UK Linux Cloud Unlimited
UK Linux Cloud PRO Unlimited
UK Windows Cloud Unlimited
UK Reseller WHM-25
These Hosting Terms of Service and Acceptable Use Policy (collectively referred to as "Agreement" or "Contract") is between www.Mauritius.biz Hosting (represented by Mr Junaid Ghulam Rabbani), hereinafter known as "Provider" and You the "Customer".
This website www.mauritius.biz (‘the Website’) is owned and operated by the Provider, and having its registered address at 2B Wakin Residence, 31 Etienne Pellereau Street, Port Louis, Mauritius.
Provider aims to provide a wide range of Internet services to Customer that include but are not limited to Shared Web Hosting (branded as “Business Hosting”, Reseller Hosting and “Master Reseller Hosting”), Virtual Dedicated Web Hosting (branded as “Linux Virtual Dedicated Hosting”) and Domain Name Registration, collectively referred to as "Service" or "Services".
This Agreement sets out the terms and conditions upon which Provider will provide the Service to the Customer. This Agreement is made effective as of the Domain Name Registration Date or Account Activation Date, whichever is earlier.
Customers use of Providers Service means that Customer accepts and agrees to abide by all the terms set out here.
Customer agrees that by merely placing an order either by means of electronic ordering (web order form) or by submitting a written order (on paper or via SMS) or simply verbally, and receipt of such order by Provider, that you are agreeing to this Service Agreement and Provider Acceptable Use Policy. No Modifications of said Agreement and Policy by Customer is allowed.
This Agreement is intended to cover any and all domain name registrations, web & e-mail hosting services and website design and maintenance services provided by Provider and received by the Customer. This Agreement contains the entire understanding between Provider and Customer with respect to the services ("Services") described and published on Provider Website and supersedes all prior Agreements, understandings, negotiations and discussions, whether oral or written, between Provider and Customer.
Customer shall at all times comply with and help ensure that their Customers comply with the terms of this Agreement. Customer acknowledges and agrees that its entire right relating to Provider Services are as set forth in this Agreement and hereby waives all other rights that it may have by implication of law or otherwise.
Use of Provider Services (includes but not limited to logging-in to the hosting control panel, using e-mail or uploading files on the server, among others, constitutes acceptance and agreement to Provider Terms of Service (Service Agreement).
Provider reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to Customer. Customer understands that any changes to the Agreement by Provider shall not be grounds for early contract termination, non-payment of any outstanding dues, request of refund or for any lawsuit filed against Provider. Continued use of Provider Services by the Customer, after any changes to the Agreement constitutes, acceptance and agreement by Customer to these changes.
Subject to the terms and conditions of this Agreement, Provider agrees to provide domain name registration, web & e-mail hosting and/or related services specified in the Order. Subject to Provider's & Customer's right to terminate this Agreement, as described in sections 9 & 10 of this Agreement respectively, Provider may expand or contract the scope of the Provider services by issuing to Customer a notification e-mail at least three (3) days in advance of such change.
2.0 Initial Term
The initial term commences upon acceptance of the Order by Provider from the Customer and the hosting account set up and issuance of login details by Provider to the Customer. By accepting the login details, the Customer hereby acknowledges the commencement of the initial term of this Agreement and Acceptable Use Policy.
3.0 Renewal Term
The renewal of this agreement and any or all services provided by the provider will be in accordance with sections 9 or 10 of this Agreement. The services provided by the Provider under this agreement will not automatically renew after their expiry.
4.0 Fees and Payment
The Customer agrees to pay Provider, without limitation, for its domain name registration and hosting and related services as specified in the Order and all other fees incurred by the Customer related to supplemental services including, but not limited to: domain name registration/renewal, professional consulting, and support services supplied by Provider.
4.1 Measuring Bandwidth Usage - Provider will measure usage of the services in accordance with Provider policies and practices in effect from time to time.
