Seo Hosting Ltd
19, St.Mark Street
Valletta - VLT 1362
+356 20 341591
These terms and conditions will govern all issues that may arise in relation to your access to www.seohost.net (referred as SEO HOST, we, us or our), or purchase of its web hosting and related services (referred as the Service) as described or being offered on this website or the websites of its partners, subsidiaries, licensees, assignees, contractors, suppliers and service providers (collectively referred as the Collaborating Partners). The usage of "you", "your", "they", "them" shall refer to client / customer of SEO HOST. Please acknowledge that some provisions of this agreement may not apply to you. You should carefully review this agreement before purchasing any package or using the Service. If you don’t agree or have any reservations, you may stop accessing this website and discontinue the Service.
When you access this website, purchase any package or use the Service, it shall be deemed as your consent to enter a binding agreement with SEO HOST. Clicking I Agree or related syntaxes / buttons of any part of this website or interface of your device shall be equivalent to your digital signature and bind you with these terms and conditions. This agreement shall replace and supersede all your previous arrangements with SEO HOST, and all requirements or conditions previously agreed or otherwise imposed by you shall be excluded in favor of this agreement.
When you enter this agreement, it shall be deemed that you are mature and otherwise qualified to enter a legally binding agreement, and if you are not, using the Service under the supervision and guidance of your legal guardians, who shall consent to enter this agreement on your behalf. However, minors of less than 13 years of age should not be allowed to use the Service.
The term of this agreement shall correspond to the customers’ preferred subscription period or billing term (Term). If no Term is mentioned, one (1) year shall be the default terms of this agreement. Unless any party gives a notice to the other party regarding its intent to terminate the agreement (as provided in the Termination of the Service section), the Term shall be automatically renewed for another period equal to the initial Term.
The employees, agents, and other representatives should have no authority to change this agreement and their views, opinions and explanations shall never constitute an interpretation of this agreement. Only authorized executives of SEO HOST shall have the right to amend this agreement in writing and post a revised version.
SEO HOST shall be entitled to determine the process, procedures, standards and acceptable use policies for using the Service, and you shall consent to abide by these standards and guidelines.
It shall be your responsibility to obtain all necessary permissions and licenses that may be required for uploading the content or using any feature /aspect of the Service to make your website live and undertake web activities.
Nothing on this website shall grant you any kinds of ownership or proprietary rights in equipment, features or aspects of the Service being offered by SEO HOST. You shall be entitled to exclusively use an IP address as part of the Service, but you should have no ownership rights over this IP address. Once this agreement is terminated and you cease to use the Service, your IP address shall become transferable and recycled accordingly to make it available to the other user.
It shall be your responsibility to ensure that the hardware, software or other items are compatible with the required standards and specifications for using the Service. If we believe that any damage to the equipment or aspect of the Service is related to your use of the Service, we may suspend your account and prevent you from using the Service any further until we determine the actual cause of such damages. If it is found that your use of the Service has caused the damage, you shall be charged for all repairs and maintenance to the Service.
SEO HOST shall provide the Service with standard configuration and it shall be your responsibility to configure/fine-tune the Service as per your security, privacy and operational requirements. Please acknowledge that hardware configurations may differ across data centers / server locations. SEO HOST reserves a right to change data centers, replace your host server hardware or modify the software configuration as and when necessary and these changes may affect the hosting performance. It shall be your liability to properly reconfigure and use the Service to its full potential.
The Service shall be provided as it is. You should acknowledge that certain third party and proprietary software may be part of the Service and you shall be liable to purchase all the necessary licenses and user rights to use the Service.
Please acknowledge that all domain name registrations shall be subject to additional terms and conditions of third party registrars who may provide their services to SEO HOST. Using any feature or aspect of the Service shall be deemed as your consent to abide by the terms and conditions and dispute resolution policies of our collaborating partners / service providers who contribute to smoothly run the Service.
The third party services are subject to the terms and policies of the respective service providers and may change over time. If any third party condition or material changes to it affects your use of the Service being offered on this website, a cancellation of your hosting account shall be the sole remedy.
