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The terms of use below constitute a legal agreement between
you (The Customer) and HostK-ExtrA.com (the Company). Your agreement to
be bound by these terms is acknowledged by your use of the Company
Services, Support Services and/or any software made available to you by
the Company. |
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Customer's Fees
The Company will charge the customer the appropriate fee,
depending on the Customer's order and should be paid on a per year
basis.Renewal fees are due for each Account at the end of the pre-paid
period for the account, In case of failing to pay for the service in due
time, the site will be suspended. |
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*Domain Name Related Services
The Company provide domain registration, renewal, transfer,
and ID protect on behalf of the Customer with a registrar selected by
the Company. Apart from the specific Company terms below the use of the
domain registration related services is regulated by ICANN, the
registrar and the applicable laws. For more information about the ICANN
terms and the terms of the two Registrars from which the Company
selects, please read:
ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm
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Service Cancellation By the Customer
Any service provided by the Company can be canceled by the Customer
in accordance to the cancellation terms below. The cancellation becomes
effective 5 business days after it has been received by the Company. If
a renewal payment is billed by the Company after a cancellation request
is received but before the cancellation becomes effective it will not be
refunded.
The client is eligible for a refund after canceling an account on the
following terms:
- The cancellation requested by the Customer has become effective in
less than 30 days after the date of the initial payment for this
account. Cancellations that become effective in more than 30 days
after the initial payment are not eligible for refund.
- The Customer will be refunded the money s/he paid for the hosting
account(s) excluding the setup and processing fee of $24.95 per
account. The setup and processing fee is always withheld in case of a
refund, even if this fee was waived at the time of purchase
- If the Customer has registered a domain name during the initial
hosting account order process the applicable domain name registration
fee will be also withheld. The domain registrations fee is always
withheld in case of a refund, even if this fee were waived at the time
of purchase.
- The additional services and products fees are non refundable.
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Service Cancellation by The Company
The Company may cancel any of its services immediately with no prior
notice and with no refund, if the Company determines in good faith that
Customer's use of the service violates the terms of use. The Company
cannot be held liable for loss of data in case of such a cancellation.
The Company may also cancel any of its services, if the
Company determines in good faith that this service has become
impractical or unfeasible for any technical, legal, regulatory or other
reason, by giving Customer as much prior notice as reasonably
practicable.
The Company may also cancel the Hosting service used by the
customer for any or no reason with a 7-day prior notice. After the 7-day
period the Customer Account will be terminated and the Company will
provide access to an archived backup copy of the Customer's account
content as of the termination date. The backup copies will be accessible
for up to 7 calendar days. All backup copies, as well as any other
information or data, associated with the account will be deleted from
the Company's servers after the 7-day period for accessing the archived
back up copy.
In case of Hosting Account Cancellation by the
Company for a reason different from violation by the Customer of the
Terms of Use, the Company will issue a refund for all the months, for
which the account is prepaid and will not be used by the Customer. The
amount of the refund will be calculated by multiplying the number of the
unused months by the pre-paid monthly price applicable for the
Customer's billing cycle. The Company will act in good faith to offer
several options for receiving the refund; however it is the Customer's
sole responsibility to provide the needed information for receiving the
refund |
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Hosting Account Expiration
Each Customer's account might be suspended on the expiration date if
no renewal payment is received by the Company before this date. A copy
of the expired account will be kept by The Company for a maximum of 7
calendar days after the expiration date. Each cancelled account will be
terminated and deleted, and all of its backup copies, as well as any
other information or data, associated with the account will be deleted
from the Company's servers if more than 7 calendar days have passed
after the expiration date and no renewal payment is made by the
Customer. The Company cannot be held liable for loss of data due to
account suspension or termination after the expiration date.
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Payment Processing
The Customer understands and agrees that his payment can be process
either by the Company or by an authorized vendor of the Company. The
Customer agrees to keep the Company and any of its vendors harmless of
any fraud risks, ungrounded chargeback requests and other actions
related to his/her payment that can influence negatively the standing of
the Company or its vendors.
The Company reserves the right to verify each payment and the service
will be provided only if the verification process is successfully
completed. In case of failure of the verification process the service
will not be provided and the payment will be refunded by the Company.
The Customer understands and agrees that during the verification
process the Company or its vendors may contact the Customer and request
additional information and documents from the Customer. It is the
Customer?s sole responsibility to provide all the information required
in order to verify the payment.
