Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for their inability to use our services due to their lack of the requisite knowledge and skills.
Any attempt to undermine or cause harm to a server, or Client, of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than Client’s own, attempting to gain unauthorized access to other accounts on Client’s server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.
The Client will use the web hosting services in a manner consistent with all local, provincial and federal regulations and laws. We reserves the right to suspend or cancel the Client’s access to any or all services provided by us when we decide that their account has been inappropriately used.
The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client’s account or the Provider’s services. The Provider shall be the sole arbiter as to what constitutes violation of this provision.
UNAUTHORIZED USE OF OTHER PEOPLE’S ACCOUNTS OR COMPUTERS
We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
ABUSE OF UNLIMITED TRAFFIC AND/OR UNLIMITED STORAGE
To maintain the integrity of our services, the following limitations apply to all sites owned by the Client and without an imposed limit on monthly traffic volume and/or storage space:
Web sites that are found to violate the above limitations are subject to warning, suspension or
cancellation at the discretion of our management.
We will be the sole arbiter as to what constitutes a violation of this provision.
All contents stored by the Client shall at all times remain the property of the Client. The Client grants to the Provider non-exclusive, world-wide licence to the content only to the extent necessary for the Provider to host the website.
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes. All pricing is guaranteed for the term of pre-payment. We reserve the right to change prices at any time. Any account not brought current within 7 days of email notice or exceeding this time frame in any way is subject to suspension. The Client is responsible for all money owed on the account from the time it was established to the time
that the Client notifies us in writing for a request for termination of services. Email notification will be sent to the Client prior to their hosting renewal date.
The Client is responsible to reimburse the Provider all bank charges caused by returned checks and declined credit card payments as well as the outstanding amount. The Provider reserves the right to bill the Client for special handling fees.
The Client may terminate the service upon thirty (30) days written notice to the Provider either by email or fax. The Provider may immediately terminate the service for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, provincial, or local law; non-payment of fees due; breach of these terms of service. The Provider may terminate the service without cause at any time upon thirty (30) days written notice to the Client.
CANCELLATION AND REFUND
We reserve the right to cancel the service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Extra costs resulting from any violation of policies will be billed to the Client (i.e. transfer, space etc.)
If the Client is not completely satisfied with our services or support and wishes to cancel the service, a refund equal to one half of the annual contract amount less any domain registration fees and overages will be given if we are notified prior to the first day of the second half of the contract term. For example, on a twelve month contract we must receive the notice of cancellation prior to the first day of the seventh month of the contract. No refunds will be given once the second half of the contract term has begun. This policy does not apply to any additional services such as overages, additional disk space, additional pop accounts, etc.
Due to security concerns, all account cancellations must be done in writing via mail or fax with a valid signature of the primary contact of the account, account name, reason for cancellation. We also accept account cancellation submitted from the registered email address of the account holder. Phone requests will not constitute acceptance of any cancellation. If payment was made by check or bank transfer, payment will be made by company check within 15 days of receipt of cancellation.
LIMITATION OF LIABILITY
The Client agrees that neither the primary service Provider nor back-end service Provider will be liable for any
The Client further understands and agrees that neither the primary service Provider nor back-end service Provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service Provider or back-end service Provider have been advised of the possibility of such damages.
The Client agrees to release, indemnify, and hold the primary service Provider and back-end service Provider, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to their use of the services or arising under this service, including without limitation, infringement by the Client or someone else using their computer, of any
intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the primary service Provider and/or back-end service Provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the primary service Provider and/or back-end service Provider may seek written assurances from the Client in which they promise to
indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Their failure to provide such assurances may be considered a breach of this service by the Client.
The Client agrees that the back-end service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the primary service Provider. The Client acknowledges and agrees that neither the primary service Provider nor the back-end service Provider are agents for one another. The Client agrees that they shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorney’s fees asserted against us, our agents, our Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, their agents, employees or assigns. The Client agrees to defend, indemnify and hold us harmless against liabilities arising out of:
DISCLAIMER OF WARRANTIES
Neither the primary service Provider nor back-end service Provider make any representations nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at their own discretion and risk and that they will be solely responsible for any damage to the Client’s computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by the Client from either the primary service Provider or back-end
service Provider shall create any warranty not expressly made herein.
This service will be governed by and construed in accordance with the laws of Pakistan.