This Hosting Agreement (this “Agreement”) is entered into by and between Samra Host Private Ltd ("Samra Host") and you, and is effective as of the date of your electronic acceptance. This Agreement outlines the terms and conditions of your use of Samra Host’s Hosting services (the “Services”), and constitutes the entire agreement between you and Samra Host regarding the subject matter herein.

Your electronic acceptance of this Agreement indicates that you have read, understood, acknowledged, and agreed to be bound by this Agreement, as well as our Universal Terms Of Service Agreement, which is incorporated by reference, along with any other agreements or policies expressly included herein.

The terms “we”, “us” or “our” refer to Samra Host. The terms “you”, “your”, “User” or “customer” refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be construed to confer any third-party rights or benefits.

We may, at our sole discretion, change or modify this Agreement, any policies or agreements incorporated herein, and any limits or restrictions on the Services at any time, with such changes or modifications becoming effective immediately upon being posted on this Site. Your continued use of the Services after such changes or modifications indicates your acceptance of this Agreement and any Service limitations as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, you must discontinue use of the Services. Occasionally, we may notify you of changes or modifications to this Agreement by email. Therefore, it is crucial to keep your account information current. We assume no liability for your failure to receive an email notification if such failure results from an inaccurate email address.

We offer various plans for Hosting Services:

Web Hosting. If you purchase Web Hosting, your site is hosted on one or more servers where resources are shared among many customers; however, your site is assigned a unique address (DNS).

Virtual Private Server (“VPS”). If you purchase VPS, you will share a server with other customers but have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

Migration of Servers. You acknowledge and agree that as part of normal business operations, we may need to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not guarantee that you will consistently maintain your assigned IP numbers.

Termination of Services. You acknowledge and agree that upon the expiration or termination of your Services, you must cease using the Services and relinquish use of the IP addresses and server names assigned to you in connection with the Services, including redirecting the domain name system (“DNS”) for your domain name(s) away from our servers. Before terminating the Services, you are responsible for transferring your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, all such content will be deleted, and we will not be able to provide a copy of such content.

Free Product Credits. Upon termination of the Services, all free products provided as part of the Services will be canceled or revoked.

Abusive Activities. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply-to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or perpetration of security breaches is prohibited, and we reserve the right to remove sites containing hacking information or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts that cause our servers to load beyond a reasonable level, as determined by us. We reserve the right to remove your website temporarily or permanently from our servers if you violate this Agreement and/or engage in activities that threaten our network stability. You acknowledge and agree that all websites associated with your hosting account may be removed if one website violates this Agreement. In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, using the Services to: (1) disseminate or transmit material that a reasonable person might find grossly offensive, vulgar, or malicious; (2) attempt to mislead any person regarding the identity, source, or origin of any communication; (3) interfere, disrupt, or attempt to gain unauthorized access to any computer system, server, network, or account for which you do not have authorization or at a level exceeding your authorization; (4) engage in any activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.

We prohibit the operation of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for public DNS services and reserve the right to remove any servers from the network that violate this restriction.

Storage and Security. You are solely responsible for taking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.

Samra Host's backup service runs once a week and overwrites any previous backups. Only two weeks of backups are stored on the remote server. This service is provided as a courtesy to shared and reseller accounts and may be modified at any time at Samra Host's sole discretion. Samra Host is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain appropriate backups of files and data stored on Samra Host's servers. Any shared account using more than 10 gigabytes of disk space will be excluded from our offsite weekly backup. To ensure continuous backup generation, users must ensure their disk space usage does not exceed 10 gigabytes.

Our servers are not an archive, and we shall not be liable for any loss, damage, or destruction of your content. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and should not be used or considered as such. You shall not use Samra Host Services in any manner that impairs the functionality or operation of it or any equipment used to operate it. This includes, but is not limited to, using the Services as: (1) a repository or storage for files; and/or (2) a place to store material that can be downloaded through other websites. If we detect an infringement of these restrictions, you may receive a disk space violation warning at 10GB and will be required to reduce the amount of used gigabytes in your account. We reserve the right to temporarily suspend disk write functionality, at our sole discretion, when account size reaches 10GB. You acknowledge and agree that we have the right to conduct a forensic examination if your server or account is compromised.

Data Protection and Security. You are solely responsible and liable for complying with applicable privacy and personal data protection requirements (including, but not limited to, the General Data Protection Regulation (EU) 2016/679) (GDPR), which may apply to any personal information, data, or content collected, stored, or otherwise processed in relation to Hosting Services on your website or server content.

You shall at all times remain the data controller of any such personal data without any liability whatsoever to Samra Host.

You will not provide us with any personal information regarding your clients, visitors, or end-users. You acknowledge that Samra Host may, in limited cases, have access to information and communications systems for the purposes outlined in this Agreement. However, in such limited cases, Samra Host will not act as a controller, processor, sub-processor, or receiver of any such data.

Without limiting the generality of the foregoing, you are solely responsible for implementing organizational and technical security measures that adequately protect personal data stored or processed on your website or server. Consequently, you are solely responsible for any data breaches, incidents, and similar violations pertaining to such data, unless such a data breach occurs solely due to technical failures, malfunctions, or errors of the servers and resources, which Samra Host has expressly warranted to secure and for which it assumes liability.

In the event that, contrary to our understanding that Samra Host does not act as a processor of any data or information hosted, stored, or housed on the servers, user content, or in relation to Hosting Services, certain limited personal data processing activities are found to be carried out by Samra Host, the following data processing clauses shall apply:

(a) Processing Activities. The nature of the processing, the scope, subject matter, and purpose of the processing, as well as the type of personal data and categories of data subjects, shall be determined by you and communicated to Samra Host in writing prior to Samra Host's involvement. Samra Host shall process such personal data only on your documented instructions, unless required to do so by law.

(b) Subprocessors. Samra Host may engage subprocessors to assist in the delivery of the Services. Samra Host will ensure that any subprocessors adhere to the same data protection obligations imposed on Samra Host as described herein.

(c) Cooperation. Samra Host will assist you, at your cost, with reasonable requests to assist in ensuring compliance with your obligations under applicable data protection laws, including obligations concerning data security, data breach notification, data protection impact assessments, and consultations with supervisory authorities or regulators.

(d) Data Subject Rights. Samra Host will assist you, at your cost, in responding to requests from data subjects, provided that you are unable to respond to such requests independently. Samra Host will promptly notify you if it receives any request from a data subject relating to personal data hosted, stored, or processed in connection with the Services.

(e) Data Transfers. Samra Host may transfer personal data outside the European Economic Area (EEA) in compliance with applicable data protection laws, provided that Samra Host ensures an adequate level of protection for such personal data in accordance with the GDPR and other applicable data protection laws.

(f) Audit Rights. Samra Host shall allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you, at your cost, to ensure compliance with this Agreement and applicable data protection laws. Such audits shall be conducted in a manner that minimizes disruption to Samra Host's business operations and the Services.

(g) Data Deletion and Return. Upon termination or expiration of the Services, Samra Host will, at your choice, delete or return all personal data hosted, stored, or processed in connection with the Services, unless applicable law requires the retention of such personal data.

(h) Liability and Indemnification. Samra Host’s liability arising from or related to the processing of personal data hosted, stored, or processed in connection with the Services shall be limited to the extent permitted by law. You agree to indemnify and hold harmless Samra Host against any and all claims, liabilities, damages, and expenses arising from or related to the processing of personal data, except to the extent such claims, liabilities, damages, or expenses result from Samra Host’s breach of its obligations under this Agreement or applicable data protection laws.

Nothing in this Agreement, including your use of the Services, shall be deemed to confer any third-party rights or benefits. This Agreement is entered into solely between, and may be enforced only by, you and Samra Host. Notwithstanding the foregoing, Samra Host shall have the right to collect any fees due and enforce its rights under this Agreement against any person or entity that uses the Services, whether directly or indirectly, and you agree to pay for all use of the Services, whether such use is by you or another person or entity.

This Agreement and the rights and obligations of the parties under it shall be governed by and construed in accordance with the laws of the jurisdiction where Samra Host is incorporated, without regard to its conflict of law principles.

Should any dispute arise concerning the interpretation or implementation of this Agreement, both parties agree to first attempt to resolve the dispute through mutual consultation and negotiation in good faith. If the dispute is not resolved within 30 days of the commencement of such negotiation, either party may refer the dispute to mediation, to be conducted in accordance with the mediation rules of the jurisdiction where Samra Host is incorporated.

If the dispute is not resolved through mediation within 60 days of the commencement of the mediation process, either party may refer the dispute to arbitration, to be conducted in accordance with the arbitration rules of the jurisdiction where Samra Host is incorporated. The arbitration decision shall be final and binding on both parties, and judgment on the arbitration award may be entered in any court having jurisdiction over the matter.

In the event that any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect.

This Agreement constitutes the entire agreement between you and Samra Host concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

Any amendments or modifications to this Agreement must be in writing and signed by both parties to be effective.