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Hosting Terms of Service

Fair and transparent pricing: Our TOS clearly define pricing structures, billing cycles, and any applicable fees.

Responsible use of resources: Your hosting plan comes with specific resource limitations to ensure optimal performance for all users.

Prohibited content and activities: We maintain a clean and secure environment, and our TOS outline prohibited content and activities, such as illegal or harmful material.

Data security and privacy: Your data is your own, and our TOS detail our commitment to data security and privacy, including encryption, backup, and incident response protocols.

Dispute resolution: We strive for clear communication and mutual understanding, but if issues arise, our TOS outline the process for resolving disputes.

1. SERVICE LEVEL AGREEMENT (SLA)
1.1. We use high-speed servers from SiteGround, ChemiCloud, and Protilt. SiteGround’s Service Level Agreement sets out the performance you can expect from in our starter and Grow Big plans. Our Enterprise plans provide the maximum performance with SSD servers and multi-CPUs governed by Chemicloud’s TOS. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

1.2. We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:

  • 99.9% – 99.00% uptime: 1 month free hosting
  • An additional month of free hosting for every 1% of uptime lost below 99.00%.

1.3. You may check the status of your hosting server uptime from your User Area. or My Site Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.

1.4. The following events do not count towards our calculation of uptime:

Scheduled maintenance;

Emergency maintenance, hardware and software failure remedied under 1 hour;

Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;

  • Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
  • Downtime caused by you, your own configuration, or third-party applications you use;
  • Downtime caused when you reach the maximum resources allocation for your plan;
  • Downtime caused by your violation of these TOS or any other policy announced on our website;
  • Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;
  • Downtime caused by nonrenewal of your service;
  • Downtime during processing of your technical support request(s); or
  • Force majeure or any event beyond our control.

1.5. Our calculation of network availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.

2. FEES AND PAYMENT
2.1. You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.

2.2. The current fee(s) and payment method(s) are listed on our website. Unless a specific agreement for use of the Service(s) exists between Mafost Marketing and you, you acknowledge and agree to pay the fee for the respective Service(s) indicated on our website at the time you submit your Order. Mafost Marketing reserves the right to change the fees at any time without notification. Transfer, migration, and renewal fees apply. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.

2.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Services.

2.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. Mafost Marketing has no control over such fees.

2.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to Mafost Marketing. Domain name registration fees must be paid in full before your domain name registration will be processed.

2.6. In the course of the order process, in case of payment by card, you will be asked to provide your card information, which will be verified. By submitting an Order you authorize Mafost Marketing to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to Mafost Marketing, we will not be liable for non-provisioning the Service(s).

2.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.

2.8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any Mafost Marketing Service(s) you purchase or renew.

2.9. Our obligation to provide the Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.

2.10. You are responsible for keeping at least one active payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. You can manage your payment method(s) in the Mafost Marketing User Area.

2.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorised by the owner of the card to use it for the purchase.

2.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Mafost Marketing, including without limitation, any court and legal fees and Mafost Marketing’s reasonable attorneys’ fees. We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Service(s).

2.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.

2.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other Hosting Accounts or to third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.

2.15. Invoices are due immediately upon receipt. Mafost Marketing reserves the right to suspend and/ or terminate the Services until payment is made.

2.16. By accepting these TOS, you hereby authorize Mafost Marketing to send you invoices electronically at the email address specified in your User Area. If you would like to receive a paper invoice, please contact us through your User Area.

2.17. Should the Services be suspended due to your fault for any reason, Fees will continue to accrue until the termination or expiry of the term of this Agreement.

2.18. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” 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 Fees.

2.19. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. Mafost Marketing is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

3. RENEWAL POLICY
3.1. All our Services are by default set to renew automatically, with the exception of Reseller Shared Hosting accounts and upgrades. You can adjust the renewal settings and/or renew Services manually from the Mysitearea User Area at any time before a Service is terminated.

3.2. All available Renewal Terms and the respective Renewal Fees are set out in your User Area. From time-to-time special promotions may be available only for manual renewal of your Services.

3.3. We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s) 1 day or more days prior to expiration of the current Term. We may provide a grace period after nonrenewal to grant time for you to make payment. This grace period provision is not guaranteed.

3.4. If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. In some cases, your term expires and we need to provide a new quote for services. It is your responsibility to review and accept the quote if you choose to renew. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.

3.5. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed. We are not liable for any losses due to nonrenewal or inactive account status.

3.6. You acknowledge and agree the Service(s) shall be terminated upon expiry of the term, unless you activate the automatic renewal option or manually renew the term of the Service(s). You agree that Mafost Marketing shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.

3.7 You acknowledge sole responsibility for website migrations or file storage after hosting services expire. Users are responsible for backing up their data before migration. Unless specified in a website migration agreement, we are not responsible for data loss or website malfunction due to user errors or incompatibility with the new hosting environment.

4. Customer Account

4.1 You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure.

4.2 Login to the account requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them.

4.3 Whether you manage your account or hire someone to help you, you indemnify us against all losses and liabilities sustained by us should you administer the Account in ways that are adverse or result in any claim against us.