4.2 Charges - Monthly Base Fees will be charged in advance and will be paid yearly.
4.3 Fee Changes - Provider may increase or amend any of the Customer Fees and such Fees changes will only be applicable for the next billing period/Invoice.
4.4 Hosting Renewal Payment Procedures - Attention is drawn to the Customer that all Provider hosting Accounts DO NOT renew automatically upon their expiry. Provider will post Hosting Renewal Invoice(s) in the Customer Billing Area. Copy of such Invoice(s) will be emailed to Customers billing contact email address ten (10) days in advance of the expiry of the hosting period. Invoice submitted by Provider to the Customer are due on presentation and must be settled upon presentation. Provider reserves the right to disable and/or suspend services provided to the Customer if the Customer fails timely payments for Invoices duly issued by Provider.
Please also refer to clause 10.2 of this agreement.
Re-activation of expired accounts will require full payment plus a re-activation fee of Rs 500.00. Re-activation of a disable/suspended/expired account may take up to seventy two (72) hours after payment. Provider will permanently delete delinquent accounts overdue past seven (7) days, from the system, without incurring any liability whatsoever for loss of data (any website content, databases and e-mail or any other data stored on the server).
5.0 Additional Terms for Domain Name Registration and Renewal
5.1 Registrar Services. Provider has entered into agreements with various ICANN Accredited Domain Name Registrars, ("Registrar") to provide you with domain name registration services, for any requests by you to Provider to register an Internet domain name. As consideration for the domain name registration services provided by Registrar to you, on behalf of Provider, you agree to pay Provider, prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Provider price schedule for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration.
Customer acknowledges that Provider registers or renews domain names as an affiliate or a reseller of other domain name registrars and is not a domain name registrar on its own. Hence Provider cannot be held responsible for any and all problems arising with domain name registrations or renewals (including any failures, lapses, transfer of domain name to any third party, or non-renewals of domain names) effected by Provider on behalf of the Customer under this agreement and Customer hereby irrevocably waive any and all claims and causes of action against Provider which may arise due to such problems.
All domain name registration and renewal fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Provider reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until Provider receives actual payment of the registration fee, and have confirmed your registration in an email from Provider to the email address indicated in your registration application.
5.2 Domain Name Intellectual Property Rights. Provider makes no representations concerning and does not guarantee that your domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. You agree to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy, and related agreements, as duly published by the appropriate domain name registrars on their respective websites.
6.0 Customer Obligations
Customer shall at all times comply with this Agreement. This Agreement recognizes the fundamental fact that no one owns or controls the Internet. Provider cannot monitor or control all the activities of its customers. Provider does not intend to actively screen, review, and sensor, edit or take responsibility for the activities or content of its customers. Customers, not Provider, assume all responsibility relating to their Internet activities.
6.1 Hardware, Equipment and Software. Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the Internet and Provider’s services. Customer is responsible for all costs to access the Internet and Provider’s services. Provider makes no representations, warranties or assurances that Customer's equipment will be compatible with Provider's services.
6.2 Allowed Hosting Content and Activities. Provider servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. It is absolutely forbidden to host pornographic/adult content, WAREZ or IRC servers on Provider servers. Any Customer found hosting this material will be subject to immediate cancellation without refund.
Any content that will promote or cause any of the following activities, is strictly NOT Allowed:
Any unlawful activity or is considered offensive by the web community, promotes injury or physical harm against any group or individual, promotes or teaches illegal activities, exploits or depicts children in a negative way, infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez and software serial numbers or registration codes, violates any law, statute, ordinance or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade in firearms, privacy, data transfer and telecommunications.
Gaining or attempting to gain unauthorized access to servers or services. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), phishing, password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Running programs continuously in the background without our permission.
Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses.
Using (fake) IP addresses which were not assigned to them by Provider.
Uploading anonymous content (content without a valid contact address and telephone numbers).
Running Internet Relay Chat (IRC) bots or Customers.
Hosting, sharing, storing and distributing any type of audio, music or video files.
