Terms Of Service / Acceptable Use Policy
As a client of
aeserver, you agree to be bound to the terms below. Please
read the agreement patiently and carefully.
Agreement Between Hosting In UAE & Customer
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This agreement
represents the complete agreement and understanding
between Hosting In UAE (hereinafter referred to as the
service provider or Hosting In UAE) and the account holder
(hereinafter referred to as the customer/client) and
supersedes any other written or oral agreement. Upon
notice published online via Hosting In UAE' services,
Hosting In UAE may modify these terms and conditions,
amplify them, and/or modify the prices, as well as
discontinue or change services offered without prior
consent of existing or prospective customers.
This agreement consists of 5
sections:
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1. The General section which is
applicable to ALL Hosting In UAE clients.
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2.
The section with the .ae Domain Administration's
Terms and Conditions. This is applicable
only for .ae domain registration clients
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3. A template copy of
The Domain Name License for
all .ae Domains that you will agree to upon
registering your .ae domain.
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4.
Hosting In UAE's Cancellation Policy for Domain
Registration. This is applicable for all Domain
registration clients, not just .ae domains.
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5. A copy of
The Warranty for all .ae Domains
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1. General Terms Of Service
1. Account Setup
We will setup your account after we have received payment and we
and/or our payment partner(s) have screened the order(s) incase of
fraud. It is your responsibility to provide us with an email address
which is not @ the domains you are signing up under. Incase of
payments through Paypal or credit card, your account will be instantly activated.
2. Content
No services provided by Hosting In UAE may be used for unlawful or
unacceptable purposes.
Examples of unacceptable material, include but are not limited to:
IRC Bots
Sites offending the law of United Arab Emirates (directly &
indirectly)
Pirated Software
Hate sites, racism
Hack programs and archives
Any type of pornography
Trade secrets, copyrighted materials
Illegal content, drugs, etc
Please contact us if you are unsure about the content of your site
before signing up.
3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double optin"
will be treated as spam. Any user who sends out spam will have their
account terminated without notice.
We reserve the right to require changes or disable as necessary any
web site, account, database, or other component that does not comply
with this policy, at its sole discretion. We also reserves the right
to make any such modifications in an emergency at our sole
discretion.
3.1 Strict Policy:
We reserve the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee.
If an account has been terminated &
the client has re-signup to our services the account will be
immediately terminated with no fees refunded and/or legal actions
taken.
3.2 Protection: We at Hosting In UAE
are very strict against spam. We will take maximum measures to
ensure no spam & protect our servers to avoid IP Blacklisting.
4. Payment Information
You agree to supply appropriate payment for the services received
from us, in advance of the time period during which such services
are provided. You agree that until and unless you notify Hosting In UAE of
your desire to cancel any or all services received, those services
will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any
other charges at anytime.
4.1 Payment methods: For our
UAE clients we accept secure credit card payments & offline methods.
International clients have a choice of PayPal, secure credit card payments
and wire transfer.
4.2 Renewals & suspensions: You
will receive email reminders before the end of the billing cycle as
a reminder to renew or cancel your services. These reminders will be
sent to you 30, 15, 7 and 1 day prior to payment due date. If a service is unpaid
prior to the expiry date, it will be automatically suspended. In the case of domain names
it will be lost. If the service is still
unpaid for the next 60 days, the account will be deleted & all data
lost. It is your sole responsibility to renew, pay and/or cancel the
services purchased from Hosting In UAE.
5. Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible
for files and data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on our servers.
5.1 Back Up Terms: We perform data backups of ALL
accounts on weekly bases. We are not responsible for damaged
backups, missing files, database & file corruptions during the
backup/restore process.
5.2 Customer's responsibility:
We advise all our customers to keep backups
& copies of their websites. It is the customer's duty to ensure
data backups of their websites.
6. Cancellation and Refunds
We reserve the right to cancel the account at any time if the site
was found to violate any of our terms of service. A client may
cancel his account anytime, but a refund can be only obtained in the
first 30 days of the service subscription. No refund can be obtained
for domain name registrations.
6.1 Paid & pending orders:
Any order that has been paid but for which the necessary
documentation (ex: business license, ID documents. etc.) has not
been provided, will be cancelled within 60 calendar days
after the payment and no refunds will be permitted.
