This policy represents the Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Hostinglah customers agree to when they sign-up for any of the web site hosting services. We reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Hostinglah agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service. We retains the sole discretion to make judgment regarding any violation by any our customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customers services without refund and/or, if deemed appropriate, be legally prosecuted.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
However, we offer a 99% uptime guarantee. This is valid for only the Hostinglah servers and our primary co-location internet connection. We shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, We are not responsible for any down time caused by any providers hardware or network malfunction which is outside of our capability to directly correct. Our clients are diverse and their web sites and the function of those web sites are diverse and we cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
We MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither We nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Hostinglah, even if we have been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Hostinglah BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Hostinglah HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Services Provided by Hostinglah
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Hostinglah to suspend or terminate your account. You agree that Hostinglah has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
* Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law)
*User may not use 50% or more of available system resources (CPU or memory) for longer then 30 seconds or more than 2% CPU daily, 3% memory daily.
* Accounts on shared servers may send up to 350 emails per day. If a single cPanel account exceeds this limit the account may be automatically suspended.
* Hosting websites dedicated to pornography. Legal adult content is allowed however it cannot be the main focus of your website.
* Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail/newsletter ("spamming"); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
* Using your hosting as a file or image hosting service.
* Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
* Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempt from this.
* Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender's identity or location. This includes the hosting of Proxy Server applications.
* Uploading, linking to or storing warez, cracks or other pirated software.
* Hosting IRCD, image hosting sites, autosurf, autocomment, autolike, port scanners, banner-ad services, escrow, banking, investment, lottery, gambling and pharmacy sites.
* Assisting in or directly distributing copyrighted material.
* Excessively using the Service in such a way as to limit the bandwidth available to others.
* Providing fake or incomplete contact details, including name, postal address and telephone number.
* Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
* Using the Service for unauthorised relays through any third party systems.
* Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
* Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a $50 fine per chargeback and deny any future business.
* Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
* Using the Service to add or attempt to add addresses to any mailing list (yours or a third party's) without the explicit positive consent of the addressee(s).
* Attempting to cancel, supersede, or otherwise interfere with email other than your own.
* Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
* Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
* Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
* No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Hostinglah may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
* Security - You agree not to access or attempt to access private areas of the Service. You agree to notify Hostinglah as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
* Intellectual Property - Hostinglah does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to email@example.com
* Continuing a specific identification of the allegedly infringing material and the location(s) on Hostinglah's facilities where the materials are to be found. Upon receipt of such written notice, Hostinglah will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Hostinglah receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Hostinglah will send you a copy of that notification. Unless you notify Hostinglah of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.
* Liability - You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Hostinglah, neither Hostinglah nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Hostinglah neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Hostinglah is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Hostinglah equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Hostinglah and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
* You agree that, should you use the Service to send or receive voice communications, Hostinglah is not acting as a telecommunications carrier or telephone company, that there is no representation made by Hostinglah as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Hostinglah has no liability of any sort for the failure or lack of quality of such use of the Service.
* You agree to be liable for any damages or loss of service which results in damages to Hostinglah as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Hostinglah may pursue any such claims against you in Court.
* You agree that in no event will Hostinglah have financial liability to you.
* Warranty - Hostinglah MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Hostinglah ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Hostinglah OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
* THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Hostinglah ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; Hostinglah DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Hostinglah DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
User may not:
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
Run cron entries with intervals of less than 15 minutes
Own more than 50% of a servers total domain names.
You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.
99% Service Level Agreement " SLA"
Hostinglah offers its clients a 99% or more on network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Hostinglah will try to maintain maximum uptime. Hostinglah is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
Hostinglah offers an unconditional 30-day money back guarantee that covers cancellations of a web hosting account made during the first 30 days of service, due to the inability to deliver satisfactory services. 30-Day Money Back Guarantee does not cover VPS Hosting Service. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees or domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations are also non-refundable.Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are SGD $15/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves Hostinglah hosting service within the 30 day money back guarantee. Existing customer who purchase another package is not eligible for 30-Day Money Back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to support@Hostinglah.com
The 30-day money back guarantee will be void should the service be suspended due to abuse.
Refunds are only available for your FIRST service with us.