Advertising or promoting sale (for free or for whatever cost) of any products or services that are considered immoral.
Offering "Free" E-mail Service.
Content that requires PRIOR PERMISSION and written AUTHORIZATION:
Set up of any Media Portals, File Storage, Social Networking sites, Forums, Bulletin Boards or Live Chat.
IMPORTANT NOTICE: Failing to abide to rule 6.2 will result immediate suspension and/or deletion of the Customer account, WITHOUT ANY LIABILITY.
6.3 Value Added Reselling. Customer is not allowed to market or resell (at a cost or for free) the web & e-mail hosting services provided by Provider to the Customer, unless expressly agreed upon in writing between Provider and Customer. This includes, but not limited to: Web Hosting Space, Sub-domains, E-mail and FTP accounts and storage of third-party data on Customer’s storage area. Violations of this policy carry severe penalties, including immediate termination of service.
6.4 SPAM and Unsolicited Commercial Email (UCE). Provider takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that customers of Provider may not use or permit others to use Providers network to transact in UCE. Customers of Provider may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In order to prevent unnecessary blacklisting due to spam, Provider reserve the right to occasionally sample bulk email being sent from its servers.
As Customers are ultimately responsible for the actions of their clients over the Provider network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
BEGINNING IMMEDIATELY, any websites or services on our server that support spammers or cause any of our IP addresses to be listed in any of the various Spam Databases, will have their account immediately suspended from our network. The account will not be reactivated until such time that Customer agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Persistent or subsequent violations may result in immediate and permanent deletion of the account from our network without notice to the customer.
6.5 E-mail (including WebMail) Service and Website Contents. Customer publishes any information on its Website at its own risk. Customer is solely responsible for safeguarding any information it stores on the Provider servers.
6.5.1 E-mail Retrieval. Under the terms of the Agreement, Customer is obliged to check their e-mails (via Microsoft Outlook or any other suitable POP3 e-mail application) on a regular basis and atleast once (1) per week. Customers bear the burden of downloading all e-mails from the Provider's e-mail servers to their local personal computers and to empty & liberate their e-mail inbox. Customer acknowledges that e-mail messages sent to them, maybe sent back to the sender, should the capacity of the respective e-mail inbox becomes full.
6.5.2 Webmail Service. Access to Webmail is ONLY provided as alternative means to access e-mails from the Provider Mail servers. Webmail must not be used to store e-mails for a long period, due to the volatile nature of the mail system. As noted in clause 6.5.1 above, Customers bear the burden of downloading all essential e-mails from the Webmail interface to their local personal computers at appropriate intervals. Provider mail servers must never be construed as backups of essential e-mails and must never be used as such.
6.5.3 Website Content (including File Transfer Protocol [FTP] storage). Customers expressly acknowledges that it will use Providers service solely as a means to publish it's website and share files with users via FTP. Customers must ensure that they have local copies of all content uploaded to Providers servers and should not use Providers servers as a means of permanent storage, due to the volatile nature of the Web and FTP server system. As noted in clause 6.6 below, Customer bear the burden of downloading all essential files from the Web, Database and FTP servers to their local personal computers at appropriate intervals. Providers Web, Database and FTP servers must never be construed as backups of essential data and must never be used as such.
6.5.4 UNLIMITED Content (Disk Space). Any Hosting service sold as 'UNLIMITED' by Provider means that the Customer will be allowed to upload unlimited data for their web site and content stored in SQL databases. However, the space is NOT provided to upload and store personal files/documents as offsite mass data storage. The maximum E-mail Inbox (IMAP & POP3) size is 10GB per E-mail account. Access to E-mails will be interrupted if/when the Inbox reaches the maximum capacity of 10GB. Refer to Clause 6.5.1 above.
