ITAPHOST, its affiliates and their successors and assigns (collectively referred to as “ITAPHOST”) makes available the web hosting and related services described inITAPHOST’s published service descriptions subject to these Terms of Service (the “TOS”).
ACCEPTANCE OF TERMS
- You represent and warrant to ITAPHOST that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from ITAPHOST unless your parent or guardian enters into the TOS on your behalf.
- PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY Itaphost, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.
- You represent and warrant to Itahost that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from Itahost.
- The services that you request from Itaphost by means of the online order form on the Site or otherwise in writing and which Itaphost agrees to provide subject to these TOS are the “Services”.
- Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
- Itaphost reserves the right to communicate with you regarding the Services and your use of the Site. You consent to Itaphost’s use of any contact information that you provide to Itaphost in doing so.
- If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform Itaphost immediately.
- Changing Passwords. Itaphost may, at any time, change any username or password assigned by Itaphost to you, and Itaphost will notify you when it does so.
- You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.
DESCRIPTION OF SERVICES
- DESCRIPTION OF SERVICES
- For each package of web hosting and related services that Itaphost makes available to its customers, Itaphost has prepared and published a specification (each a “Service Description”). The Service Descriptions are available on https://itaphost.com(the “Site”).
- Changes to Services. Itaphost may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. Itaphost may also send an email notice of the change to its affected customers.
- Hosting Services.
- Any Service identified as a “Itaphost Services” in its Service Description is a Hosting Service.
- Hosting Environment. ItapHost shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of ItapHost’s hosting hardware.
- SSD storage. ItapHost shall provide SSD storage for your website(s).
- ItapHost shall provide an Internet connection linking your hosted website(s) to the Internet.
- Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS.
- When ItapHost hosts a website on your behalf, ItapHost will route one or more domain names to that website. The exact number of domain names that ItapHost will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.
- You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, ItapHost’s backup activities are primarily for ItapHost’s own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup Your Content frequently. ItapHost Automated Website Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.
- Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following “Maintenance Windows”: (i) between 12:00 a.m. and 3:00 a.m. (local time in delhi, INDIA);. When choosing a Maintenance Window to use, ItapHost takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to ItapHost by the customers) and what would be the early hours of the morning for most of them.
- A Hosting Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.
- Domain Names Registration Services.
- Assistance with Registering Only. ItapHost may assist you to register one or more top-level or second-level domain names (the “Domain Name Registration Service”). For each such domain name registered ItapHost’s involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar.
- Maintenance of Domain Names.You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. ITAPHOST IS NOT RESPONSIBLE FOR DOING SO.
- Please note that: (i) ItapHost is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) ItapHost will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and (iii) ItapHost may but is not obligated to inform you of any proposed or new top-level or second-level domains.
- Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant’s name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing ItapHost in writing prior to the registration of the domain name that you wish to take advantage of the registrar’s privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not ItapHost.
- Intellectual Property. No intellectual property rights are transferred by ItapHost to you by these TOS.
- Your Content. “Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to ItapHost and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable Itaphost to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
- Monitoring Your Content. Although Itaphost is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, Itaphost reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.
- Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or Itaphost’s technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize Itaphost’s products, services, technology infrastructure or ability to operate; or (ii) expose Itaphost to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
- possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
- include child pornography;
- promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges;
- infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
- wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
- promote or advocate human trafficking in any way as determined at our sole discretion;
- promote prostitution or escort services;
- promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;
- promote or sell illegal drugs or drug paraphernalia;
- advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs or related sites;
- can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
- include any form of malware;
- make threats to a person’s safety or property;
- defame other persons;
- interfere with the services that ItapHost provides to its other customers;
- interfere with, disrupt or damage the servers used by ItapHost to provide such services, those of ItapHost’s suppliers or those of ItapHost’s other customers;
- impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
- wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
- operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;
- broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
- operate cryptocurrency / bitcoin miners;
- undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
- the export of data or software;
- the protection of human rights;
- the promotion of hatred;
- criminal offences;
- the protection of intellectual property; or
- including the sending of commercial electronic messages without consent from the recipients.
- Unacceptable uses of the Services or ItapHost’s technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of ItapHost’s technology infrastructure. ItapHost will be the sole and final arbiter as to what constitutes a violation of this policy.