Only registered users shall be allowed to access or use the Service. However, the registration shall be free provided that you are legally mature and qualified to enter this agreement. You should never use a name or username to:
Once you are successfully registered on the Service and your credentials are verified, you shall be allowed to access the User Area and use the features/services as mentioned in this agreement.
When you make a registration/subscription request, you may be required to submit your profile information and credit card details. It shall be your responsibility to keep your personal information accurate, complete and updated.
You should ensure that submitted information is accurate, complete, clearly legible and updated. We shall not be liable for any non-performance or failure to provide the Service due to incomplete, inaccurate, or illegible information, and may impose certain fees for rectifying errors or doing additional work due to your failure to comply with the provisions of this section.
It shall be your responsibility to bear all the costs that may be involved in submitting any information, resources or facilities that are reasonably required or deemed necessary for the delivery of the Service. You should ensure that your employees, contractors, and other suppliers are aware of these requirements and fully cooperate with SEO HOST.
SEO HOST reserves a right to screen all registrations, accounts, and orders to ensure that your requests are in compliance with our financial, security and other reasonable restrictions. If your requests are rejected due to its failure to pass through our fraud screening, we will take appropriate measure to notify you, but shall have no obligations to inform you exactly why a particular request or order was denied. No service shall be provided for requests/orders that fail to clear our fraud screening.
Unless otherwise mentioned in this agreement, SEO HOST shall not be liable for providing any service which has not been listed / advertised on this website.
You shall be responsible for all activities that take place on your account/credentials, irrespective of the fact that such activities are undertaken by your employees or a third party contractor. It shall be your responsibility to maintain the confidentiality of your login information. SEO HOST shall not be liable for any loss or damages that may result from any kinds of unauthorized access, whether due to your inability to follow the safety guidelines or otherwise.
The person or entity described in our records as the primary billing contact shall be deemed as the authorized owner of the account.
When you create an account on behalf of another person or entity, it shall be deemed that you are duly authorized to create such accounts, and if you are not, take your personal responsibility to fulfill all your obligations under this agreement.
You should acknowledge that third party services, whether purchased through SEO HOST or otherwise, are subject to their terms and conditions or end user licenses.
If you are administering the account on behalf of a third party, it shall be deemed as your warrant that you will operate the accounts in good faith and best interest of the concerned party, and never do anything in violation of this agreement or other End-user licenses that you may enter for administering the account. You shall indemnify SEO HOST against all losses and liabilities that may result due to unauthorized account operation or other acts and omissions in violation of your entire agreement with SEO HOST.
The person or entity as mentioned in the applicable ICANN rules shall be deemed as the authorized owner of such domains. When you purchase a domain name on behalf of a third party, it shall be deemed that you are duly authorized to do so, and if you are not, take your personal responsibility to pay all fees and charges until the dispute is resolved.
Paying for the Service shall not be deemed as the conclusive proof of your account ownership and it shall be your responsibility to correctly indicate ownership of your account. If a dispute regarding the account ownership on the Service arises, the account will be locked until the parties to such disputes reach an amicable solution or the matter is finally decided by the courts.
The Service shall be available on yearly as well as monthly subscription and charged on a recurring basis. SEO HOST will automatically charge your payment instrument if you have a subscription. In case of monthly subscription, we will charge you at the day of subscription renew date. However, you may be allowed to choose your subscription period on a monthly, quarterly or annual basis. All payment shall be charged in U.S. $ and subject to change with 30 days prior notice.
Automatic charging of your payment instrument will be applicable for only active/linked PayPal subscriptions. In case you purchase any subscription by using other payment instruments like one-time credit cards or PayPal, money order, etc., it shall be your responsibility to discharge all your obligations and pay your recurring fees on the due date.
When you purchase any package/subscription, it shall be deemed that submitted billing information is accurate and updated and your payment instrument on the file has sufficient funds for processing your order. SEO HOST shall not be liable for any charges or fees imposed by your card issuer bank, or financial institution for membership, overdraft, insufficient funds, over the credit limits, or otherwise.