6.6 Backup Copy of Data. It is further expressly clear and agreed by the Customer that it is the Customers entire responsibility to maintain local backup copies of all their web content including all files, e-mails and databases stored on the Providers servers and any other information which is important to the Customer. Provider cannot guarantee that the contents of a web site will never be deleted or corrupted, or that a backup of a web site will always be available. Under any circumstances, Customer must not rely on Provider to provide backup of data to Customer.
Exception to clause 6.6: Provider can provide a Special Backup Service called "SiteCloud Backup" to Customer to backup Customer web & database content (once every week, max. 10GB) on a special externally hosted cloud server, for an additional fee. If the Customer has subscribed to this additional service, then clause 6.6 does not apply to Customer under this Agreement.
6.7 Requests for Customer Support. Provider operates a Web-based Customer Service Portal to provide Customer Support to all it's Customers. Customers are informed of the address of the web based Customer Service HelpDesk in the welcome and login details e-mail which is sent to the Customer upon signing up. Customer is advised that they should use the web based Customer Service HelpDesk (WHMCS) as the only proper means to request customer support from Provider.
Provider will acknowledge all customer support requests submitted via the web based Customer Service HelpDesk, within the published working hours of receiving such requests. Customers are made aware that failing to use web based Customer Service HelpDesk (WHMCS) properly, or using other means (like telephone calls, mobile SMS, emails, etc.) to request customer support may result in their requests being delayed or not processed at all.
Privacy Statement: Customer also acknowledges that by requesting customer support, Customer automatically authorizes Provider to access their account for the purpose of testing and providing necessary support. It is further understood by Customer that Provider can only access Customers account (including e-mail, web content, database, etc.) if Customer had initially provided the correct account username & password and authorizes Provider to reset the username & password (if needed) for the purpose of attending to customer support request.
6.8 Advertising. Customer hereby agrees and allows Provider to advertise the Customer as its Customer on its Website Portfolio, Brochures and Flyers, Billboards, Newspaper, Radio and any other suitable communications media for marketing purposes.
7.0 Provider Obligations
7.1 99.9% Network Uptime Assurance. Provider will ensure 99.9% uninterrupted access to its servers to all hosting customers who have purchased said service from Provider. Should access to the servers become unavailable for a cumulative period up to one hour in any one calendar month, Customer will receive a refund equivalent to one day of Customer's pro-rated Recurring Monthly Fees for that month.
Customer will receive an additional refund of one day of the pro-rated Recurring Monthly Fees for each additional hour, or portion thereof, of unavailability. All refund calculations will be based on unavailability in one-hour increments. This Agreement does not cover outages caused by server component failure, equipment and/or events outside our facility. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance.
Any and all refunds to Customer will not and cannot exceed 100% of the Customer's Recurring Monthly Fees for the month in which the refund is paid.
This uptime percentage is a monthly figure, and is calculated solely by Provider based on data provided by external monitoring services contracted by Provider to monitor its servers. Details of monitoring services currently contracted by Provider to monitor its servers can be obtained upon request. Refunds under this clause are provided only upon receiving a Request for Refund from the Customer via a Billing Ticket.
7.2 Performance Assurance. Provider will maintain its network in such a manner as to provide to all customers the best possible performance on the Internet. In order to achieve this, Provider makes the following guarantees to all paying customers:
• 99.9% assured uninterrupted transit to the Internet
• Zero packet loss internal to Provider network
7.2.1 Resource Utilization on Linux & Windows Business Hosting. Please note that while bandwidth and hosting space are "Unlimited", CPU and Memory resources on the Linux & Windows servers are not. Currently, all accounts are allowed to fully utilize a portion of the CPU and up to 1 Gigabyte of memory at any given time. If your site is using more than that consistently, or if you max out your resources, your site will begin to slow down and, eventually, will stop serving altogether until the resource usage comes down to a normalized level while the server continues to serve your neighbors. In other words, your site may appear "down" though the server is up if you max out your resource container.
