UAE hosting terms and conditions

UAESOL TERMS & CONDITIONS

To keep our customers and us, we are making best practices and rules to process things in the most convenient manners. Our terms of services are straight forward and matches with international domain hosting rules and regulations.

Overview

These Terms of Services (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by UAESOL (“UAESOL”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between UAESOL and the person or a legal entity who subscribes to our service (“Customer”, “Member”, ‘Client” or “you”).

Please read this agreement carefully. By submitting an order or by accessing or using the site or services, you agree that you have read, understand, acknowledge and agree to be bound by the terms and conditions set out in this agreement. If you do not agree to this agreement, or do not meet the qualifications included in this agreement, UAESOL is not willing to provide you with access to or use of the site or services and you must not access or use the site or services. If you access or use the site or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement. UAESOL may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that UAESOL believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. All services offered by UAESOL are governed by this General Terms and Conditions along with subsequent Policies and Agreements.(

1. Definitions

Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted

2. Age of Majority

Customer represents and warrants that, if an individual, Customer must be 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Customer represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited from registering or signing up with or otherwise subscribing to or receiving any of the Services from UAESOL. Further, Customer represents and warrants all information provided by Customer to UAESOL has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to UAESOL in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.

3. Maintenance

As part of our continued efforts to enhance customer experience, UAESOL or its sub-contractors or upstream providers need to carry out maintenance on the network, which may involve temporarily inaccessibility to service offered to customers. UAESOL will give as much notice as possible and shall try to keep this scheduled maintenance to the period specified in the notice. UAESOL accepts no liability whatsoever arising from such a suspension of the service. In case of any accidental incidents, UAESOL or its sub-contractors or upstream providers need to carry out emergency maintenance to avoid any problem/disaster. There may not be any advanced notice from UAESOL to customer during emergency maintenance. UAESOL shall not be liable for interruption or services or any special consequential damages which you may suffer because of loss of business, contracts, profits, savings or otherwise due to the maintenance. UAESOL is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UAE or other applicable law.

4. Property Rights

4-1A These Terms do not give Customer any rights in UAESOL intellectual property or technology. UAESOL and related trademarks and logos are the exclusive property of UAESOL. UAESOL and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar UAESOL from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

4-B Customer does not have any rights in intellectual properties of third-party vendors such as Microsoft, AWS, Google, VMware, cPanel, Plesk, Bitdefender, Carbonite, Softaculous, Comodo etc. Customer hereby agree and warrants that he or she will neither will directly or indirectly misuse property of any third-party vendors associated to services provided by UAESOL.

5. Disclaimer of Warranty

You, the customer, acknowledge that the services and the software are provided "as is, as available" without any warranty of any kind. UAESOL hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by UAESOL or UAESOL's representatives including, without limitation, customer support representatives, shall create a warranty. UAESOL disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programs and content. UAESOL does not guarantee that users will be able to use the services at times or locations of their choosing. UAESOL does not warrant that the services are compatible with any third-party service or software, even if such third-party claims, represents or warrants that such service or software is compatible with any service or UAESOL in particular.

6. Force Majeure

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non-performance as soon as possible.

7. Limitation of Liability

UAESOL SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL UAESOL BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT UAESOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. UAESOL SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. UAESOL'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL UAESOL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES

LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT UAESOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL UAESOL’S TOTAL AGGREGATE LIABILITY EXCEED 1,000.00 AE DIRHAMS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Services Terms for Domain Hosting Services

UAESOL provides web hosting to clients worldwide, We are a Pakistan Based company providing services in UAE via data centers of USA, Netherlands and United Arab Emirates and we have a responsibility to protect each client and to provide the best services available. All clients of UAESOL are subject to the following terms of service:

Indemnification Policy

You agree to use all UAESOL services and facilities at your own risk. UAESOL specifically disclaims all warranties of merchant-ability and fitness for a particular purpose. In no event shall UAESOL be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold UAESOL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against UAESOL, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless UAESOL against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with UAESOL's server.