Sufficient funds in your payment instrument on file will not guarantee your recurring payment and subscription. SEO HOST may screen all subscriptions and orders for fraud and other violations. Unless this fraud screening is complete, no services will be activated on your account. If your account is flagged for fraud or other unethical practices, for whatever reasons, third party services such as domain name registration will not be processed. We shall not be liable for any non-performance or failure to provide third party services due to your inability to clear our fraud screening process.
If the recurring subscription amount, including the other obligations if any, is not paid at the end of service renewal date, we may provide a grace period of seven days in our sole discretion. If the payment is not made within this grace period, we reserve a right to impose a $10 late penalty and suspend your hosting account until the payment is made. If your pending obligations are not discharged within 14 days from the suspension of your account, SEO HOST may terminate your account on the Service for non-payment.
SEO HOST may refuse any re-activation request until your outstanding dues are paid in full. We shall not be liable for any loss or damages that may result for any such suspension or termination of your account due to non-payment.
No fees and charges, including the charges for domain name registration, transfer or renewals, domain name transfers or renewals, shared hosting, VPS hosting, dedicated server packages, custom packages, setup fees, SSL certificates, WHMCS Licenses, add-ons, dedicated IP addresses, advanced support fees, processing fees, or software licenses shall be refunded. All payments made in favor of SEO HOST shall be non-refundable.
In case we are liable for any refund, all fees for value added services such as SSL certificate or free domain name registration that may be part of the Service shall be deducted from any refunds or account credits.
All refunds will be made to the original payment instrument that was used for purchasing the package/subscription. It may take one week to process your refund requests. In case, the questioned payment is more than 60 days and you are eligible for a refund, the applicable refund shall be made via PayPal.
All transactions made through some payment instruments such as bank wire transfers, Western Union payments, checks and money orders shall remain non-reversible irrespective of the money back guarantee. Any such refund shall be credited to your hosting account on the Service.
Shared hosting plans come with a 30 days money back promise. If for whatever reason we fail to satisfy you within 30 days we will charge $15 / $125 (depending on package) setup fee then refund the balance of your initial payment all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost. Refunds may take up to 2 weeks.
SEO HOST will provide an account statement and maintain a consistent record of invoices and paid amount. Only authorized staff will have access to your account statement. If you find any inconsistency or errors in your account statement, you may raise a support ticket to get an amicable solution for such errors and omissions. If we find that you have been billed incorrectly, we will refund or credit your account to resolve the issue.
In case you file a dispute with your credit card provider and initiate a chargeback before notifying us, your services will be suspended until the matter is resolved. You may be charged a $50 investigation and processing fee for rectifying the disputed payment. If SEO HOST wins its appeal against chargebacks, you will have to bear any such double payment that may be applied to your account as a service charge. For reactivating the Service, you will be required to pay all outstanding dues and liabilities that may result from such chargebacks. We encourage you to use our help desk for resolving any issues related to billing and payment.
We will take every reasonable effort to facilitate hassle-free registration, transfer and/or renewal of domain names on time. If registration, renewal, or transfer of domain name is not processed within the stipulated timeframe, please report the matter to our support team within 15 days from the due date. If you fail to contact us and the domain names expire for more than 30 days, you shall be liable to pay the redemption charges for renewal of your domain name. In any case, our liability shall be limited to the amount that you paid for the domain name.
Please acknowledge that generic top-level domains are governed by ICANN regulations and you may not be allowed to transfer your domain from one registrar to another during the first sixty days of your initial domain registration or transfer to SEO HOST. In the case of country-code top-level domains, you will not be able to transfer your domain after its expiry. You can use our transfer lock service provided that you consent to additional terms and provide written/digital authorization to SEO HOST for transfer of your domain to another registrar and agree to pay all fees and charges applicable for such transfers. However, any such request to transfer your domain to another registrar may be denied in pursuance to the Inter-Registrar Transfer Policy.
Once the term of your domain name registrations service expires but not deleted from the domain name registry database, SEO HOST may direct the domain name to name servers and IP addresses that have been designated to host a parking page or commercial search engine that display advertisements. Please acknowledge that we may leave your WHOIS information as it is or change your contact information in the WHOIS output for the expired domain so that you are not recognized as a listed registrant of the expired domain name.
