Express) and Bitcoin.
5.2. All payments must be made in American dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%).
5.3. Account credit is not automatically applied to new or open invoices. In order to manually apply your account credit on an existing unpaid invoice, please visit the invoice page in your Client Area.
5.4. Occasionally, special promotions may be offered when ordering new services or account upgrades. Unless stated otherwise, promotional prices apply only to the initial payment cycle. Services renew at their regular rates, as shown on your invoice or in your product or service details in your Client Area. Special pricing promotions cannot be applied to renewals unless stated otherwise. Fiberti reserves the right to cancel any promotional pricing for any user that attempts to circumvent its intended use or limitations, at Fiberti's sole discretion.
5.5. Fees for individual services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on usage rate of the Services. These will be calculated as set out on the website describing the Fees, and added to the Fees. Other than usage based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and set up fees are not refundable.
5.6. Fees do not include taxes. Any taxes imposed by a governmental entity on the Services will be added to the Fees unless you provide Fiberti with a valid tax exemption certificate. Fiberti will not add any taxes that are based on its corporate income.
5.7. The date Fees are due is set out on the webpage describing the particular Services (Due Date).
5.8. If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.
5.9. Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due. Or the maximum amount allowed by law, and if it pursues collection efforts, you agree to pay all of our expenses, including, but not limited to, reasonable attorneys’ fees.
5.10. If you dispute any Fees, you agree to provide Fiberti with written notice and evidence supporting your arguments prior to the Due Date. Fiberti will review your dispute in good faith, and respond within thirty days of receiving notice of the dispute. If you disagree with our response, we both agree to negotiate in good faith for an additional thirty days. If after this period of time the dispute is not resolved, then we both may pursue the matter pursuant to the terms of paragraph 7. As consideration for providing you with a Fee dispute resolution provision, you agree to pay all Fees not in dispute and only use this procedure for bona fide, good faith, bill disputes.
5.11. If you terminate a Service in any manner other than as set out in this TOS, or fail to cure a material breach, then you agree to pay, within five days of giving notice of termination, all Fees that would have been payable to us had the early termination not occurred (Early Termination Fee). You agree to the Early Termination Fee as consideration to Fiberti for foregone business opportunities associated with limited network resources, and agree that this is a material inducement to Fiberti entering into this TOS.
5.12. If the Service Order includes a third party service, Fiberti cannot guarantee that the fee charged by this vendor will remain the same during the Term. If the vendor changes its fee, this increase will be passed on to you.
6.1. Fiberti will generate renewal invoices automatically for all your active services at least 10 days prior to their expiration date. When we generate a new invoice, we'll send you an email with a copy of the invoice and will also make the invoice available in your Client Area.
6.2. Expired services can be suspended if left unpaid by their due date and may be permanently deleted, at Fiberti's sole discretion. Reactivating suspended services may incur additional fees.
6.3. You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. Services not paid on their due date risk being suspended, and may be terminated permanently shortly after, at Fiberti’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply.
7.1. Payments and Renewal Policy:
The Customer understands and agrees that their services with Fiberti will be billed on a recurring basis unless The Customer informs Fiberti that they want to cancel any or all of the provided services by submitting a Cancellation Request form in the Client Area.
For renewal fees, we will issue a full refund if cancellation is requested within 30 days from the date on which we receive payment for renewal and the renewal Term has not started. If the renewal Term has already started, we will refund the renewal fees less the fees due for the first month of the Renewal Term. Services that involve third-party fees covered by Fiberti such as but not limited to domain renewals, vps-cloud server renewals, dedicated server renewals and SSL renewals are non-refundable if the service has already been renewed by Fiberti.
It is the sole responsibility of The Customer to make sure that their payment information is kept up to date, as well as all invoices are paid on time or the service is canceled prior the service due date.
Cancelation requests for renewal payments must be submitted at least 24 hours before 11:59 AM EDT of the renewal date. If The Customer fails to comply with this requirement, Fiberti has the sole right to suspend his account until renewal payment is received.
The Customer acknowledges that Fiberti is keeping a copy of the non-renewed shared hosting account for no more than 5 (five) calendar days after the due becomes effective. 5 (five) days after the due date, if the renewal payment is not submitted, any information or data in the account will be deleted, it includes the account, all of its backup copies and any other information or data related to the account.
In case the customer is using a Cloud VPS hosting or Dedicated Server hosting package, all customer's data might be permanently deleted within 24 hours after the due becomes effective if the renewal payment is not submitted. This includes all accounts on the Cloud VPS server or Dedicated Server, all of its backup copies and any other information or data related to the account.7.2. Service cancellation by the Customer:
All services that are provided by Fiberti can be canceled by The Customer. Only requests submitted through the Client Area are considered as valid and will be reviewed by Fiberti.
The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.
After the cancellation request is submitted by the Customer, the Customer's account will be suspended either immediately or at the end of the service billing period depending on the Customer choice during the cancellation process.
The Customer acknowledges that Fiberti is keeping a copy of the canceled shared hosting account for no more than 5 (five) calendar days after the cancellation becomes effective. 5 (five) days after the cancellation becomes effective any information or data in the account will be deleted, it includes the canceled account, all of its backup copies and any other information or data related to the account.
In case the customer is using a Cloud VPS hosting or Dedicated Server hosting package, all customer's data might be permanently deleted within 24 hours after the cancellation. This includes all accounts on the Cloud VPS server or Dedicated Server, all of its backup copies and any other information or data related to the account.
After the cancellation becomes effective, Fiberti cannot be held in charge of loss of data due to suspension or termination.7.3. Chargeback and Disputes:
If you believe there is an error on your billing or charges, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you initiate a "chargeback" or PayPal dispute based on this dispute, we may suspend the Service(s) until the dispute is resolved. To reactivate your Service(s), you must first pay all outstanding amount.