7.3 Temporary Suspension. The Customer agrees that it may be necessary for Provider to temporarily suspend Services for technical reasons or to maintain the Provider network, the Equipment or any other facilities, the timing of which will be as determined by Provider. Such suspension of the Services will not be an "interruption" of the Provider Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
7.4 Emergency Suspension. Provider may interrupt the Provider Services at any time for any duration of time, without penalty or liability for any claim by Customer, where necessary to prevent improper or unlawful use of the Provider Services, Provider service facilities or connections or Provider network.
7.5 Full Maintenance Suspension. It is Provider policy to perform comprehensive and full maintenance on its servers from time to time. One comprehensive or full maintenance per year will typically be performed on each hosted server, and minor maintenance may be performed more frequently. Operations that may be performed as part of full maintenance include (inter-alia) the following:
* Installation of operating system updates and patches.
* Updates and patches of Control Panel and other applications.
* Software diagnostics.
* Disk storage replacement & optimization.
A Full Maintenance on Provider Servers may require server downtime, depending on what tasks need to be performed. It is agreed, understood and accepted by the Customer that the Customer may be asked to re-initialize databases, re-upload content and re-create e-mail accounts again and from scratch on Provider servers, as a result of a full maintenance. The Customer will be informed at least 48 hours in advance of a full maintenance and that if such an action is required on behalf of the Customer. The Customer assumes full responsibility of taking any and all measures possible to reinstate its data back on the servers after the Customer is informed of the completion of the full maintenance and that the servers are ready. At no material time Provider assumes responsibility of reinstating the Customers data back on the servers, except where it was particularly and exceptionally requested by the Customer in writing and agreed by Provider in writing before the full maintenance started. Provider does not bind itself to accept such a request, without incurring any liability whatsoever. However, in exceptional circumstances Provider may accept to reinstate data for the Customer and charge the Customer a fee.
8.0 Notifications of Violation and Account Suspension
Provider reserves the right to monitor each Customer or user's activities to determine if a violation of this Agreement has occurred.
First violation: Any Customer, which Provider determines to have violated any element of this Agreement and/or Acceptable Use Policy, shall receive an e-mail, warning them of the violation. The service may be subject at Provider discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Customers that Provider determines to have committed a second violation of any element of this Agreement and/or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Any accounts suspended under the above clause will attract a "re-activation fee". This fee will be determined at time of re-activation.
9.0 Termination of Hosting Service by Provider
If Customer breaches any of its obligations under this Agreement, then Provider may terminate this Agreement by giving Customer notice of termination, and termination will take effect immediately when notice is given. No refunds of fees paid will be made if account termination is due to a violation of any of the clauses of this Agreement.
9.0.1 Harassment and Abuse
Provider practices zero tolerance against harassment and abuse of any kind towards its staff. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue, threats to report to any authority, and any intentionally disruptive behavior directed at Provider or any of it's staff, resellers or agents. Client agrees to engage Provider in a professional manner whether in email, Customer Service HelpDesk tickets, live chat, forums, or on the telephone.
Any harassment and abuse will be construed as a violation of this Terms of Service agreement and WILL RESULT IN IMMEDIATE SUSPENSION AND/OR TERMINATION OF CUSTOMER ACCOUNT.
Provider will not incur any liability whatsoever and no refunds will be provided for any service suspension and/or termination which arises as a result of a violation of this clause.
9.0.2 Denial of Service
Provider reserves the right to refuse service to anyone at any time WITHOUT GIVING ANY REASON WHATSOEVER. Provider reserves the right not to accept a new hosting order from any Customer or renewal of an order from an existing Customer, should Provider feels that accepting an hosting order from that specific Customer will not be in the good interest of Provider.
10.0 Termination of Hosting Service by Customer
10.1 Cancellation Policy. If the Customer cancels the Hosting Agreement, for whatsoever reasons, Provider shall not refund any fees paid in advance of such cancellation. Customer will be required to pay 100% of Provider's standard monthly charge for each month remaining in the term.