7. Resource Usage [applicable for hosting clients only]
Users may not initiate the following:
a) Use 25% or more of system resources for longer than 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
c) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
Such accounts will be immediately suspended until the customer
removes the offending content.
8. Bandwidth Usage [applicable for hosting clients only]
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the
account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the
next month.
8.1 Unlimited Web Hosting [applicable for hosting
clients only]
As described, we offer
unlimited web space and monthly data transfer for our
business hosting clients. However there is a fair use policy
in effect. This is due to the fact that there are other
clients on the same shared web hosting environment. We
strive to offer equal and highest quality services to all
our clients at Hosting In UAE. Therefore the fair use policy
involves you as a valued client to make sure that you do not
violate the following:
a. Use the service in good faith for hosting of your
personal or small to medium business pages and content.
b. It is strictly prohibited to use our services for
file hosting/storage/sharing services that consume
many resources.
c. Terms # 7 above is applicable
9. 30 Days Money back Guarantee
A full refund can be obtained on the purchase price of the product
or service in question for up to 30 days after the initial purchase.
Once this 30 day period has passed no refunds can be obtained. Also
no refunds can be obtained for domain name reigstrations.
All refunds are given on request, with no questions asked.
Refund can be obtained by
contacting our billing department.
10. Price Change
We reserve the right to change the prices listed on our site.
Additionally we reserve the right to increase or decrease the amount of resources given to plans at
any time. Current clients will not be affected until the next
billing cycle.
11. Communication
As a customer, your email address will be automatically
added to our service mailing list. Only service
announcement, updates information & greetings will be
sent.
Customer may not use our
telephone hotline for technical support, it is strictly
for sales purposes. Customer agrees to obtain technical
support and other issues by using our email support
ticket system.
Customer is responsible to
check the email address account provided during sign up
for our service emails, invoices, suspensions and
renewals. We are not responsible for undelivered emails
or emails trapped in spam boxes.
12. Indemnification
Customer agrees that it shall defend, indemnify, save and hold us
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against us,
its agents, its customers, officers and employees, that may arise or
result from any service provided or performed or agreed to be
performed or any product sold by customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless any
liabilities arising out of; (1) any injury to person or property
caused by any products sold or otherwise distributed in connection
with us; (2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to
customers from Hosting In UAE's solutions & services.
13. Disclaimer
We will not be responsible for any damages your business may suffer.
We make no warranties of any kind, expressed or implied for services
we provide. We disclaim any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from
delays, no deliveries, wrong delivery, and any and all service
interruptions caused by us and our employees.
14. Changes to the Terms of Service
We reserve the right to revise these policies at any time without
notice.
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2. The .ae Domain Administration Terms and
Conditions
1 Registrar’s agency
The Registrar agrees and covenants to act as an
agent for the .aeDA for the sole purpose, but only
to the extent necessary, to enable the .aeDA to
receive the benefit of rights and covenants
conferred to them under this Registrant Agreement.
2. Registration of Domain Names
2.1 A Domain Name Application must be in the form
prescribed under the .aeDA Policies. The Domain Name
must comply with the .aeDA Policies.
2.2 The Registrar and the Registrant do not have any
proprietary right arising from:
2.2.1 the Registered Name; or 2.2.2 the entry of a
Domain Name in the Registry Database.
2.3 All personal information pertaining to the
Registrant is held by the .aeDA for the benefit of
the public of the UAE.
3. Registrant information
The Registrant grants to:
3.1 the .aeDA, the right to publicly disclose to
third parties, all information relating to the
Registered Names in accordance with the .aeDA
Policies which are available on the .aeDA's website;
3.2 the Registrar, the right to disclose to the .aeDA
Registry, all information which is reasonably
required by the .aeDA Registry in order to Register
the Domain Name in the Registry; and
3.3 the .aeDA Registry, the right to publicly
disclose to third parties, all information relating
to the Registered Name to enable the .aeDA Registry
to maintain a public
 WhoIs
service, provided that such disclosure is consistent
with all relevant .aeDA Policies.