SEO HOST may offer certain process and procedures to reactivate your expired domain within 30 days after the expiration of its term. However, we shall not be obligated to offer any such reactivation period and you shall bear all the risks and expenses that may be involved in delaying the renewal of your domain name registration service term or attempting renewal after its expiration. We may refuse any such reactivation period in our sole discretion and shall not be liable for your expired domains. In case we offer this reactivation period, we shall be entitled to charge additional fees for the reactivation procedure.
All unpaid domain names shall become the property of SEO HOST. If you don’t re-register your domain name, we may decide to register the domain name and acquire the title and ownership of your domain name. SEO HOST shall be entitled to sell such domain names without any restrictions or conditions, whatsoever.
Any order for dedicated IP address, except the IP address provided with the hosting package, shall be subject to IP justification policies of American Registry for Internet Numbers which may change over time. SEO HOST may refuse any request for dedicated IP address on the grounds of current utilization or insufficient justification.
SEO HOST shall be entitled to modify, add or remove any feature or aspect of the Service in its sole discretion and without the need give any prior notice for such changes. These may include any changes in the price of hosting packages, or restrictions on domains, disk space, bandwidth, third party applications and other shared resources. Nothing in this agreement shall create any kinds of guarantee or representation regarding the availability of any feature or aspect of the Service in the future.
If the Service, including the hosting package features, change subsequent to your purchase, we shall not be obligated to modify the services on your account to reflect any changes mentioned on the service description pages of this website.
If any changes in the Service materially affects your ability to use the Service, a termination of this agreement shall be your sole remedy. He term materially shall denote a reasonable business person would not have purchased the services for the purposes used by you.
Network Uptime is the total time in a calendar month that SEO HOST network is available through the Internet, provided that client has established connectivity. SEO HOST takes responsibility for Network availability within their network however we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month.
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced which is determined to have been caused by a problem in SEO HOST's Network as confirmed by SEO HOST. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any SEO HOST scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12-24 hours notice.
You should utilize the resources in such a manner that your consumption doesn’t negatively affect or interfere with the normal service performance for the other users. If we believe that your usage of the shared resources is preventing others from using the Service or you are abusing the server resources in any manner, we may suspend/terminate the services on your account at any time and in our sole discretion. No prior notice shall be required for such suspension or terminations.
The maximum resource usage threshold for shared or reseller packages should be as follows:
CPU usage : 10%
Memory usage : 10% or 1024 MB
Running Processes : 50
Execution time : 15 Minutes
Outgoing emails 200 per hour (excess messages will be discarded)
Apache Connections : 30 connections
MYSQL Connections : 14 connections
Cloud VPS services rely on shared Hardware Virtual Machines, Storage Area Network, and other resources that are not explicitly mentioned herein. You are supposed to use these resources within reasonable limits in terms of disk throughput or input/output operations per second and central processing unit time. SEO HOST reserves a right to monitor and evaluate any abnormal usage patterns or excessive loads on its Storage Area Networks and Hardware Virtual Machine due to customer deployments. SEO HOST shall be entitled to determine the maximum limits of disk throughput, input/output operations, and CPU usage, and suspend or terminate any user account that violates these limits or resort to abnormal usage of shared resources. Such restrictions, suspension or terminations can occur at any time, and in our sole discretion without the need of any prior notice.
Your bandwidth usage shall be subject to your hosting package that you purchase.
If the bandwidth allowance applicable to your hosting package is exhausted before the date of service renewal, your account shall remain suspended until:
Unless otherwise agreed and mentioned in writing by an authorized representative of SEO HOST, unused bandwidth at the end of a subscription period should not be carried over to the next subscription period or pooled among multiple servers/accounts.
Just like other shared resources, you should not be allowed to use our bandwidth resources in such a manner that affects or interferes with the normal service performance for the other users. We reserve a right to monitor your bandwidth usage and if we find that you are using excessively/abnormally large amount of bandwidth, we may suspend/terminate our services on your account in our sole discretion. Such restrictions, suspension or terminations can occur at any time, without the need for any prior notice.
The following restriction on the use of storage space shall apply to all accounts on the Service:
Any violation of these restrictions will result in the suspension/termination of your account on the Service.