10.2 Renewal after expiry of 1 year. If the Customer wants to renew the hosting service after the expiry of the 1 year hosting period, the Customer must notify Provider in writing of the renewal of hosting service by sending an e-mail or registered letter to Provider. Failure on part of the Customer to inform Provider of it's intention to renew the hosting service, will be construed as a fact that the Customer does not want to continue with the hosting service for another 1 year and Provider will not renew the domain name and also will have the right to delete Customers account from its servers.
11.0 Network Interference by Third Party
Customer acknowledges that using a web service has its risks and accepts all such risks when using a web service (including e-mail) offered by Provider and any unauthorized or illegal use of the Provider Network or any inter-connected network by third parties. Provider will use reasonable commercial efforts to assure a reasonable level of security for its network, however it provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's network.
12.0 Electronic Commerce
The Customer is solely responsible for all aspects of their online store or e-business. This includes, but not limited to:
• The accuracy of statements and materials related to your products and/or services.
• The accurate calculation and application of shipping, sales/value added tax and any other applicable taxes or charges.
• Processing Customer orders, inquiries and complaints.
• Maintaining the confidentiality of your Customer's credit card numbers and private information.
13.0 IP Address Ownership
It is possible for the Customer to have their Shared IP address hosting account converted to Fixed IP address hosting account, but the Customer will have to justify why they need a Fixed IP address with their hosting and provide valid reasons. Provider is governed by the Fixed IP address rules, as set by ARIN and needs to provide this information to ARIN at anytime. ARIN requires that all IPs use be justified since IPs are limited and can't be allocated to all running servers worldwide. Reference is made to section 18.104.22.168 in the ARIN numbering manual.(http://www.arin.net/policy/nrpm.html#four237).
All IP addresses provided to the Customer remain the property of Provider and Provider retain the right, if necessary, to alter or altogether change IP addresses already assigned to Customers hosting account.
Customer shall be notified of any such change with a 24 hours notice by email or other means for the purpose of network management.
14.0 Limitation of Liability & Customer Acknowledgement
Provider is not responsible for any damages your business may suffer by subscribing to any of its services. Provider does not make implied or written warranties for any of its services. Provider denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider.
On-line (Internet) problems occur continuously. There might come a time when the Customer cannot access their website, e-mail, or any other service. This is not necessarily due to fault of the Provider. Perhaps Customer's Internet Service Provider (ISP) is experiencing technical difficulties, or there might be a routing problem between Customer's ISP and Providers servers, making communication difficult or impossible. Provider cannot bear the responsibility of such problems. Provider uses specialized monitoring agents to determine the uptime of its service, and does not need to rely on Customer's experience.
Customer acknowledges and agrees neither Provider nor any of its members, shareholders, directors, officers, employees, agents, representatives or resellers will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this Agreement and/or Acceptable Use Policy or by virtue of clauses 6, 8 and 9 of this Agreement. If, despite the foregoing limitations, Provider or any of its members, shareholders, directors, officers, employees, agents, representatives or resellers should become liable to Customer or any other person in connection with this Agreement and/or Acceptable Use Policy for ANY REASON, then the maximum aggregate liability of Provider, its members, shareholders, directors, officers, employees, agents, representatives or resellers for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to Provider for three months of service under this Agreement.
14.1 No Warranty
THE PROVIDER MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE WEBSITE AND E-MAIL HOSTING SERVICE, ADVERTISING, THE FUNCTIONALITY, PERFORMANCE OR RESULTS AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND TITLE. PROVIDER SPECIFICALLY DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
14.2 Limitation of Damages
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE TERMS OF SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, PROVIDERS MAXIMUM AGGREGATE LIABILITY, AND THAT OF PROVIDERS AFFILIATES, AND EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, SHAREHOLDERS AND EMPLOYEES OF PROVIDER AND OF PROVIDERS AFFILIATES, UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE SERVICES FOR THE THREE MONTHS PRIOR TO THE OCCURRENCE GIVING RISE TO THE CLAIM.