4. Change of Registrar
4.1
The
Registrar must ensure that the Registrant can easily
transfer Sponsorship of the Registered Names the
subject of this Agreement to another Registrar in
accordance with the .aeDA Policies. The .aeDA
Policies include, but are not limited to, such
matters as:
4.1.1 the maximum fees chargeable by the Registrar;
4.1.2 when fees are not chargeable by the Registrar;
4.1.3 the circumstances pursuant to which the
Registrar must transfer the
Sponsorship of the Registered Names the subject of
this Agreement; and 4.1.4 the circumstances pursuant
to which the Registrar does not have to
transfer the Sponsorship of the Registered Name the
subject of this Agreement.
4.2 In the event that:
4.2.1 the Registrar is no longer a Registrar; or
4.2.2 the Registrar's Accreditation is suspended or
terminated; or 4.2.3 the Registry-Registrar
Agreement (RRA) is terminated by .aeDA, the
Registrant is responsible for transferring the
Registered Domain Name the subject of this Agreement
to a new Registrar in accordance with the .aeDA.
Policies within 30 Calendar Days of written notice
being provided to the Registrant by the .aeDA.
In the event that the Registrar-Registry Agreement
(RRA) between the .aeDA and the Registrar is
terminated, the Registrar must not charge the
Registrant any fee for the transfer of the
Registered Domain Name the subject of this Agreement
to another Registrar.
5. Registrar’s obligations
5.1 The Registrar must immediately give written
notice to the Registrant if:
5.1.1 the Registrar is no longer a Registrar; or
5.1.2 the Registrar's Accreditation is suspended or
terminated; or 5.1.
the Registry-Registrar Agreement (RRA) is
terminated by the .aeDA.
5.2 The .aeDA may post notice of:
5.2.1 the fact that the Registrar is no longer a
Registrar; 5.2.2 the suspension or termination of a
Registrar's Accreditation; or
5.2.3
the termination of the Registry-Registrar Agreement
(RRA) between the .aeDA and the Registrar
on its web site and may, if it considers
appropriate, give such written notice specifically
to the Registrant.
6. Registrant’s obligations
6.1 Throughout the Term of the Registrant Agreement,
the Registrant must:
6.1.1 comply with the .aeDA Policies; and 6.1.2 give
notice to the .aeDA Registry, through the Registrar,
of any change to
any information in the Registrant Data.
6.2 The Registrant must not, directly or indirectly,
through Registration or use of its Domain Name or
otherwise:
6.2.1 Register a Domain Name for the purpose of
diverting trade from another business or web site;
6.2.2 deliberately Register misspellings of another
entity's company or brand name in order to trade on
the reputation of another entity's goodwill; and
6.2.3 Register a Domain Name and then passively hold
a Domain Name Licence for the purpose of preventing
another Registrant from Registering it.
6.3 The Registrant must not in any way:
6.3.1
transfer or purport to transfer a proprietary right
in any Domain Name Registration;
6.3.2
grant or purport to grant a Registered Domain Name
as security; or 6.3.3
encumber or purport to encumber a Domain Name
Registration.
6.4 The Registrant will, immediately upon being
requested to do so, enter into Domain Name Licence
with the .aeDA.
7. Dispute resolution
7.1. The .aeDA currently has in place a dispute
resolution policy called aeDRP (the .ae Dispute
Resolution Policy) between the Registrant and a
third party, in relation to entitlements to the
Registered Domain Name the subject of this
Agreement. The parties agree that the aeDRP binds
the Registrar and the Registrant as if it were
incorporated in the Registrant Agreement
8. Registrant Warranties
8.1 The Registrant Warrants that it meets, and
continues to meet, the Eligibility criteria
prescribed in the .aeDA Policies relating to the
Registering of a Domain Name. In the event that the
Registrant ceases to meet such Eligibility criteria,
the Domain Name Licence may be terminated by either
the Registrar or the.aeDA.
8.2 The Registrant makes the warranties set out in
Registrant Warranties Policy (and any other Policy
introduced in substitution, replacement or amendment
to that Policy by the Registrar). The warranties
include, without limitation, that all information
supplied to the Registrar for the Registration of
the Domain Name the subject of this Agreement is
true, complete and correct. The Registrant accepts
that the .aeDA or the Registrar shall cancel the
Registration of the Domain Name the subject of this
Rgreement if any of the warranties are not true.