SEO HOST reserves a right to modify, move, add or remove any hosting location and deny or transfer your account to new locations in its sole discretion. We don’t provide any kinds of guarantee for the availability of specific or multi-location hosting on the Service.
All content, including the logos, trademarks, service marks, product names, company names and related materials/resources being featured on the Service and associated service names are the exclusive property of SEO HOST and its Collaborating Partners. You should acknowledge and keep your clients/end-users informed that you/they are not allowed to use such logos, trademarks, service marks and other copyrighted content without proper authorization from SEO HOST and/or their respective owners.
You are entitled to a non-exclusive, non-transferable, worldwide, royalty-free license to any shared content or technologies as part of the Service, but nothing in this agreement shall grant you any rights to copy, edit, reproduce, transfer or redistribute the accessed / downloaded content for selling, leasing, republishing, creating derivative work or utilizing it in any manner or media without obtaining a prior consent from SEO HOST. You are not allowed to alter the sequences of any presentation, description, pictures, or illustrations in the accessed / downloaded content, or to remove the copyrights, trademarks and relevant proprietary rights notice from such content. You shall never try to reverse engineer our technologies or circumvent any devices designed to protect our/collaborating partner’s ownership interests in such technologies.
When a required End-user License is not part of the Service, it shall be your responsibility to procure appropriate licenses to use the Service. The Required End-user License shall include all licenses, consents or approvals from the owners / authorized distributors of software, hardware or other equipment that may be installed on or facilitated by the Service. You shall be liable to provide a copy of required licenses that are necessary/imperative for using the Service.
When you use the Service, it shall be deemed that you have obtained all the permissions, clearances, and authorizations to use the names, marks or other materials on the Service and/or retain the rights to transmit copyrighted material/content through the Service. If we believe or become aware that your use of the Service has created or likely to create any dispute between you and third parties, we may prevent you from using the Service any further, and suspend/revoke any content or material on the Service at our sole discretion and without any requirements to notify you about it. In such cases, we may share any record, information, or user data with the relevant authorities / third parties. No claim shall arise on the grounds that your content/material was revoked from the service or shared with the third parties without your permission.
When you place any content or information on the Service, it shall be deemed that you own / retain all necessary rights, titles and interests to such content, and consent to grant a non-exclusive non-transferable, worldwide, royalty-free, license to SEO HOST to use, transmit, or disseminate all technology, information, ideas, views, suggestions and feedbacks that you/end-users may provide or otherwise share via our help desk. This license shall terminate at the expiration of this agreement, and you or your licensors shall retain all rights, titles and interests in your/their technology.
We reserve a right to use your feedback information for our business promotion without any obligations or liabilities to compensate you for the intellectual property that may be based on an improvement of your ideas and suggestions.
The Service, including the network and products and services being offered by SEO HOST or made available on this website, shall be used for lawful purposes only. The users, including the guest visitors, shall comply with all the guidelines, agreements, applicable laws, and regulations for using the Service being offered on this website. We are fully committed to providing the highest quality of services, and any kinds of inappropriate, abusive or otherwise objectionable activities and conduct will not be tolerated on the network/service.
If we believe that your or any of your end-user activity is likely to make us legally liable or interfere with our ability to provide the Service to other customers, we may suspend or terminate our services on your account. The following activities shall be strictly prohibited on the Service and any such content, links of actions shall be deemed as a clear violation of this agreement:
Unless you have a reseller account, any feature or aspect of the Service, including the web space, emails accounts, add-on domains, or mailing lists of your single account shall be limited to your exclusive use. All the domains, add-on domains, and subdomains shall be used in relation to content promotion and business that are solely controlled by the account owner. You are not allowed to resell the resell individual services within any single account.
Damages : All "Acceptable Use Policy" violations subject to charge between $50 - $350 depending on type of violation.
SEO HOST will implement a help desk system to resolve your technical issues related to the Service. You can contact our help desk and raise a support ticket at any time, but live chat or telephonic support will not be the official methods of providing any kinds of help and support. We may try our best to resolve your problems through friendly and helpful support over liver chat or telephonic conversations, but there is no guarantee regarding the availability/accessibility of such support or technical expertise of our support executives. All help and support shall be subject to the availability of technical staff, communication media/resources and discretion of SEO HOST.