The Customer understands and agrees that the services provided by the
Company can be canceled only by contacting the Company and in accordance
with the "Service Cancellation by the Customer" terms. The Customer
understands and agrees that the Company vendors can act only as an
intermediary at the point of payment processing, but cannot be involved
in any communication or be held liable by the customer in relation to a
service provided by the Company.
If a payment is cancelled by the customer directly with a Company
Vendor, the service provided by the company will be immediately
terminated by the Company with no guarantees against data loss.
In case of a chargeback of the Customer's payment directly
through the Credit Card authorities the service provided by the Company
will be immediately terminated by the Company with no guarantees against
data loss. In case the charge back is ungrounded the Customer is obliged
to provide any assistance and documents needed to the Company for
reversal of the chargeback in up to 2 business days. The Customer will
also be liable to pay a $50 chargeback processing and handling fee. In
case of failure by the customer to comply with Payment Chargeback policy
the Company reserves the right to handle the case over to a Collection
Agency for collecting the due payments by the Customer.
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Customer's use of account resources
The Customer should use all recourses provided by The Company in a
manner that does not endanger the quality of the overall server
performance. Such resources include but are not limited to: Server
Memory Usage, CPU usage, MySQL server usage, mail server usage, web
server usage etc. If any part of the Customer's account is found to
violate the Account Resources Use policy below, the Company may take
immediate corrective actions without prior warning. Failure by the
Customer to maintain his/her account in full compliance with the terms
listed below may result in a warning, resource usage limitations,
suspension or immediate account termination with no refund.
Customer's use of traffic (bandwidth)
Customer's account monthly traffic is limited in accordance with the
Customer's hosting plan. If the monthly traffic limit is reached before
the end of the month the Customer's account will be suspended until the
beginning of the next month or after paying for an extra Bandwidth for
the current month. No traffic can be transferred from month to month and
No extra bandwidth will be giving without pre-paying it.
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Customer's use of email service
The Customer should use the email and other related services in full
compliance with the terms below:
- Each Customer's account is allowed to send a maximum of 100 emails
per hour. Any account that exceeds this limitation is endangering the
overall server performance.
- Each email sent by the Customer should have NO more than 10
recipients. Sending a single email to more than 20 recipients
simultaneously is endangering the overall server performance.
- The use of email clients with IMAP protocol is allowed for
mailboxes with a maximum size up to 200MB. Any use of IMAP with a
bigger mailbox is endangering the overall server performance.
- The use of email clients with POP3 protocol is allowed for
mailboxes with a maximum size up to 100MB. Any use of POP3 with a
bigger mailbox is endangering the overall server performance.
- The Company allows up to 100 checks per hour for a POP3 mailbox.
Any use of POP3 service to check a mailbox more often than 100 times
per hour is endangering the overall server performance.
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Customer's use of DataBase Resources
Customer should use the MySQL and Post-Gre database server
resources in a way that does not endanger the quality of the overall
server performance. A database that generates more than 10% of the
database queries longer than 1 second at any given time endangers the
overall server performance. The Customer is responsible to manage
his/her database(s) so that it is in compliance with this policy.
Customer's Use of Shared Server CPU
The Customer account should NOT use more than 10% of the shared
server CPU for a period longer than 5 seconds. Any account that is
using more than 10% of the shared server CPU for more than 5 seconds
is endangering the overall shared server performance.
Customer use of Server Memory
The Customer account should NOT use more than 65MB of the server
memory resources at any given time. Any account that is using more
than 65 MB of the shared server memory is endangering the overall
shared server performance.
Other Customer's account limitations
The limitations listed below apply to each Customer?s account and
failure by the Customer to comply with them will endanger the overall
server performance:
- No more than 20 simultaneous processes will be executed by the
Customer's account at any given time.
- No Cron Jobs with execution period shorter than 30 minutes will
be executed from the Customer's account.
- No more than 10 simultaneous connections from a single IP to the
Customer's account are allowed.
The Customer agrees that the Company has the sole right to decide
what constitutes a violation of the terms for resources use listed above
as well as what is the appropriate severity of any corrective action to
be applied. If no revision of the decision is requested by the Customer
in 7 calendar days, the Company decision became binding and final.
The Customer has the right to request a revision of the Company
decision for any resource abuse case only once. If this request is
received by the Company in 7 calendar days, after the corrective action
has been taken, the Company will revise the case including the
additional information provide by the Customer. The decision of the
Company in such a case is binding and final, and cannot be a subject of
a further change.
The Customer understands and agrees that the Company can terminate
each account that violates the terms of account resource use and cannot
be responsible for data loss in such cases.