8.3 The Registrant Warrants that it has not
previously submitted a Domain Name which is the same
as the Domain Name the subject of this Agreement for
Registration with another Registrar where:
8.3.1 the Registrant is relying upon the same
Eligibility criteria for both Domain Names; and
8.3.2 the Domain Name has previously been rejected
by the other Registrar.
9. Liability
9.1 The Registrant shall not pursue any claim
against the .aeDA for anything arising out of this
Agreement or related to the Domain name the subject
of this agreement, and the .aeDA is not liable for
any direct, indirect, special, punitive, exemplary
or consequential damages, including but not limited
to damages resulting from loss of use, lost profits,
lost business revenue or third party damages arising
from any breach by the Registrar of its obligations
under the Registrant Agreement or the
Registry-Registrar Agreement (RRA) between the .aeDA
and the Registrar.
9.2 The Registrant acknowledges and agrees that if
the Registrar has any outstanding fees owing to the
.aeDA, entitling the .aeDA to terminate the
Registry-Registrar Agreement (RRA) between the .aeDA
and the Registrar, the .aeDA may in its sole
discretion terminate the Registry-Registrar
Agreement (RRA).
9.3 The Registrant agrees that the .aeDA is not
responsible for the use of any Domain Name in the
Registry database and that the .aeDA is not
responsible in any way for any conflict or dispute
with or any actual or threatened claim against a
Registrar or Registrant, including one relating to a
registered or unregistered trademark, a corporate,
business or other trade name, rights relating to a
name or other identifying indicia or of an
individual or other intellectual property rights of
a third party or relating to the defamation or
unlawful discrimination with respect to any other
person.
9.4 Notwithstanding any other provision of this
Agreement and to the fullest extent permitted by law,
the .aeDA will not be liable to the Registrant for
consequential, indirect or special losses or damages of
any kind (including, without limitation, loss of profit,
loss or corruption of data, business interruption or
indirect costs) suffered by the Registrant as a result
of any act or omission whatsoever of the .aeDA, its
employees, agents or subcontractors.
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3. The Domain Name License for all
.ae Domains
CERTIFICATE OF REGISTRATION AND DOMAIN
NAME LICENCE (the “Agreement”)
This Agreement governs the terms by the TRA (“We”)
grant to <insert
the name of the Registrant>
(“You”)
the exclusive right to use the <insert
the Domain Name(s)>
Domain Name(s) (the
“Domain Name”)
in respect of the Domain Name System for the period
indicated in this Agreement, and once signed or
executed by both of us, or both of us have otherwise
indicated our intention to be bound by it, it will
also serve as the Certificate of Registration in
Your favour of all Domain Names covered by it.
All the terms of the Registrant Agreement, the
Warranties, and all .ae DA Policies are incorporated
into this Agreement by reference.
By Registering this Domain Name You have signified
Your acceptance of this Agreement. You have accepted
this Agreement either for:
a)
Yourself, in which case You will be the Registrant
as that terms is used in all .aeDA Policies, and
hereby agree to be bound by its provisions; or
b)
on behalf of another person or entity such as Your
employer. In this case that other person or entity
will be the Registrant, and agree to be bound by its
provisions.
If You have accepted this Agreement on behalf of
Your employer or another entity that is to be the
Registrant, You hereby represent and warrant that
You have full legal authority to bind such other
person or entity to the terms of this Agreement, and
that You are acting as agent for that other person
or entity for the purpose of entering into this
Agreement on that other person or entities behalf,
and it is within Your express authority as agent to
do. If You do not have such authority or You do not
accept or agree with these terms, do not accept the
Agreement.
1 Definitions and Interpretations
1.1 Subject to Section 1.2, for the purposes of this
Agreement, unless the context otherwise requires or
unless otherwise defined in this Agreement, terms
used in this Agreement shall have the same meaning
as those terms when used in the Registrant
Agreement.
