TsyysbaHamza owns, maintains, operates all equipment for services rendered under the following URL’s: https://tayyabahamza.com
When you sign up for our service, we will ask you to provide contact information such as your name, address, telephone numbers, e-mail addresses.
If you contact us for customer support, we may also ask you for information about your operating system, software and other technical matters pertaining to your account.
When you visit our Web site we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. In the event of a security or other incident, we may tie this information to the personally identifiable information we have about you.
We will also place a cookie that will identify you to us as a repeat visitor or a customer when you visit our Web site and particularly our message board forum. See “What is a Cookie” below. We may also tie this cookie to the personally identifiable information we have about you.
Use of Personally Identifiable Information:
We will use your personally identifiable information only as follows:
- For payment purposes and to provide customer support.
- To announce special offers or provide other information from time to time via e-mail. We may also send e-mail announcing special offers by our third parties, but we will not provide the third parties with your e-mail address or other personally identifiable information. If you do not wish to receive these e-mails, you may opt out of future e-mails at any time by following the instructions included in the e-mail.
- To improve our service and notify you of any maintenance, emergency or scheduled, as well as any other important information which you as a client should receive.
We will not provide any personally identifiable information about you to any other person other than:
- A law enforcement or regulatory agency at their request.
- A person or company who acquires our business.
- As otherwise needed to protect or enforce our rights or the rights of others.
We absolutely do not transfer or sell your information for inclusion on third party e-mail or other marketing lists
Use of Non-Personally Identifiable Information:
We may share aggregate statistical data about our customers with third parties, such as advertisers or suppliers. This aggregate statistical data will not identify you personally.
What is a Cookie:
A “cookie” is an alphanumeric identifier that is unique to your browser. The cookie will identify your browser to us when you visit our web site so that we may customize your visit.
Security of Your Information:
We store your personally identifiable information and payment information in a secure environment. In most cases only selected billing or administrative personnel have access to this information.
Our service is not available to children under the age of 13, and we will not intentionally maintain information about anyone under the age of 13.
This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of SaharTech(the “Firm”) governing the use by the customer (“Customer”) of Firm’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Firm’s facilities, network and Customer data contained within. The Firm believes it provides one of the best services in the industry, and provides the following policies in the best interests of the Firm and the Firm’s clients. The Firm retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Firm and published at sahartech.net.pk website. Firm shall be the sole and final arbiter as the interpretation of the following. By utilizing the Firm’s services and products, the Customer agrees to be bound by the terms herein outlined.
Compliance with the Law:
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Firm (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Firm from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
prohibited Uses of Services and Products:
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Firm’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Firm as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1. Services provided by SaharTech are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account.
3.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
3.3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.
3.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert SaharTech in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
3.4. SaharTech considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by the Firm. Examples of unacceptable material include, but are not limited to:
3.4.1. Pornographic or adult material
3.4.2. Fraudulent activities of any kind
3.4.3. IRC and IRC related tools
3.4.4. Copyrighted material without explicit consent to use and/or distribute
3.4.5. Network/computer scanning or attack software
3.4.7. Software licenses, license generation software, software “cracks”
3.4.8. Site mirroring
3.4.9. Upload services of any kind
3.4.10. Spiders of any kind
3.4.11. Computer viruses/malicious software of any kind
3.4.12. Proxy scripts or services
3.4.13. SMS Relay, or SMS notification scripts
3.4.14. Ponzi or pyramid schemes
3.4.15. Pharmacy or pharmacy-like services
3.4.16. Racist, hateful, or harassing content
3.4.17. Hacking related information or services
3.4.18. SPAM of any kind
3.4.19. Requesting a billing charge-back or filling a payment dispute
3.4.20. Harassing, threatening or insulting SaharTech or its staff members
3.5. Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service. Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file. Any backups discovered that are in violation of this section will be removed by the Firm without notice.
3.6. Any unattended process or command is prohibited from being run on the Services at any time. Any process or command that listens on a network port or opens a file socket is prohibited from being run on the Services at any time. Any daemon is prohibited from being run on the Services at any time. Processes or commands found to be violating this section will be terminated immediately without notice. Further action is at the discretion of anFirm.
3.6.1. Scheduled jobs (i.e. “cronjob”, “crontab”) may be run no more frequently than once every 10 minutes. Scheduled jobs may not take longer than five minutes to complete their task. Any scheduled jobs violating this section will be terminated, and disabled.