In addition to all outstanding amount, there might be chargeback fee associated with chargebacks and pre-arbitrations. The amount of the fee - and at what point in the process it is debited - is dependent on your case. Specific information on chargeback fees can be found in your billing ticket related to the chargeback case. If you're unsure where to find those, contact us.7.4. Service Cancellation by Fiberti:
Fiberti may also cancel any of its services, if Fiberti determines in good faith that the service has become impractical or unfeasible for any technical, legal, loyalty, regulatory or other reason, by giving or without giving the Customer as much prior notice as reasonably practicable
In case such an issue occurs Fiberti reserves the right to temporarily suspend the service in an attempt to contact the Customer and assist in resolving the issue. If the issue is not resolved in up to 7 (seven) days for all shared hosting services and 3 days for all Cloud VPS and Dedicated Hosting services after the customer has been notified about the issue, Fiberti reserves the right to terminate the service.
The services used by the Customer may be canceled for any or no reason by Fiberti with a preceding 7 days notice. After the 7 day period the Customer's Account will be ended, and the Customer will be provided with access to an archived backup copy of the Customer's account content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived backup copy, all backup copies and any other information or data related to the account will be deleted from Fiberti's servers.
8. Refund Policy
Customer can demand refund without any excuse for purchased product or service, in 15 days since the first payment day.
Products and services, which are not provided by Fiberti such as SSL certificates, license fees, virtual server, cloud hosting, dedicated server, domain name transfer, domain name renewal and domain name registration are out of the scope of refund warranty.
Refunds can only be issued using the same payment method for payments made by PayPal or Bitcoin.
10. Acceptable Use Policy
In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other Fiberti clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://fiberti.com/legal-aup.html
11. Domain Privacy Protection Service
If purchased in conjunction with certain types of domain names, the Privacy Protection service (also referred to as ID Protect) is intended to shield the customer’s personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer’s information with those of a confidentiality services provider. The Privacy Protection service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that may have been saved and published by other parties prior to the purchase and activation of the protection. The Privacy Protection service is not available for all domain types.
The Privacy Protection service is non-refundable and is not covered by our money-back guarantee. The Client must always maintain accurate contact information in their private Fiberti profile, as stipulated by ICANN's rules and regulations.
12. SSL Certificates
The use and installation of COMODO or Sectigo SSL Certificates offered by Fiberti are subject to the terms and conditions of COMODO and Sectigo. Following an SSL purchase, a Fiberti technician will request a certificate on your behalf and attempt to complete its installation on your account. If you have requested a Dedicated IP address during your SSL order, your Web Site may experience up to 12 hours of downtime during the SSL installation process, due to a process called DNS Propagation.
13. Dedicated IP Address
All dedicated IP addresses assigned to you must be maintained by you in a manner that confirms to the norms and regulations set forth by ARIN & RIPE
If you ordered multiple IP addresses with a Cloud, Dedicated or Reseller service, they must be used at 80% within 30 days of being assigned.
At the outset, for Web Hosting, Reseller Hosting or WordPress Hosting accounts, you will be assigned a shared IP address. You may request one (1) dedicated IP address per hosting account, at additional cost. Fiberti reserves the right to evaluate the pertinence of any dedicated IP address request and deny such requests if they do not comply with ARIN & RIPE regulations. Fiberti retains full control and rights to the IP addresses assigned to you at all times and reserves the right to modify or remove assigned addresses with prior notice.
A dedicated IP address change may incur an unavailability of your web site lasting up to 24 hours, due to DNS propagation.
14. Site Transfers
In most cases, Fiberti can help move your website from any other compatible web hosting provider (also called a website migration). However, transfers are provided as a courtesy service, and Fiberti can not make guarantees regarding the availability, accuracy, possibility, or time required to complete such a transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult or impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
A free site transfer service request can be made within 30 days of a new web hosting, reseller hosting, Cloud or Dedicated server order by opening a Support ticket from your Client Area which includes all necessary information to allow us to connect to your other provider's account and retrieve all your data. Unless otherwise confirmed in writing, free website transfers are limited to a maximum of 10GB of data, 5 email accounts, and one database. More complex migrations should be discussed with our support team prior to being requested.
15. Affiliate Program
The affiliate program provides you with financial incentives for referring new clients to Fiberti.
16. Search Engine Listing
Fiberti is not directly associated with any search engines and is not responsible for the ranking of your web site in search results.
17. General Provisions
17.1. If Fiberti or you are unable to perform our respective obligations due to circumstances outside our reasonable control (Force Majeure Event), performance shall be excused for the period of time that these circumstances persist, contingent on our taking steps to remedy those circumstances. The following circumstances are outside the scope of a Force Majeure Event: lack or unavailability of funds. If Fiberti is unable to provide the Services for a period of thirty days or more, notwithstanding attempts to remedy the Force Majeure Event, you may terminate the affected Services without application of the Early Termination Charge.
17.2. From time-to-time we may receive warrants and subpoenas from law enforcement entities for information you provide to us (Law Enforcement Request). Unless the Law Enforcement Request prohibits, or requests, that it not be disclosed, we will inform you of our intent to disclose your information.
17.3. No failure to exercise, nor delay in exercising, any right, remedy or power shall be a waiver of it.
17.4. If any provision in this TOS, or a contract incorporated by reference, is found illegal or unenforceable, that provision shall be deemed restated in such a way as to be legal, enforceable and reflective of the parties intent and this TOS or other contract will remain in effect. Under no circumstances shall such a finding cause the contract to be void or unenforceable.
18. Force Majeure
Fiberti will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Fiberti liable for any of the consequences of such interruptions.