14.3 Common Carrier
Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, and is NOT a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer's material submitted to Provider for publication or published by Customer itself. Provider's publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
14.4 Force Majeure
Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable-cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Government of Mauritius or of any other Government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said Governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Customer will indemnify and save harmless Provider and its members, shareholders, directors, officers, employees, agents, representatives or resellers from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against Provider or any of its members, shareholders, directors, officers, employees, agents, representatives or resellers in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this Agreement and/or Acceptable Use Policy, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
16.0 Governing Law
This Agreement shall be interpreted in accordance with and be governed in all respects by the laws of the Republic of Mauritius. The courts of the Republic of Mauritius shall have non-exclusive jurisdiction to entertain any action or proceeding brought by the parties in connection with this Agreement and/or Acceptable Use Policy or any alleged breach of this Agreement and/or Acceptable Use Policy. The parties each attorney irrevocably to the jurisdiction of such courts.
Acceptable Use Policy
This AUP governs the use of Mauritius.biz Hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Mauritius.biz Hosting regarding the interpretation of this AUP, Mauritius.biz Hosting interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact web based Customer Service HelpDesk.
You may not publish or transmit via Mauritius.biz Hosting service any content that Mauritius.biz Hosting reasonably believes:
constitutes child pornography;
is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
is defamatory or violates a person's privacy;
creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
improperly exposes trade secrets or other confidential or proprietary information of another person;
is intended to assist others in defeating technical copyright protections;
clearly infringes on another person's trade or service mark, patent, or other property right;
promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Mauritius.biz Hosting; or
is otherwise malicious, fraudulent, or may result in retaliation against Mauritius.biz Hosting by offended viewers.
Content "published or transmitted" via Mauritius.biz Hosting service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Mauritius.biz Hosting.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
System Resource Usage (CPU/Memory/Disk IO/etc.)
First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Mauritius.biz Hosting staff members will judge based on server performance on what type of activity is considered as abusive.
Background processes are not permitted on the Linux Business, Linux MediaServe, Windows Business, or Reseller plans here at Mauritius.biz Hosting (does not apply to Linux Virtual Dedicated plans). Please consult the sales department on whether your application can be handled by your product of choice.
Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed a reasonable number of gigabytes per month for the Services ordered by Customer on the Order Form. Mauritius.biz Hosting will monitor Customer's bandwidth and disk usage. Mauritius.biz Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the reason amount, inline with Customers business usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Mauritius.biz Hosting sole and absolute discretion. If Mauritius.biz Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Using a hosting account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.
Bulk Commercial E-Mail
You must obtain Mauritius.biz Hosting advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Mauritius.biz Hosting reasonable satisfaction:
Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and Mauritius.biz Hosting requests to produce consent evidence within 72 hours of receipt of the request.
The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites.
You have procedures in place that allow a recipient to easily revoke their consent, such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
You must post an abuse e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
You have the means to track anonymous complaints;
You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Mauritius.biz Hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Mauritius.biz Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Mauritius.biz Hosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your Mauritius.biz Hosting services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
You are otherwise permitted by established United States and your own Country's copyright law to copy the work in that manner.
Mauritius.biz Hosting will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Mauritius.biz Hosting network, please send your written notice of copyright infringement to:
Attn: Mr Junaid Rabbani
2B Wakin Residence, 31 Etienne Pellereau Street
Republic of Mauritius
Your notice must include 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;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single 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 Mauritius.biz Hosting to locate the material;
Information reasonably sufficient to permit Mauritius.biz Hosting to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Mauritius.biz Hosting network.
Mauritius.biz Hosting is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Mauritius.biz Hosting network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Mauritius.biz Hosting and its customers) without express authorization of the owner of the system or network;
Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
Any conduct that is likely to result in retaliation against the Mauritius.biz Hosting network.
Use of Mauritius.biz Hosting network in a way that unreasonably interferes with Mauritius.biz Hosting other customers use of the network
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.