Live chat and telephonic inquiries shall be sued for general concerns regarding the Service. Any kinds of help and support that require proper investigation, research or access to any account/server shall be made by raising a support ticket. We reserve a right to direct any technical issue to the help desk and require the user to raise a support ticket for getting any solution to their technical problems. Once you successfully raise a support ticket, technical support shall be provided on as it is and as available basis.
If we believe that you are asking our support due to your lack of sufficient knowledge related to the services or required support exceeds that of similarly situated customers, we may impose certain fees or charges in lieu of additional support. Advanced support fee of $50 per hour shall be payable for any request that is outside the scope of standard support or caused by your own errors and omissions related to the Service. However, this paid support shall be subject to your consent.
When you request for a technical support, it shall be deemed as your consent to give full access to your account, equipment, and accessible features/items on the Service. The provisions related to the disclaimers of warranties and limitation of liability will apply to all kinds of technical support, advice, and recommendations that are provided by our staff.
No technical support shall be provided for issues related to the physical aspects/functioning of the Service or third party software even if it has been offered as part of the Service. All help and support shall be limited to our areas of expertise.
No technical support shall be provided to customers who fail to behave decently. If you are verbally abusive to the staff or demand more support than similarly situated customers, your request for technical support may be denied.
No technical help or support shall be provided to the customers of any re-seller on the Service. The resellers shall be liable for resolving all technical issues of their customers. If a reseller's customer raises a support ticket, we may hold his or her account until the respective reseller assumes its liabilities. The re-sellers shall be liable for all content stored or transmitted under their account. However, we will not hold any reseller responsible for your violation of the applicable laws or any provisions of this agreement.
It shall be your responsibility to create a backup of your data and files from each container before you initiate a request for technical support. If you are not satisfied with the solution or technical operation, the SEO HOST technicians will not be liable for restoring your data or files.
You should use our backup services at your own risk. The backup services are provided as a courtesy and in good faith, without creating any kinds of guarantee of backup date or accuracy and integrity of backup data. SEO HOST shall not be liable for any liabilities or damages that may arise from your reliance on our backup services, whether free or paid. We highly recommend that you should maintain your own backup of data or files stored on our servers.
The backup service shall be subject to your hosting account features. No automatic backups will be performed for accounts that lack this feature, exceed 100,000 inodes, and use dedicated services or other products and services that are non-accessible on a consistent basis. Our backups will be performed only on shared servers that house shared hosting packages or consistently accessible. Courtesy backup service not provided for virtual private servers or dedicated servers.
You can request one backup restore per calendar month for free. If you require any further restoration services, a non-refundable "restoration fee" of $10.00 shall be charged for each additional restoration. Please acknowledge and agree that any such backup restoration will overwrite any or all the current data on your hosting account. You shall bear all the risks that may be involved in a backup restoration process. SEO HOST shall not be liable for any data loss from incomplete restorations or failure of the backup restoration process. However, if any such backup restoration fails due to our errors and omissions, we will not charge any fee for running a backup restoration process.
You may terminate this agreement at any time by submitting a cancellation request from your client portal account. If you are unable to login to your account due to any reasons, you may write to our billing department, but we encourage you to submit your account cancellation requests from within your account so that any security issues or chances of errors are minimized. No account cancellation request shall be accepted through live chat , telephonic conversations or with email.
All such account cancellation request shall be submitted at least 48 hours before your Service renewal date. If a cancellation request is made within 48 hours of your Service renewal date, you will be billed for the next subscription period and shall be liable for discharging your obligations under this agreement. The acknowledgment message of any such cancellation request should not be deemed as a confirmation of your cancellation. Only authorized SEO HOST representatives shall be allowed to accept and confirm your account cancellation.
If you like to discontinue your hosting plan please follow the steps below.
If you are using PayPal as your payment instrument, it shall be your responsibility to cancel any subscription for recurring PayPal payments. We are not responsible for recurring PayPal payments after your account cancellation and no claims for a refund will be entertained. Similarly, if you are upgrading or downgrading your packages or any aspect of the Service, it shall be your responsibility to cancel any previous package.
In case of a material breach, the parties to this agreement shall be entitled to terminate this agreement by giving a written notice to the other party regarding any material breach by the other party. For incurable breaches, the termination shall be immediate, but in other cases the breaching party shall be allowed to correct the breach with 10 days of the written notice, failing which the agreement shall be terminated.
We shall be entitled to suspend/terminate this agreement if:
If your account is terminated due to any reasons other than a material breach of this agreement, we may refund any pre-paid amount in our sole discretion.
SEO HOST shall be entitled to cancel, suspend, terminate or otherwise restrict/refuse its services or any feature/aspect of the Service to anyone or everyone in its sole discretion and without the need to give any prior notice. If we believe that any material on the Service is illegal, derogatory, obscene, infringing, and objectionable or otherwise violate this agreement, we may remove such content or material from the Service in our sole discretion.
We may terminate any feature or aspects of the Service and cancel related orders if we are unable to deliver services, third parties stop making required components, or providing such features/services are no longer viable for our business.
SEO HOST reserves a right to restrict its services / hosting accounts in countries that are marked with a high rate of fraud. In such countries, we may require government issued identification proof, a scan of the credit card used for purchase or take other proactive measures to prevent fraud. All hosting accounts that fail to meet our screening requirements may be refused/terminated.
If you are located outside the United States, it shall be your responsibility to ensure that you can the Service in your home country without violating any local, state, federal, and international laws or restrictions/embargos for belonging to a terrorist supporting country or being listed on any governmental list of prohibited individuals or restricted entities.
The users are supposed to behave decently. Using indecent, abusive, vulgar, belligerent, highly rude, threatening language, including but not limited to the threats to slander, libel, publicly post, sue or initiate a chargeback shall be deemed as a violation of this agreement, and your account may be suspended or terminated.
When your account is suspended / terminated due to any reasons, no claims for a refund or damages shall be entertained for any unused pre-paid amounts, or our failure to notify you regarding such suspension/terminations.
You should acknowledge that suspension, cancellation, transfer or modification of your domain name shall be subject to applicable policies and protocols, including but not limited to UDRP, ICANN, ccTLD or other registry administrator procedures.
You shall indemnify and defend SEO HOST, its Collaborating Partners and each of their respective shareholders, directors, officers, employees and agents (each an "indemnified party" and collectively referred as "indemnified parties"), and hold them harmless against all claims, losses, damages, liabilities, actions, proceedings, and expenses, including the administrative proceedings, legal expenses or any such suits or demand asserted, threatened, or filed by a third party against any of the indemnified parties in relation to:
The indemnities granted in this section shall survive any termination of this agreement. SEO HOST shall be entitled to assume the exclusive defense of any subject matter under your indemnification and demand your full co-operation and support in asserting available defenses, including the legal expenses that may be involved in defending any claim or liabilities.
For this section only, the term ‘You’ shall denote you, your customers, and other users or visitors to your website who use any service that has been facilitated by SEO HOST.
It is the policy of SEO HOST to respond expeditiously to claims of intellectual property infringement. SEO HOST will promptly process and investigate notices of alleged infringement and will take appropriate actions under 17 USC §512 ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, when it is under its control, SEO HOST will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. SEO HOST will terminate access for customers who are repeat infringers. Webhosting customers must adopt and implement a DMCA policy that reserves the necessary rights to remove or disable infringing material.
If you believe that a copyrighted work has been copied and is accessible on our network in a way that constitutes copyright infringement, you may notify us by providing our registered copyright agent with the following information:
Elements of Notification:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [As an electronic signature, SEO HOST's agent accepts facsimile/fax and digitized image of your signature attached to electronic mail.]
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. [Please include a URL such as http://... or ftp://... identifying the material or representative material. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and timezone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed infringement should be directed to support [at] ahostinginc [dot] com
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Unless it has been specifically mentioned in this agreement, nothing on the website or written/oral communications by the customer support or other representatives shall create any kind of warranty or representation, including but not limited to warranties of accuracy, authenticity, reliability, availability (at any particular time or location), merchantability, non-infringement (of copyrights or intellectual property), fitness (for a particular purpose), suitability of certain features/aspects of the Service (as per your preferences and requirements), or any other warranty that may result from a course of dealing, usage or trade practice related to the Service being offered on this website.
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Unless otherwise mentioned in this agreement, nothing on this website shall create any kinds of warranty or representation regarding the accuracy, reliability, timeliness, completeness, suitability, availability or legality of information, material, service, or merchandise contained in, featured or provided through our network or Service. The employees, agents or representatives are not authorized to make such claims and you may not rely on any information being provided by our employees, agents, affiliates, and third party vendors or service providers.
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This limitation of liabilities shall be subject to your rights and will apply only to the extent such limitations or exclusion of incidental/consequential damages is permissible in your jurisdiction. In any case, SEO HOST shall not be liable to you for more than the total amount that you paid for accessing/using the Service for once (1) month preceding any event that makes us liable with respect to any and all breaches, defaults or claims under this agreement and/or applicable laws. All such claims shall be made within a period of 90 days from the date of the event (that allegedly makes us liable), failing which the aggrieved party shall lose its right to claim damages under this agreement.
Please acknowledge that the Service may be interrupted due to technical issues, maintenance requirements, introduction of new features/services, and any changes or modification in the Service. SEO HOST shall be entitled to modify, suspend, or terminate any feature or aspect of the Service in it sole discretion.
We shall not be liable for any such interruptions of the Service due to technical issues or otherwise, including but not limited to any non-performance due to force majeure events like natural calamities, acts of God, epidemics, shortage of supplies, failure of power, telecommunication disruptions, labor unrest, civil disturbances, war, terrorist attacks, governmental actions, non-performance of third parties or other circumstances beyond the reasonable control of SEO HOST.
Following a force majeure event, the rights and obligations of the excused party shall be extended on a daily basis during any such period of the excusable delay. The affected party shall be responsible for notifying the other party about any such delays or non-performance within 10 days of a force majeure event.
If the Service is disrupted due to any reasons, SEO HOST may provide a credit, in its sole discretion, to compensate for such disruption, provided that a support ticket is raised for the technical issues or the disruption of the Service. This credit shall be the only remedy for any disruption of the service.
The provisions of this agreement shall be governed by the relevant laws of the United States. SEO HOST will the laws and official policies of the United States irrespective of your home country where you use the Service. The parties to this agreement shall consent to submit before the non-exclusive jurisdiction of the courts in United States, in all matters involving access to this website or use of the Service under this agreement.
If any provision or part of this agreement is declared void by the courts or otherwise becomes unenforceable, the affected provisions/parts shall be severed and the remaining part of this agreement shall continue with full legal sanctity. When feasible, the impugned provisions/sections shall be replaced by new provisions in the true spirit of this agreement.
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If SEO HOST is unable to enforce a strict compliance of this agreement or waives certain rights due to specific circumstances, it shall never be deemed as a subsequent waiver its rights under this Agreement or a waiver of its rights to demand strict compliance for any subsequent violations.
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Once notified, the modified agreement will replace this agreement after a period of 30 days from the notification and supersede all previous versions of this agreement unless any version or parts of has been retained. All policy changes that are required to comply with any laws or urgent requirements shall become effective immediately upon their notifications. Continued access to the website or use of the Service after any such policy modification shall be deemed as your consent to accept the modified agreement. If you are not comfortable with modified agreement or such changes materially affect your ability to use the Service, discontinuation of the Service shall be the sole remedy.
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You should acknowledge that the Service may not be suitable for storage or control of children database or other sensitive information like medical and health information of any individual or group. We don’t monitor or control any information or data that you may store or transmit through the service.
We disclaim all warranties and representation regarding the compliance of the Service with the federal Health Insurance Portability and Accountability Act. The Service should not be used for storing any sensitive/protected health information that is governed under HIPAA. Storing and permitting accessing to sensitive health information (as defined and protected under HIPAA) shall be deemed as a material violation of this agreement and valid ground for immediate termination of your account on the service.
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