3.7. No action taken on the Services should result in a connection to a network outside of the Services unless express written consent has been obtained both from Sahartech and the network the Customer wishes to connect to. Accounts in violation of this section may be suspended.
3.8. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.
3.8.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of the Firm.
3.9. Services are not to be used for the sole purpose of load balancing. Services may not be used to provide storage for data that is not used directly on the Site. This includes, but is not limited to, utilizing the Services solely for the purpose of hosting images, videos, music, large downloads, SQL databases, or streams. Any Account violating this section will be suspended and may be terminated at the discretion of the Firm.
3.10. Multimedia steaming is not permitted on the Services without first receiving written consent from the Firm.
3.11. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
3.12. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 3.2 and will result in suspension, and possibly termination, of the Account.
3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
3.1.3. Actions that restrict or inhibit anyone, whether a customer of Firm or otherwise, in its use or enjoyment of any of the Firm’s Services or Products.
System and Network:
3.2.1. Introduction of malicious programs into the Firm’s network or server (e.g., viruses, worms, malicious code).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any other user on Customer’s host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full time ftp connection on a Firm-provided account by using artificial means involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Firm, including but not limited to altering, removing or in any way modifying or tampering with Firm created log files.
3.2.9. Any action which the Firm determines, in its own judgment, will reflect poorly on the Firm or negatively impact its operations.
3.2.10. Any action which the Firm deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Firm.
3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers and Customer contact information.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure web space, time, bandwidth utilization, or other methods to document “use” of the Firm’s Services and Products.
3.3.3 Attempting to create more than 1 trial hosting, “free 5 slot” Teamspeak service will result in all services being terminated and your account closed.
3.3.4 Our Trial services, the “free 5 slot” Teamspeak service is not available to existing customers, or customers who utilize our paid services. Attempting to create a “free” service along side a paid service will result in termination of the “free” service. Trial Web Hosting packages are available for up-to 6 months or 180 days from purchase at which point customer will need to upgrade to a paid package or the customers trial service will be terminated.
3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”). Violation of this or any section of this Agreement will result in immediate account suspension and/or termination, as well as further penalties and refund ineligibility.
3.4.2. Sending UCE referencing an email address for any domain hosted by the Firm;
3.4.3. Sending UCE referencing a domain or web site hosted by the Firm regardless of the source of the email sender (otherwise known as spamvertising a web site);
3.4.4. Sending UCE referencing an IP address hosted by the Firm;
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Firm, a domain hosted by the Firm, an IP address belonging to the Firm.
3.4.6. The Firm will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.11. Use of unsolicited email originating from within the Firm’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Firm, or connected via the Firm’s network.
3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.13. Activities which violate the additional email policies as are posted at Firm web site plan descriptions.
3.5.1. The Firm promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Firm, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
Bandwidth & Utilization:
In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.
4.1 The Firm provides a generous amount of data transfer per account to our Customers so that they may create their Websites and have a significant amount of site visitors without having to worry about additional charges for traffic. While most Customers will not exceed their monthly data transfer limit we recognize that others may occasionally or consistently need more.
4.1.1. The Firm reserves the right to review and limit bandwidth on any hosting account package or domain exceeding usage over and above the specified maximum package limits in accordance with the current price list published on the web site. Customers exceeding their monthly data transfer allotment as monitored by Firm will be given the opportunity to pay for excess usage at a rate specified with hosting package purchased. If Customer does not purchase additional bandwidth resources in order to come into compliance then Firm reserves the right to either throttle the site’s bandwidth usage or suspend the site at its sole discretion.
4.1.2. Customer agrees to purchase additional monthly data transfer when their web site accounts exceed the monthly allotment during any month. A list of available data transfer packages available for purchase is maintained on Firm web site.
4.1.3. Customer may not use Customer’s Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file data transfer such as auction image hosting. Customer may not use Customer’s Website for “Warez group” download transfers. The Firm reserves the right to make this determination, in its sole and absolute discretion.
4.1.4. The storage and distribution of music format files via the Firm network is prohibited if the Customer does not own the full copyright of such files. Distribution of music files even if the Customer has the copyright must be done solely via the Customer’s web site and not through third party external web sites linking direct to the files for download. Customer must prevent the direct linking to such files from external sites through anti-leaching scripts or other means available on the Internet.
4.1.5. Customer is limited to 100 emails per hour per email user, and a total of 300 emails per hour total for a single domain.