- Disruptive Uses. You may not use the Services or ItapHost’s technology infrastructure in any manner that interferes with or disrupts ItapHost’s other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and ItapHost may exercise its rights under section 6.6 including to suspending Services:
- generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by ItapHost’s other clients who have purchased similar hosting services;
- generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by ItapHost’s other clients who have purchased similar hosting services;
- on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by ItapHost’s other clients who have purchased similar hosting services;
- even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
- using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using SSD storage for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
- the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
- No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a ItapHost server is not tolerated. This includes any email that promotes websites hosted on a server located on the ItapHost network, but which is sent from an email address not associated with a ItapHost account.
- Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, ItapHost scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, ItapHost may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from ItapHost’s servers, it is a breach of this section 6.3 and ItapHost may exercise its rights under these TOS including section 6.6 and section 5.3
- If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.
- ItapHost reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with ItapHost when asked to assist in any such investigation.
- If you breach this section 6, it is probable (in ItapHost’s sole discretion) that you have breached or it is likely that you will breach this section 6 (also in ItapHost’s sole discretion), ItapHost in its sole discretion may suspend or revoke your access to the Services or ItapHost’s technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.
- Others Breaches. ItapHost assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
- ItapHost may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by ItapHost or its representatives in connection any Services. ItapHost or its suppliers may change any such address at any time, but ItapHost will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
- The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, ItapHost will give you at least 30 days prior written notice of any increase to the Fees.
- From time to time, ItapHost may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
- Unless expressly set out otherwise in an applicable Service Description, you will reimburse ItapHost for all registrar’s fees or other related expenses incurred by ItapHost in relation to any third-party service described in section 4.3.
- You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on ItapHost’s net income.
- Payment of Fees. ItapHost accepts payment by credit card (Visa, MasterCard or American Express), Alipay, and PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.
- In Advance. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
- Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
- Automatic Charging. When ItapHost is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card, Alipay, or PayPal account that ItapHost has on file for you and you authorize ItapHost to do this. ItapHost will send an invoice for these amounts to the email address that it has on file for you before doing so.
- Please note that should any amount that you pay by credit card, Alipay, or PayPal be charged back to ItapHost, you will incur an additional Fee of $25.00. The payment will not have been received by the due date, and:
- ItapHost may restrict, suspend or terminate the affected Services; and
- the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, ItapHost shall be entitled to recover its collection costs, including legal fees and expenses.
- 30 Day Guarantee of Hosting Services.
- If at any time during the 30 day period beginning on the date that you purchase Hosting Services for the first of your websites to be hosted by ItapHost you are not satisfied with the Hosting Services that you are receiving, you may terminate this Agreement by using the web-based tool that ItapHost provides to you to manage your account to terminate the Hosting Service. If you do so, you will receive a refund.
- This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this Agreement (the “Term”).
SUSPENSION AND TERMINATION
- If you breach of these TOS, ItapHost may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to ItapHost satisfaction that you have taken steps to prevent future breaches of the TOS, ItapHost will lift the restriction or suspension. ItapHost will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in ItapHost’s sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
- By You. You may terminate any Service at any time by using the web-based tool that ItapHost provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.
- By ItapHost. ItapHost may terminate any Service by giving you at least 30 days written notice of the termination date. ItapHost may terminate this Agreement immediately and without prior notice to you:
- if you breach section 6 (Acceptable Use);
- if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or
- if you breach any other section of these TOS and do not cure that breach within 15 days.
- Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.
- Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give ItapHost written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at ItapHost’s then current rates for such Services.
LIMITATIONS OF LIABILITY
- IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF ITAPHOST (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU, THE CLIENT, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY YOU, THE CLIENT, DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH YOU, THE CLIENT, MAKE YOUR FIRST CLAIM FOR DAMAGES.
- Indirect Damages. ItapHost (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR WHETHER ITAPHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, ItapHost’s total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.1.
- Allocation of Risk. You (the Client) and ItapHost understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to ItapHost reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
- You agree to indemnify and hold ItapHost and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.
- Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
- Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
- No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
- The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
- You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of ItapHost. Any other attempted transfer or assignment of rights hereunder shall be null and void.
- Domain Names. These TOS do not restrict your ability to transfer any domain for which you are the registrant. If ItapHost is the registrar for the domain name, please request our “domain name transfer instructions” by sending an email to Itaphost@ItapHost.com. We will send you the specific details and information about transfer of ownership.
- ItapHost may assign its rights and obligations hereunder without your prior consent.
- Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to ItapHost when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to ItapHost pursuant to the TOS will be in writing and sent to ItapHost at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by ItapHost to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.