1.2 Notwithstanding Section 1.1, the following terms
shall have the following meanings unless the context
indicates otherwise:
“.aeDA Policies”
means the policies, procedures, guidelines,
directions, notices, regulations, decisions,
directives issued and made publicly available by the
.aeDA from time to time and as may be modified or
amended from time to time and each one is a
“Policy”;
Registry-Registrar
Agreement
the
“Domain Name Licence Period”
means from
<insert the date that the Domain Name is Registered
or Renewed>
to the
<insert the date that the Domain Name Licence
Expires>;
the
“Registrant Agreement”
means the agreement to be entered into between You
and the Registrar with respect to, inter alia the
provision of Registrar Services to You;
the
“Registrar”
means
<insert the name of the Registrar>;
the
“Warranties”
means the .aeDA Policy entitled the
Registrant Warranties
Policy; and
“You”
means both the person who or entity which executes
this Agreement and the Registrant, including where
the person who, or entity which executes this
Agreement, does so as agent for another person or
entity.
1.3 Except where the context otherwise requires, the
following principles will apply in interpreting the
terms of this Agreement:
a)
words importing the masculine, feminine or neuter
gender include any of them, and the singular
includes the plural and vice versa;
b)
clause or section headings are for ease of reference
only and do not affect the meaning of this
Agreement;
c)
references to notice mean notice in writing; d)
the Schedules and any appendices or annexures form
part of this Agreement; e)
a reference to a Party includes its executors,
administrators, successors and
permitted assigns; f)
words and expressions importing natural persons
include partnerships, bodies
corporate, associations, governments, governmental
and local authorities and agencies; and
g)
the defined terms
“We”, “Ours”, “Us”
and
“You”
include all pronouns and adjectives.
2 Agreement Terms
2.1 Subject to Section 2.2 We hereby grant to You a
licence to use the Domain Name as Registered in the
.aeDA Registry Database for the purposes directly
associated with the operation of a website or
associated resources and the Domain Name System, but
the .aeDA does not hereby grant You any other
intellectual property rights in the Domain Name.
2.2 It is condition of this Agreement and the
licence We grant to You under it, that You fully
comply with its terms and those of the Registrant
Agreement, the Warranties, and all applicable .aeDA
Policies.
3 Term of Agreement
3.1 This Agreement is effective until the Domain
Name Licence Period has expired, or it is terminated
by Us in accordance with Section 3.2.
3.2 We may terminate this Agreement and the licence
We grant to You under it without notice or liability
to You in the event that You breach any term of it,
any term of the Registrant Agreement, any Warranty,
or any relevant .aeDA Policy.
4 Exclusion of Liability and indemnity
4.1 We shall not be held liable to You, and You
expressly waive any liability of Us to You whether
arising directly or indirectly in contract, tort, or
on any other basis for any matter arising out of the
Registrant Agreement, the Warranties, any. aeDA
Policies, the actions or omissions of any Registrar,
any Reseller, or any other third party, or Your use
of the Domain Name.
4.2 We make no representations to You regarding the
Domain Name or Your use of it, or the rights of any
third party in it. You expressly waive any liability
of that We may incur arising out of Your use of the
Domain Name.
4.3 You warrant to Us that Your use of the Domain
Name will not in any way infringe the rights of any
third party and You fully indemnify Us for any
liability, loss or damage We suffer as result of
Your use of the Domain Name.
Click to read the official aeDA policy site
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4. Hosting In UAE's Cancellation Policy
for Domain Registration
If a request from a Registrant for Deletion of a Domain
Name is made less
than or equal to three (3) Calendar Days after the
creation of the Domain Name, then the original Grace
Period applies and:
-
the
Domain Name is ‘Cancelled’.
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any Domain Name Server Records for the Domain
Name are removed from the DNS Service; and
- The registrant may request a full
refund, less AED 50 administration fee.
Click to read the official aeDA policy site
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5. The Warranty for all .ae
Domains
By submitting this Application for a Domain Name,
you hereby confirm that you are Eligible to hold the
Domain Name set out in this Application, and that
all information provided in this Application is
true, complete and correct, and is not misleading in
any way. If any of the information is later found
not to be true, or is incomplete, incorrect, or
misleading in any way, or if you have submitted this
Application in bad faith, the Domain Name Licence
shall be Cancelled and you shall permanently lose
the use of the Domain Name.
Click to read the official aeDA policy site
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