4.1.6. The Firm does not permit sites on the shared servers and virtual private servers (VPS) that use more than 10% of system resources, or sites which in the Firm’s view are detrimental to the enjoyment of the Firm services by the Firm’s other clients, or are in the sole and final judgment of the Firm, detrimental to network or business operations. If at any time the Customer’s website generates enough data transfer to affect the performance of the other customer sites on the server, the Firm reserves the full right to offer Customer the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the Customer’s web site.
4.1.7. Customer may not consume more than the allowed resources described above for a period lasting longer than 1 hour (60 minutes).
The Firm may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Firm clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the Firm data transfer traffic plan in any detrimental way will at the discretion of the Firm, have their sites canceled and/or removed from the servers and have service charges assessed.
The Firm will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Websites which the Firm must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources as is posted on Firm web site. Acceptance of these Terms of Services, and/or use of Firm’s services constitute an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.
Account Terms and Termination:
For the purposes of Section 5 of this agreement, the term “Thirty Day Guarantee Period” shall be defined as the period extending from the date a Customer signs up his or her domain hosting account with the Firm through the thirtieth (30) day following the initial signup of the Customer’s account.
5.1. Customer must notify the Firm of a cancellation request a minimum of seven (7) calendar days prior to the billing renewal date. If the Customer notifies the Firm less than seven (7) calendar days before the billing renewal date, a refund will not be issued unless the Customer’s cancellation request is submitted during the Thirty Day Guarantee Period. Cancellation requests must be completed through the Sahartech Billing System by submitting a “Cancellation Request”. Requests received through chat, ticket, email, or telephone and any other means other than by the “Cancellation Request” form will not be honored.
5.1.1. All refunds requested within the initial Thirty Day Guarantee Period shall receive a full refund of only the web hosting fees paid to Firm. Setup fees, domain registration fees and/or any optional add-on-service fees, are always non-refundable.
5.1.2. Refunds if any are due will be issued within 10 business days of receipt of the cancellation request and can only be refunded to the same person who initially made the payment and only via the same means. Firm cannot refund a credit card other than the same credit card that was initially used to make payment.
5.2.3. Pro-rated refunds will not be issued. All sales are final after 30 days from sign up day.
5.2. Customer will not receive a refund for account suspension or termination for violation of policies.
5.3. By submitting a credit card or payment information on the order form, Customer agrees to authorize all one time and recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.
5.4. Customer will not receive a refund for any setup fees, domain registration fees, additional feature or resource fees or any other fees.
5.5. Customer will be charged a 20% late-fee (20% of the total of the past due invoice) if an invoice goes unpaid beyond its marked due date. An additional $25 account reactivation fee may also be charged if an account becomes suspended due to billing-related issues. Accounts are suspended the day after their renewal date if payment is not received by the renewal date. It is the customers’ responsibility to maintain a valid and working email address listed with the Firm billing department at all times while service is being provided. Renewal notices are sent via email to the contact email listed on customers account prior to the renewal date. Failure to receive a renewal notice does not constitute grounds for nonpayment of renewal.
5.5.1 While Customer’s services are suspended, Firm reserves the right to advertise on Customer’s domains.
5.6. Customer shall pay the fees and other charges for Products and Services ordered from Firm as published on this site at the time of order. Firm reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account and immediately for new purchases.
5.6.1. Customer agrees that the Firm reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discounts for future purchases if so made. Customer will not pay more than what is listed on Firm site at the time that customer ordered a specific service for the period of service agreed to.
5.6.2. Customer agrees to pay $125 an hour fee for fixing any failing scripts that are found to be a Customer’s error.
5.7. The Firm reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
5.7.1. Nonpayment of any charges due from Customer.
5.7.2. Breach of any term or condition of this agreement by Customer.
5.7.3. Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Firm as a party or seeks any recovery from the Firm.
5.7.4. Payment for any charges is due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney’s fees and court costs, in event of a default for nonpayment of any amounts due the Firm.
5.8. It is the customer’s responsibility to maintain an active email address and notify Firm of any changes to the account administrative contact. Customers needing to update their information must do so through their online secure account Control Panel. Failure to maintain accurate contact information and a working email address will prevent the Customer from receiving important account notices and information and therefore is a serious matter.
5.9. Domains that do not utilize Sahartech hosting services will be removed from our systems. Customer’s who have domains that utilize 3rd party email services (such as GMail, Hotmail, Postini etc.) are excluded from this.
5.10. Customers who utilize or purchase non business hosting packages (such as Personal or Portal) under a business name, ecommerce website, or with any content pertaining to operating a business will be requested to upgrade to a business package. Customers who do not wish to upgrade or move their business related websites to a business package will be required to remove any domains, websites, content, email accounts etc. that are pertaining to a business.
