This Hostmara.com Terms of Service (the “Agreement”) contains the terms and conditions that govern Your access to and use of the Service Offerings (as defined below) and is an agreement between Hostmara Sdn (“Hostmara”) and You or the entity You represent (“You”).
This agreement takes effect when You click an “I have read and agree to the Terms of Service” button or check box presented with these terms, or when You click an “Order” button, or when You use any of the Services (the “Effective Date”). You represent to us that You are lawfully able to enter into contracts (e.g. You are not a minor). If You are entering into this Agreement for an entity, such as the company You work for, You represent to us that You have legal authority to bind that entity. You acknowledge that You have read the Agreement, and You agree to its terms and conditions and all policies posted on the Hostmara.com Website.
The following agreement is between Hostmara Sdn (“Hostmara”) and You (“client”).
Definitions and Interpretations.
- “Hostmara Website” refers to the Site located at the URL https://hostmara.com, or any other successor sites owned or maintained by Hostmara Sdn.
- WHEREAS, Hostmara is an information provider connected to the Internet.”Hostmara provided” low cost hosting server, domain name (registration, renewal, management, transfer), rent virtual private server, rent dedicated server, server maintenance, web design service, and affiliate partnership.;
- WHEREAS, Client seeks to utilize Hostmara’s server for its own purposes;
- WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Hostmara can make no guarantee that any given reader shall be able to access Hostmara’s server at any given time. Hostmara represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
- Business Hours refers to a period of time commencing from 9.00 a.m. to 21.00 p.m. on any Monday to Friday excluding a Public Holiday based on Malaysia and Indonesia calendar.
Now Therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
A. Financial Arrangements
- Client agrees to a contract according selected order term, beginning upon Hostmara’s receipt of payment for the first of service.
- First payment plus setup charges (if available on the services purchased), if any, shall be due in advance of service. The account cannot be transferred or used by anyone other than the subscriber.
- This agreement will automatically renew for successive contract period unless canceled in writing 15 days prior to the annual renewal date and 8 days prior to monthly renewal date. Fill cancellation request form on HostKey or fax other our contact support. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions.
- Renewal fees for the following term will be automatically charged to the credit card on selected payment method for your account unless other arrangements have been made. Payments may also be made by credit cards, paypal.com, western union, and bank wire transfer.
- Accounts that have unpaid invoices and past the renewal date will be suspended without prior notice until the account is brought current. Hostmara reserves the right to terminate the account and delete the files. Suspension does NOT release client of the responsibility for payment of the account and monies due.
- In any case where Client has exceeded the allocated free quota of hosting space, email space, traffic/data transfer, more electricity consumsion, and bandwidth flood. Hostmara reserve the rights to bill accordance with the standard price list or suspend the account immediately without any prior notice.
- Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
- You will be responsible for the payment of all taxes, duties (including stamp duty), fees and other charges made by any government authority in relation to this Agreement (other than taxes payable on the overall income of Hostmara).
- You agrees to take full responsibility for all taxes, fees, and GST of any nature associated with such products sold.
C. Material and Products
- Hostmara will exercise no control whatsoever over the content of the information passing through the network except for what is noted in Section J of this agreement. Hostmara will not host any material that is, in Hostmara sole discretion, judged as unlawful, threatening, pornographic, political, abusive, libelous, gambling, hacking materials, phreaking materials, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Hostmara makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
- Hostmara also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of You. Use of any information obtained by way of Hostmara is at the Client’s own risk, and Hostmara specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Hostmara expressly limits its damages to You for any non-accessibility time or during the system unavailability. Hostmara specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- Client may not run background processes on Hostmara’s servers. Violations of this policy will result in a user’s background processes being killed, and may result in account suspension.
- Please contact Hostmara if uncertain of the nature of your content.
D. Trademarks & Copyrights
- Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
- You will be deemed to have taken any action that You permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services.
- You are responsible for End Users’ use of Your Content and the Services.
- You will ensure that all End Users comply with Your obligations under this Agreement and that the terms of Your agreement with each End User are consistent with this Agreement.
- If You become aware of any violation of Your obligations under this Agreement by an End User, You will immediately suspend or terminate such End User’s access to Your Content and the Service Offerings.
The Customer certifies that he or she is at least 13 years of age.
F. Internet Etiquette
Electronic forums such as mail distribution lists all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Hostmara may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Hostmara.
All messages transmitted via Hostmara should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
Hostmara does not permit the transmission of unsolicited e-mail. Complaints or allegations regarding the abuse of e-mail will be investigated. If it is found that the client has engaged in the intentional transmission of unsolicited e-mail, a warning to cease and desist will be issued. Subsequent violations will result in suspension and/or termination of the account.
Software items that result in denial of service, any hacking script, huge bandwidth consumsion, are not fit for use. Hostmara reserves the right to delete those files.
You may not use the account as storage facility or as a download site for MP3, softwares, offer free emails, free websites, or any large scale free services.
At any time Hostmara believe that the service is being utilized by client causes any kind of network or server problem or disturbance, Hostmara may immediately terminate service without liability and without refund.
Hostmara may terminate this Agreement immediately based on following service:
- Hosting data will deleted after 30 days expiry.
- Domain will deleted after 30 days expiry.
- VPS will deleted after 2 days expiry.
- edicated server will deleted after 2 days expiry.
I. Limited Liability
Client expressly agrees that use of Hostmara’s Server is at Client’s sole risk. Neither Hostmara, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Hostmara’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Hostmara Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Hostmara, its offices, agents or any one else involved in creating, producing or distributing Hostmara’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Hostmara Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Hostmara’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Hostmara’s Server service.
Notwithstanding the above, Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
J. Lawful Purpose
Client may only use Hostmara’s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted materials, material judged to be obscene, threatening, pornographic, political, abusive, libelous, hacking, phreaking, or encourages conduct that would constitute a criminal offense, give rise to civil liability or material protected by trade secrets.
Client agrees that it shall defend, indemnify, save and hold Hostmara harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Hostmara, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Hostmara against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Hostmara’s Server;
any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Client sold on Hostmara Server.
L. Contact Revisions
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Hostmara services as specified in Section A.
ALL software and files uploaded must follow the standard Internet guidelines for fitness of use. Such software items that result in denial of service or any hacking purpose or high server resource consumsion are not fit for use. Hostmara reserves the right to delete those files or terminated Client account.
M. Value Added Reselling
Clients approved and authorized as Hostmara’s resellers are allowed to resell the storage and transfer services provided by Hostmara as provided for in its standard product offering. Client agrees to handle and is responsible for all third-party client’s content, support, account setup, maintenance and billing. Client agrees to having the necessary additional knowledge and skill level required. Client also agrees that they are responsible for all payments for accounts brought on by Client under the reseller program.
N. Money 100% Back Guarantee
We give limited Money Back Guarantee within 30 days if you do NOT get services as we mentioned on this website, You get the Guarantee only for services below:
- Web Hosting Service.
- cPanel Reseller Hosting Service.
- Website design.
- Refunds CAN NOT be made if the customer violates of Terms of services agreement.
- Refunds will be added as deposite to the customer’s balance only, NOT transferred to the customer bank account or paypal.
- No Refund with any reason for services: Dedicated Server, VPS, Web Design, and Domain Registration.
P. Agreement Understanding
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services.
Q. Changes to the Terms of Service
e-Padi.com reserves the right to revise its policies at any time without notice.