The Customer understands and agrees that in case of re-activating of
a Customer's account suspended for violation of terms of account
resource a re-activation fee of $50.00 will be applied.
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Customer's Responsibilities related to his/her
Account Confidentiality and Integrity
The Customer is responsible for maintaining the confidentiality of
all login information related to his/her account, Control Panel, FTP and
other account management tools. The Customer has no right to rent,
lease, lend, distribute, market or otherwise dispose of any portion of
his/her Hosting account space for management and use to third
parties. Failure by the Customer to maintain his/her account in full
compliance with this policy may result in a warning, suspension or
immediate account termination with no refund.
The Customer is responsible for maintaining the security and the
integrity of all the software applications that s/he chooses to be
uploaded and/or used on his/her account. The Company cannot and will not
be liable for any loss or damage arising from security bridged in any
such software and application.
The Customer agrees to immediately notify the Company of any
unauthorized use of his/her password or account or any other breach of
security and to ensure that s/he logouts at the end of each session. The
Company cannot and will not be liable for any loss or damage arising
from your failure to comply with this policy.
The Customer is fully responsible for all activities that are
performed through his/her account. The Company has the right to suspend
or terminate any account, which does not comply with the terms of use,
without prior notice and with no refund. The Company cannot and will not
be liable for any loss or damage arising from account suspension or
termination due to unacceptable use of the account, even if the Customer
is not aware of and/or has not authorized such use.
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Customer's Responsibilities Related to Actions
that Cause Harm to The Company
The Customer is responsible not to engage in or to instigate actions
that cause harm to the Company or other Customers. Such actions include,
but are not limited to, actions resulting in blacklisting any of The
Company IPs by the any online spam database, actions resulting in DOS
attacks for any servers belonging to the Company, etc. Failure to comply
with this policy may result in a penalty fee, warning, suspension or
possible account termination with no refund. The Company has the right
to decide in good faith which actions cause harm as well as the size of
the penalty fee or the severity of any other corrective action to be
applied. The decision of the Company in such case is binding and final,
and cannot be a subject of a further change.
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Acceptable Use Policy
Customer should use all services provided by the Company for lawful
purposes only. Customer agrees to maintain his/her website in full
compliance with the terms listed below. If any part of the Customer's
account is found to violate the Acceptable use policy below, the Company
may take immediate corrective actions including immediate suspension or
deletion, from the Customer's account without prior warning. Abuse of
the acceptable use policy below may result in a warning, suspension or
possible account termination with no refund.
By using any Services, provided by the Company:
- You agree that you will not violate the laws, regulations,
ordinances or other such requirements of any applicable Federal, State
or local government.
- You agree not to transmit any unsolicited commercial or bulk
email. You will not engage in any activity known or considered to be
spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any
Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt or allow any unauthorized access to
the Company website, servers, your own hosting account or the account
of any other customer of the Company.
- You agree not to allow any remote code execution of malicious
software through the hosting account provided by the Company
- You agree not to cause denial of service attacks, port scans or
other endangering and invasive procedures against the Company servers
and facilities or the servers and facilities of other network hosts or
Internet users.
- You agree not to forge the signature or other identifying mark or
code of any other person or engage in any activity (including
"spoofing") to attempt to deceive other persons regarding the true
identity of the User (excluding the use of anonymous remailers or
Internet nicknames)
- You agree that you will not use the account provided by the
Company for storing any data if it is copyrighted and you are not the
owner of the copyright. This includes but is not limited to
copyrighted music files, copyrighted video files, copyrighted
software, etc.
- You agree that you will not use the Company services to host any
website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or
other proprietary rights of any third party information;
- are with adult content, pornographic, obscene, unlawfully
harassing, or connected with sex-related merchandising;
- profess hatred for particular social, ethnical, religious or
other group;
- contain viruses, Trojan horses, worms, time bombs, corrupted
files, or any other similar software or programs that may damage the
operation of a computer or a person's property;
- contain Illegal or Hacking/Phreaking Software (Warez) - Any
software that is copyrighted and not freely available for
distribution without cost. This includes, but is not limited to
ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying
programs.
- Promote Money Making Schemes, Multi-level Marketing or similar
activities.
- Contain Torrent trackers, Torrent Portals or similar software.
The Customer agrees that the Company has the sole right to decide
what constitutes a violation of the acceptable policy use described
above as well as what is the appropriate severity of any corrective
action to be applied. If no revision of the decision is requested by the
Customer in 7 calendar days, the Company decision became binding and
final.
The Customer has the right to request a revision of the Company
decision for any resource abuse case only once. If this request is
received by the Company in 7 calendar days, after the corrective action
has been taken, the Company will revise the case including the
additional information provide by the Customer. The decision of the
Company in such a case is binding and final, and cannot be a subject of
a further change.
The Customer understands and agrees that the Company can terminate
each account that violates the terms of account resource use and cannot
be responsible for data loss in such cases.
The Customer understands and agrees that in case of re-activating of
a Customer's account suspended for violation of acceptable use policy a
re-activation fee of $50.00 will be applied.
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Terms of Use for HostK-ExtrA.com Free Templates
By downloading and using any of the templates designed by
HostK-ExtrA.com the Template User agrees to the terms below:
- The Template User may use any of the HostK-ExtrA.com templates for
as many websites as s/he wishes free of charge. In return the Template
User agrees to keep the links to HostK-ExtrA.com that are part of the
template.
- PSD or any vectorial files are not provided as part of the
templates. However, the Template User is authorized to make any
modifications to HostK-ExtrA.com templates to fit his/her needs better
except for removing the HostK-ExtrA.com copyright mark and the links
to HostK-ExtrA.com.
- The HostK-ExtrA.com is the sole owner of the templates copyright
and the Template User may not claim any intellectual or exclusive
ownership to any of HostK-ExtrA.com templates, no matter if it is
modified by you.
- The Template User may not offer any of the HostK-ExtrA.com
templates, modified or not for redistribution or resale of any kind
without prior written consent by HostK-ExtrA.com.
- HostK-ExtrA.com cannot guarantee that the templates provided will
be compatible with all versions of the software application they are
designed for.
- Templates designed by HostK-ExtrA.com are provided are provided on
an as is, as available basis and are used on the customer's own risk.
No warranties related to HostK-ExtrA.com services are made, including
but not limited to warranties of merchantability or fitness for a
particular purpose. HostK-ExtrA.com makes no warranties that its
services will not be interrupted or will be error free.
HostK-ExtrA.com does not guarantee that any specific results can be
obtained by using its services. No kind of advice or information,
written or oral, given by a HostK-ExtrA.com employee, owner or agent
can be viewed as a warranty of any kind. In no event shall
HostK-ExtrA.com be liable for any damages including, but not limited
to, direct, indirect, special, incidental or consequential damages or
other losses arising out of the use of or inability to use our
templates.
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Templates Customization Services Terms
HostK-ExtrA.com provides customization of HostK-ExtrA.com templates.
The service includes replacing the Company Name, slogan and other
default texts, which are part of the HostK-ExtrA.com template default
design and is provided on the following terms:
- HostK-ExtrA.com customize only template designed by
HostK-ExtrA.com.
- HostK-ExtrA.com customization service includes only change of
text. It does NOT include change of fonts, colors etc.
- HostK-ExtrA.com delivers the customizations services only if the
text provided by the Template user is compatible with the space where
it should be placed. HostK-ExtrA.com may not be responsible if the
Template User fails to comply with this requirement.
- HostK-ExtrA.com customizes any template only after the Template
User has paid the applicable one-time customization fee. The
Customization fee is non-refundable
- HostK-ExtrA.com provides the template User with a download link to
the customized template in maximum 2 business days after the
Customization fee is received by HostK-ExtrA.com. The download link is
sent to the email, filled in during the order process by the Template
User. The template User is solely responsible for providing a working
email addrees, to which s/he has access and HostK-ExtrA.com may not be
responsible if the download link is not received by the Template User
due to failure to comply with this requirement.
- If the template User is a HostK-ExtrA.com shared hosting customer
s/he is entitled to receive a free installation of the customized
template on his/her HostK-ExtrA.com hosting account ONLY in case when
the template chosen by the customer is compatible with the application
version user by the Customer on his account.
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Templates Services Privacy Policy
The registration information of the Template Services user will not
be intentionally disclosed to third parties unless this is required by
law, or we believe in good faith that we are required to do so to
protect the rights and the property of HostK-ExtrA.com. The email
address provided by the temple services user may be used for providing
important information, news or promotions related with the service.
For any issue, not covered in the Free Templates Services Privacy
Policy, the General HostK-ExtrA.com Privacy Policy will apply.
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Terms of Use Change
SiteGround reserves the right to change the above terms of use at any
time. Such changes will become effective and binding after their posting
on SiteGround's website. The template User is responsible to regularly
review SiteGround Templates Terms of Use and be aware of the changes
made. By continuing to use the SiteGround templates after any posted
revision, the Template User agrees to abide by it.
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