- Please note that the Firm reserves the right to say what is and is not business oriented content.
5.11. Customer agrees to pay a “violation fine” for each and any infractions, or violations of our Acceptable Use Policy or Terms of Service agreements. Customer agrees to the procedures and rules described below for policy violations.
- 1st Complaint, $50 fine, services suspended until violation fine paid.
- 2nd Complaint, $100 fine, services suspended until violation fine paid.
- 3rd Complaint, Services are immediately terminated, no questions asked.
5.12. A 3% “Online Processing Charge” will be added to the total of all orders. The “Online Processing Charge” is calculated by adding 3% of the sub-total to the total amount due for the current invoice or order.
5.13. TheFirm reserves the right to terminate Customer’s services at anytime.
5.14. In the event when Customer filed a Chargeback Request with bank to get money back and still willing to continue relations with the Firm, there is $75 Chargeback Compensation Fee charged to the Customer’s account.
Indemnification of Provider/Relationship of Parties:
6.1. Customer agrees to indemnify and hold the Firm harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
6.2. Nothing contained herein shall be deemed to create a relationship between the Firm and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Firm has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website on the web server.
7.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password and is responsible for maintaining login security.
7.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Firm.
7.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
7.4. Uploading a virus or worm or any harmful code or program of any kind to a Firm server will result in account termination, service charges and/or prosecution.
7.5. Customer acknowledges that the Firm cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Firm does not supply technical support for third party software, other than initial configuration. The Firm supplies technical support for Web hosting issues only. The Firm shall be the sole arbiter as to what constitutes a “Web host” issue.
Any attempt to undermine or cause harm to the Firm server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Firm reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination there of.
Customer acknowledges that by reason of their relationship, both the Customer and the Firm may have access to certain products, information and materials relating to the other part’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Firm and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be.
The Customer and the Firm further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Firm.
Refusal of Service:
10.1. The Firm reserves the right to refuse service to anyone it so deems as a potential risk of violation of these Terms of Service.
10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation, termination or suspension and the Customer’s web site files and emails permanently deleted from Firm’s servers.
11.1. USE OF THE FIRM’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE FIRM NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE FIRM’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE FIRM’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE FIRM’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE FIRM AND ITS EMPLOYEES OR OTHER CAUSES.
11.2. THE SOLE CUMULATIVE LIABILITY OF THE FIRM FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE FIRM BY THE CUSTOMER.
11.3 We also are concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.
We cannot take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers’ on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.
We are not responsible for loss of customer content due to server or hardware failure. We do backup our systems daily, but cannot guarantee the content is up-to-date or can be recovered in the event of system or hardware failure. It is always the customer’s own responsibility to have a full backup of their site at all times. There are no backups performed on dedicated or virtual systems.
We expect that our customers who provide web hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer’s failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing up for services and therefore agreeing to the Terms of Service, customers indemnify us for any violation of the customer of the Terms of Service, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Terms of Service, the customer will pay any damages awarded against us, plus costs and reasonable attorneys’ fees.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users, including us and our customers, as responsible members of the Internet.
11.4. The Firm reserves the right to revise or change these Terms of Service at any time.
11.5. This Agreement shall be governed in all respects under the laws of the State of Colorado applicable to contracts made, accepted and performed wholly in Colorado, without application to principles of conflict of laws, and the Customer and the Firm agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Colorado.
Domain Registration Agreement:
For domain name registrations obtained by the Customer through the Firm, in addition to this Agreement and notwithstanding any other term of this Agreement, you agree to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy (the “Policy”) which has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), and is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party over the registration and use of an Internet domain name registered by you. You may read the Policy at www.icann.org/udrp/udrp-rules-24oct99.htm.
12.1. Customer acknowledges that all fees billed for domain registration will be billed directly to the Customer’s credit card by Firm and will appear as SaharTtech on credit card statement.
12.2. By registering a domain name through the Firm, the Customer is establishing a relationship with the registrars “OnlineNIC” or “Reseller Club”, separate from the Firm and this Agreement.
12.3. Any domains registered with withSahartech are allowed to be hosted with Sahartech services only. Use of any other 3rd party nameserver or service is prohibited.
12.4. The Firm is in the domain name hosting business. All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the domain hosted to the Firm, i.e., the Firm requires the Customer to update the domain name registration of any domain hosted by the Firm to list the Firm’s domain name servers as the hosting entity. The Firm does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup.