Terms of Service
Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
Given that, Samra Host Web Hosting serves as an information provider linked to the Internet, extending storage and transfer services via its Web Server;
Considering that, Customer intends to utilize the server of Samra Host Web Hosting for its specific purposes;
Recognizing that the Internet lacks singular ownership or control, hence, Samra Host Web Hosting cannot assure continuous access to its server for any reader;
Samra Host Web Hosting commits to making diligent efforts to ensure broad server availability with minimal service disruption;
Accordingly, in mutual consideration, the parties hereby agree as follows;
Financial Arrangements
- The Customer commits to a minimum contract term of thirty (30) days upon service initiation. The exact term duration is determined during signup.
- The Customer acknowledges sole responsibility for all charges and fees associated with their account.
- If the customer opts to terminate Samra Host shared Web Hosting services within thirty (30) days of signup, they are entitled to a full refund, except for violations of Terms of Service or Spam Policy.
- Services rendered by third parties and partners of Samra Host are excluded from the 30-day refund policy.
- Upon contract term completion, it will automatically renew for the original duration unless canceled in writing or via the web panel.
- The “30-Day Money-Back Guarantee” applies exclusively to credit card payments for shared web hosting.
- Breaches of Samra Host’s Terms of Service, Acceptable Use Policy, or Spam Policy may result in immediate and permanent account disablement without refund.
- Disputed charges associated with any Samra Host account may lead to immediate and permanent disablement at the discretion of Samra Host.
- Samra Host will endeavor to maintain HostObjects availability at 99.9% during each monthly billing cycle.
Taxes
- Samra Host will not be responsible for any taxes or additional charges related to transactions made by the Customer or for the use of Samra Host’s server. The Customer agrees to assume full responsibility for all taxes and fees associated with their products sold.
Material Products
- The Customer will provide Samra Host with material and data in a state that is “server-ready”, meaning it requires no further processing by Samra Host. Samra Host will not validate this information for content, accuracy, or usability.
- Utilizing Samra Host’s services necessitates a certain level of expertise in Internet languages, protocols, and software. This level of expertise varies based on the intended use and content of the Customer’s Webspace.
- The following examples are provided:
- Web Publishing: requires knowledge of HTML, proper placement and linking of documents, FTPing Webspace content, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires knowledge of the UNIX/LINUX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer confirms that they possess the necessary knowledge to create their Webspace. The Customer agrees that it is not the responsibility of Samra Host to provide this knowledge or Customer Support beyond the scope of Samra Host’s defined services.
- Samra Host will not exercise any control over the content of the information transmitted through the network, provided it complies with all other conditions outlined in our Terms of Service and Acceptable Use Policy.
- Samra Host reserves the right to monitor its network to ensure compliance with all agreed-upon Terms.
- The Customer agrees to cooperate with any reasonable investigations into their compliance with all agreed-upon Terms. Failure to cooperate is grounds for immediate termination of all accounts/service plans.
- Samra Host reserves the right to disconnect any website or server deemed to pose a security risk to Samra Host’s customers, servers, or network.
- Creating multiple accounts or service plans to circumvent any restrictions or overage charges established by Samra Host is grounds for termination of all services.
- Samra Host makes no warranties or representations of any kind, whether express or implied, for the service it is providing. Samra Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including data loss resulting from delays, non-deliveries, or service interruptions for any reason or errors or omissions of the Customer. Use of any information obtained via Samra Host is at the Customer’s own risk, and Samra Host specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Samra Host’s services represents the maximum achievable speed. Samra Host does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including the customer’s own internet connection). Samra Host expressly limits its damages to the Customer for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability.
- Samra Host specifically denies any liability for any damages arising as a result of such unavailability. If the material provided is not “Server-ready”, Samra Host may, at its discretion, reject this material at any time, including after it has been uploaded to Samra Host’s Server. Samra Host agrees to promptly notify the Customer of its refusal of the material and provide the Customer with an opportunity to amend or modify the material to meet the requirements of Samra Host. If the Customer fails to modify the material as directed by Samra Host within a reasonable period, as determined by the parties, the contract will be considered terminated.
- All domain names registered through Samra Host, that are ‘parked’ or otherwise not immediately linked with a Samra Host hosting plan, will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via Samra Host.com. The Coming Soon web page may be modified at any time by Samra Host without prior notice and may include such things as, without limitation, links to additional products and services offered by Samra Host.
SPECIFIC PROVISIONS FOR WEB HOSTING
Storage and Plan Restrictions. All Web Hosting plans, including those with unlimited features, are subject to a cap of 200,000 inodes per account. Additionally, the plans are restricted to a maximum of 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may receive a network violation notice and will be required to reduce the number of inodes, files, and folders, tables or gigabytes (as applicable), or risk temporary or permanent suspension at our sole discretion. All hosting plans are subject to the following constraints: no more than a) 25% of a single CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. Should these limits be exceeded, your site may slow down or not be served until additional resources are acquired. Additional resources may be available for an extra fee.
You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
Website/Server Content Restrictions. Your website may not host any of the following content:
- image hosting scripts that permit anonymous users to upload images for display on other websites (similar to Photobucket or Tinypic);
- banner ad services for display on other websites or devices (commercial banner ad rotation);
- file dump/mirror scripts that allow anonymous users to upload files for others to download (similar to Rapidshare);
- commercial audio streaming (more than one or two streams);
- push-button mail scripts that allow users to specify recipient email addresses;
- anonymous or bulk SMS gateways;
- backups of content from another computer or website;
- Bittorrent trackers; or
- any script that causes a degradation in the performance of our server or network environment.
SPECIFIC PROVISIONS FOR VPS, DEDICATED, MANAGED HOSTING
cPanel. If you add cPanel to your server, you agree to comply with the cPanel EULA, which is hereby incorporated by reference.
MONEY BACK GUARANTEE
Products and Services eligible for refunds are described here (“Refund Policy”).
Trademarks & Copyrights
- Customer warrants that they have the right to use the trademarks and copyrights applicable to all content and/or products made available through the customer’s account.
Hardware, Equipment, & Software
- The customer is responsible for and must provide all telephone, computer, hardware, and software equipment and services necessary to access Samra Host Web Hosting.
- Samra Host Web Hosting makes no representations, warranties, or assurances that the Customer’s equipment will be compatible with the Samra Host Web Hosting service.
Guaranteed Uptime
- Samra Host guarantees 99.99% uptime. A failure to provide 99.99% uptime will result in customer compensation pursuant to guidelines established herein.
- Customer is entitled to compensation if Customer’s website, databases, email, FTP, SSH, or webmail become unusable due to failure(s) in Samra Host systems for reasons other than previously announced scheduled maintenance, coding, or configuration errors on the part of the Customer.
- Customer will receive Samra Host credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of the customer’s next pre-paid hosting renewal fee.
- Samra Host’s assessment of downtime begins when Customer opens a support ticket to report the problem.
Samra Host Dedicated Server
- Bandwidth pricing and measurement frequency is subject to change at Samra Host’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Samra Host Web Hosting.
- Samra Host is under no obligation to compensate Customer for downtime, whether the downtime is caused by Customer, Samra Host Web Hosting, or Samra Host’s upstream providers.
- Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with Samra Host mid-way through the term.
- Hardware upgrades to an existing ‘platform’ (platform defined as a motherboard/chassis combination) will be performed by Samra Host and shall incur an additional one-time labor fee of $50 as well as an increase to Customer’s standard monthly rate.
- Any hands-on labor required by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Samra Host and shall incur an additional one-time labor fee of $50 for each incident.
- Samra Host reserves the right to alter the dedicated server packages advertised on its website at its discretion. Samra Host is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
- For managed servers, Samra Host is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). Samra Host may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well as upgrading the entire operating system).
- For unmanaged servers not using a monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
- the kernel will be patched within 7 days of any announced security hole relating to the kernel;
- any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
- Samra Host is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of the contract without refund. Samra Host reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Samra Host’s network.
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Minimum Age Requirement
- The Customer confirms that they are at least 18 years old, or that their parent or legal guardian will assume the role of “customer” as per this agreement.
Contract Termination
- This agreement can be ended by either party, without any reason, by providing the other party with a written notice of 15 days. Samra Host Web Hosting will accept termination notices via email. Nonetheless, Samra Host Web Hosting may terminate services under this contract at any moment, without penalty, if the Customer breaches the terms of this agreement, including non-payment. Samra Host Web Hosting reserves the right to impose a reinstatement fee.
Limited Responsibility
- The Customer explicitly acknowledges that the use of Samra Host Web Hosting’s Server is at their own risk. Neither Samra Host Web Hosting, its employees, affiliates, agents, third-party information providers, merchants, licensors, nor any other associated entities guarantee that Samra Host Web Hosting’s Server service will be uninterrupted or error-free; nor do they offer any warranty as to the results that may be obtained from using the Server service, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Samra Host Web Hosting Server service, unless expressly stated otherwise in this agreement.
- Under no circumstances, including negligence, shall Samra Host Web Hosting, its officers, agents, or anyone else involved in the creation, production, or distribution of Samra Host Web Hosting’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 Samra Host Web Hosting Server service; or that result from errors, omissions, interruptions, deletions of files, defects, delays in operation or transmission, or any performance failures, whether or not limited to acts of God, communication failures, theft, destruction, or unauthorized access to Samra Host Web Hosting’s records, programs, or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Samra Host Web Hosting’s Server service.
- Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses, and causes of actions, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Customer during the term of this contract and any reasonable legal fees and court costs.
Promo Codes
- By utilizing a promotional (“promo”) code, you forfeit the option to specify who referred you to Samra Host.
- You cannot modify/submit a promo code or referrer after the signup process is complete.
- Promo codes/referrals are only applicable to new customers — if used, you may not host any domain previously hosted with Samra Host on your account.
Hold Harmless
- The Customer agrees to defend, indemnify, and hold Samra Host Web Hosting harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees (“Liabilities”), asserted against Samra Host Web Hosting, its agents, customers, servants, officers, and employees, that may arise or result from any service provided, performed, or agreed to be performed or any product sold by the Customer, its agents, employees, or assigns. The Customer agrees to defend, indemnify, and hold harmless Samra Host Web Hosting against Liabilities arising from:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Samra Host Web Hosting’s Server;
- any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product sold by the Customer on Samra Host Web Hosting Server.
Compliance with Sanctions
The Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the PK. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, the Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Samra Host under this Agreement to any destination, entity, or person prohibited by the laws or regulations of Pakistan, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. The Customer agrees to indemnify, to the fullest extent permitted by law, Samra Host from and against any fines or penalties that may arise as a result of the Customer’s breach of this provision. This export control clause shall survive the termination or cancellation of this Agreement.
Additional Agreements
The Customer agrees to adhere to the terms specified in this document as well as other Samra Host policy documents including, but not limited to:
The Customer also agrees to comply with all applicable terms set forth by all Samra Host partners and subsidiaries.
Modification of Agreement
Changes to this Agreement will be applicable to previous contracts. Revisions will be deemed accepted by the Customer upon renewal of service as specified in the Section – Financial Arrangements.
Assignment
The Customer may not transfer this agreement without the written consent of Samra Host Web Hosting.
Entire Agreement
These Terms and Conditions constitute the entire agreement and understanding of the parties. Any modifications or changes to these Terms and Conditions will be agreed upon by both parties upon renewal of services.