4.4 Ownership of the account. You are the owner of the content you upload to your account, including files and databases. We maintain the hosting account and facilitate your access to it. We recommend regularly backing up your files and databases to ensure their long-term safety and preservation. As soon as your hosting service is inactive (either due to nonpayment, nonrenewal, or cancellation, etc), you will no longer have access to the account.

5. Use of Services, Customer Responsibility

5.1 You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.

5.2 You must ensure that each of your End users complies with these TOS, and to any policies and agreements that are incorporated by reference.

5.3 Website hosting is not the same as website management, website migration, website development, or other such services. Our hosting service is limited to providing you with server access, uptime, and any specific services with a custom work agreement/order. It is your responsibility to develop, manage, and otherwise maintain your website, domain, and related settings.

5.4 You shall not use our Service(s) for hosting websites for high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.

5.5 You are responsible for providing accurate and complete information about you and your organization (if you purchase on behalf of a organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

5.6 You are responsible for providing up to date licensing for any software, plugins, or applications on your website and promptly update all needed licensing to ensure proper functioning of your site. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.

5.7 You are responsible for all your activity related to the use of our Service(s) and the activity of any user who has access to your Customer Account and the Services.

5.8 You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.

5.9 You shall indemnify, defend and hold harmless Mafost Marketing, and its respective officers, parent company, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your or your End Users’ acts or omissions.

5.10 You must obtain all equipment necessary to access and use our Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Service(s). When accessing or using our Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).

5.11 You must obtain all proper licensing and access rights to software prior to the end of your hosting service. Any software licensed to you by us during the term of our hosting service may be terminated if or when your hosting service terminates. Any files or software remaining on your hosting account after the termination of this hosting service may be deleted and removed from our servers at our discretion.

5.12 If you use any third-party software on the Services, you warrant to Mafost Marketing that you are duly licensed to use the software, and that the licence grants sufficient rights to Mafost Marketing to provide the Services. You agree to provide us with such licence(s) upon request. If you fail to provide reasonable evidence of licensing, we, at our sole discretion, may suspend the Services and/or terminate the Agreement with immediate effect.

5.12 You are responsible for maintaining the functionality, security, and compliance of your website(s) hosted on our Services. This includes ensuring that your website(s) are not “broken.” If your website becomes broken (such as pages not loading, malware suspected, spam practices, etc), you must take reasonable steps to fix it within 5 days. If you fail to do so, we may suspend or terminate your account at our sole discretion.

5.13 You shall indemnify us against any costs, claims, losses, damages, liabilities, demands and/or expenses including reasonable legal costs incurred and/or suffered as a result of any failure by you to be properly licensed in respect of use of third-party software.

5.14 You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, or services contained on our Site (including your user account), except where explicitly authorized by us.

5.15 You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.

5.16 You are responsible to make backup copies of all your content uploaded, stored, published and displayed on or through our Service(s) in a location independent of ours, and will not use our Backup Services as your sole backup.

6. Technical Support

6.1 We provide technical support for issues related to functionality of any Service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis.

6.2 We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within 24-48 hours as advertised on our site.

6.3 If you request technical support, you agree that we may have full access to your Services and/or Content. Technical support fees may apply. In some cases, we may refer you to outsourced service providers. It is your obligation to perform and store a backup of your data and files prior to requesting technical support. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or Services. It is your responsibility to ensure that your website is operational and the Services are configured to your needs once we complete work on your request.

6.4 If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.

6.5 To the maximum extent applicable under national law and without affecting your rights as a Consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these TOS. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again.

6.6 Certain issues are outside the scope of our free technical support:

  • Issues related to the installation of third-party scripts/applications not provided by SiteGround;
  • Website related inquiries such as coding issues, database optimizations, benchmark tests, installation of new software on the server, changing the current setup of your servers, etc.;
  • Issues related to web design, web development and/or customization;
  • Inquiries related to the functioning of scripts, optimizations, SEO services, themes or extensions;
  • Website security audits and malicious code clean-up issues.

6.7 If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.

For help with these matters, please view our other website support services.

7. Backup Services

7.1 You acknowledge and agree that it is your responsibility to regularly back up all your Content in order to prevent potential data loss. We will use commercially reasonable efforts to back up data stored on your Hosting account. We will not back up files containing temporary or transient data, or licensing that requires active hosting service, which cannot be restored in a useful state.

7.2 Ultimately, you are responsible for maintaining independent backups of your website’s content. Our backup services are meant to be an additional layer of protection, not a replacement for your own backup practices.

7.3 Limitations of Backups: Even with the best technology, unforeseen circumstances can sometimes prevent us from restoring a backup upon your request. This could be due to:

  • Technical Issues: Like hardware failures, software glitches, or corrupted backup files.
  • Backup Data Limitations: For instance, a backup might not be available if it contains an excessive number of files or files that require active hosting for licensing.

Connected to this TOS are:

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