UAESOL reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from UAESOL's server. UAESOL shall be the sole judge of what violates this Policy.

Billing:

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 5 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable, money will not be refunded after purchase of any VPS or Dedicated Servers because we resell these services). We allow extra bandwidth usage with our dedicated servers and VPS up to a specific percentage but then at a specific limit, we may suspend your VPS / Dedicated Server and inform you and notify you via email, you must have to react before suspension of your services and get your plan upgraded to avoid too many charges for extra bandwidth usage, moreover we may charge for extra bandwidth at the end of billing month or at the end of services contract, usually 1st month bandwidth over consumption allowed with a month end calculated over usage bandwidth invoice but in case of non payment, servers will be suspended with a warning to pay prior over usage bandwdth invoice.

We accept paypal and Bank transfer. Clients are encouraged to pay by PayPal as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

If you will pay via Bank Transaction, you must have to send a proof of payment by email at info@uaesol.com. It is necessary because many customers pay about the same amount so it is difficult to understand who sent which amount so notifying us by email canmake us able to verify a payment sent by a particular client with a specific amount. If someone will have failed in notifying and service get terminated, then we will not be responsible for any loss. But after later verification amount can be refunded.

While paying via bank transfer, any kind of interbank transfer fees would be on client's part, we must receive the amount mentioned in invoice so in case of short amount due to any kinds of charges enforced by bank, client must have to pay the remaining.

Any Available Credits in the account can be utilized towards paying renewal invoices only but cannot be refunded unless you cancel all of your services.

Our auto system generates renewal invoices and even send reminders to client on no in time renewal payments so if someone will fail to pay renewal costs for any services they have with us, we may have the right to suspend or terminate those specific services or whole the account of that particular client.

For any service which would have a worth of more than 500 USD, client will pay the equal amount of money as security deposit alongwith the fees for services in advance, client can withdraw that amount at the end of contract of services closure before the last expiry date with a cancellation request or may include that fee as last month/year expiry payment for his/her purchased services.

Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renewal within renewal period, your account will be terminated without any notification and there would no backup provided.

Acceptable Use Policy:

All services provided by UAESOL may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless UAESOL and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all UAESOL servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  1. IRC egg drops
  2. Proxy servers
  3. Mail bombers
  4. Anonymous mailers
  5. IP spoofers
  6. Port scanners
  7. Hivemail
  8. Telnet or SSH Access Scripts
  9. nph-proxy (and other scripts what operates like proxy)
  10. UBB (Ultimate Bulletin Board, all versions)
  11. lstmrge.cgi
  12. phpShell
  13. FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
LIMITATION OF LIABILITY:

UAESOL shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from UAESOL servers going off-line or being unavailable for any reason whatsoever. Furthermore, UAESOL shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of UAESOL servers. All damages shall be limited to the immediate termination of service.

FREE DOMAIN WITH HOSTING:

We offer some tlds like .com .net .org for free with any shared hosting plan which can be added into your basket at the time of order, later there would be no claim for free domain, more over at the time of renewal there is no free domain included with hosting package but one must have to pay its renewal separately. Moreover in case of any refund claim, Price for domain registration would be charged even for first year because once a domain get registered, cannot be deleted.

SAFE YOUR BACKUPS:

We will not be responsible for any backups, it would be totally client's responsibility to keep their backup on their local systems time to time to avoid any inconvenience in case of data loss.

DISCLAIMER:

UAESOL cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by UAESOL are resold. Thus, certain equipment, routing, software, and programming used by UAESOL are not directly owned or written by UAESOL. Moreover, UAESOL holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as UAESOL sees fit. FURTHERMORE, UAESOL retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. There are many data centers involved for backing up with their services and dedicated servers like iweb so all their terms and conditions would be additionally implemented on all services presented by any specific data-center.