Hosting Terms and Conditions
Also at the bottom our Company Privacy and cookies policy GDPR compliant.
Revision Date: January 28, 2019
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, VPS, Dedicated servers, Streaming facilities, Colocation and so on ordered by you and accepted by us and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. We reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. We may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following our posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for our providing the Hosting Services here under, Customer agrees to pay us the aggregate monthly fee based on the monthly hosting services and the terms selected.
2. Provision of Services. We will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that we will host and or create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to us “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than us, and licensed by our company or generally available to the public, including Customer, under published licensing terms, and that we will use to display or run a Web site.
4. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for us and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of us. All rights to the Background Technology not expressly granted to Customer here under are retained by us. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to us the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to us here under, solely for the purpose of rendering our Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
6. Content Standards. Customer agrees not to provide Customer Content, and we will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. We reserves the right to refuse any other subject matter it deems inappropriate.
7. Support. We agrees to provide reasonable technical support by email to Customer during our normal technical support hours. We will provide customer support by telephone if the customer purchased telephonic support time.
8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) We may terminate this Agreement after three (3) days written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such three (3) days period; and (c) upon the termination of this Agreement, Customer will pay us for all Services provided to Customer by our prior to termination. Sections 2, 3, 4, 5, 9, and 11 will survive termination of this Agreement.
9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is” and we expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchant ability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that we will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by us to a Customer will be deemed accepted when delivered.
10. Indemnity. (a) Customer Indemnity. Customer will defend us and against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section. Subject to Section 11, Customer shall indemnify us for all losses, damages, liabilities, and all reasonable expenses and costs incurred by us as a result of any such third-party claim, action, suit, or proceeding. (b) We. Indemnity. We will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, We shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.
11. Limitation of Liability. Our LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO US DURING THE ONE (1) MONTH PERIOD BEFORE THE ACTION AROSE. WE SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, WE WOULD NOT ENTER INTO THIS AGREEMENT.
12. Cancelling and Refunding. You have a maximum of 2 hours from the time of purchase to cancel all items that you no longer wish to receive.
Cancellation is always possible via your customer panel, note the extra conditions below if you want a refund.
You can cancel the order via your customer panel, click on ‘Services’ under ‘Product / Service’ click on your package name, in the next screen click on ‘Request Cancellation’ and Describe your reason for Cancellation.
Select by ‘Cancellation Type’ Immediate or End of Billing Period at last click on ‘Request Cancellation’
If your order has already been processed, you will get the amount paid back minus setup and processing costs.
The refund will be processed within a maximum of 48 hours on workdays.
Please note, if your account is blocked due to illegal or underage activities, you are NOT entitled to a refund.
Our Company Privacy and cookies policy GDPR compliant
Our Company is part of the Our Company Group which includes Our Company International and Our Company Direct.
* What data do we collect?
* How do we collect your data?
* How will we use your data?
* How do we store your data?
* What are your data protection rights?
* What are cookies?
* What types of cookies do we use?
* How to manage your cookies
* Privacy policies of other websites
* How to contact us
* How to contact the appropriate authorities
# What data do we collect?
Our Company collects the following data:
* Personal identification information (Name, email address, phone number, etc.)
# How do we collect your data?
You directly provide Our Company with most of the data we collect.
We collect data and process data when you:
* Register online or place an order for any of our products or services.
* Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
* Use or view our website via your browser’s cookies.
* also collect data via Google Analytics
Our Company may also receive your data indirectly from the following sources:
* Google Analytics, Facebook, Twitter
# How will we use your data?
Our Company collects your data so that we can:
* Process your order and manage your account.
* Email you with special offers on other products and services we think you might like.
When Our Company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
# How do we store your data?
Our Company securely stores your data at the Data-center that we use and all communications uses a secure SSL connection.
Our Company will keep your data for the time period you are a customer. Once this time period has expired, we will delete your data within one week from our client system (WHMCS, DirectAdmin)
Our Company would like to send you information about products and services of ours that we think you might like.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop Our Company from contacting you for marketing purposes or giving your data to other members of the Our Company Group.
If you no longer wish to be contacted for marketing purposes, you can select that in your client panel.
# What are your data protection rights?
Our Company would like to make sure you are fully aware of all of your data protection rights.
Every user is entitled to the following:
* The right to access:
You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
* The right to rectification:
You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete the information you believe is incomplete.
* The right to erasure:
You have the right to request that Our Company erase your personal data, under certain conditions.
* The right to restrict processing:
You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
* The right to object to processing:
You have the right to object to Our Company’s processing of your personal data, under certain conditions.
* The right to data portability:
You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our Support email department or ticket system.
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information.
When you visit our websites, we may collect information from you automatically through cookies or similar technology
For further information, visit allaboutcookies.org
* Keeping you signed in
* Understanding how you use our website
* smoothing out the ordering process
# What types of cookies do we use?
There are a number of different types of cookies, however, our website uses:
* Functionality – Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
* Advertising – Our Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address.
* We never share cookies with other companies.
# How to manage cookies
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.
# Privacy policies of other websites
# How to contact us
Please contact us at our Support email department or ticket system.