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Service and Usage Agreement

HomepageService and Usage Agreement

Introduction 

Welcome to our website, Below are the terms of services., “as is,” by HostPakistani.com /.pk. The term ‘HostPakistani’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website. Our provision of this Service is subject to the following terms and conditions and any rules, guidelines, or policies (collectively, “Terms of Service”) that may be published from time to time by HostPakistani. By using the information, services available through this Web site, you are agreeing to the terms and conditions contained herein.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern HostPakistani’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use them the same.
Minors or people below 18-years old are not allowed to use this website.

THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:

By accessing or using the service you agree to be bound by these terms. If you disagree with any part of the terms, then you may not access the service. These terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written here. As said earlier, you must not use this Website if you disagree with any of these Website Standard Terms and conditions. 

  • The content of the pages of this website is for your general information.
  • This website uses cookies to monitor browsing preferences.
  • Neither we nor any third parties provide any warranty or guarantee.
  • You acknowledge that such information and materials.
  • Inaccuracies or errors to the fullest extent permitted by law.
  • Information or materials on this website is entirely at your own risk.
  • It shall be your own responsibility to ensure that any products.
  • From time to time, this website may also include links.
  • These links are provided for your convenience to provide.
  • They do not signify that we endorse the website.
  • We have no responsibility for the content of the linked website.
  • Your use of this website and any dispute arising out.
  • Your use of any information or materials on this website.

LIMITATION OF LIABILITY

In no event shall HostPakistani, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The information and services available to you on this Website may contain errors and are subject to periods of interruption. While HostPakistani does its best to maintain the information and services it offers on the Web site, it cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this Web site.

IN NO EVENT SHALL HOSTPAKISTANI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF HOSTPAKISTANI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE.

As HostPakistani is the whole sole property of its legal owner and the hosting the content on HostPakistani by any company’s party does not mean the ownership in any way. As the HostPakistani will be accessible by the users globally, any problem due to the content on the site related to the institution is the liability of the institution. All information, data, text, photographs, graphics, messages, or other materials (“Content”), posted on HostPakistani are the sole responsibility of the companies from whom such Content originated. Recognizing the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable Content. Reproduction, duplication, copy, sell, resell, or exploit of HostPakistani for any purpose is illegal. HostPakistani shall not be liable to you or any third party for any modification in the matter.
Upon posting any material within the site, you grant HostPakistani, and its successors and assigns, royalty-free, under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to any other group (not your competitors). You also grant HostPakistani.pk, the right to authorize to publish in whole or in part of any material that you have posted to a group on the Service, by members for their use. Correspondence or business dealings with any third parties with reference to this project (HostPakistani). HostPakistani.pk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

SEVERABILITY AND DISCLAIMER

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. HostPakistani its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements. And we may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. 
You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

THE CONTENT OF THE PAGES OF THIS WEBSITE:

Your Content must be your own and must not be invading any third-party’s rights. HostPakistani reserves the right to remove any of Your Content from this Website at any time without notice. Please read our Privacy Policy and Cookie Policy.

INDEMNIFICATION

You hereby indemnify to the fullest extent HostPakistani from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.

NO WARRANTIES

This Website is provided “as is,” with all faults, and Host Pakistani express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Registration

You may use the service without registration, but in order to take advantage of some aspects of the service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such a password.

VARIATION OF TERMS

HostPakistani is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

BUYING

If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, ad your shipping information. You represent and warrant that: You have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to refuse or cancel your order at any time for certain reasons including but to limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

ASSIGNMENT

The HostPakistani allows to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

ACCOUNT

When you create an account with us, you must provide us with information that is accurate, complete, and current always. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Our Service may contain links to third-party websites or services that are not owned or controlled by HostPakistani. HostPakistani has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Host Pakistani shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between HostPakistani and you in relation to your use of this Website and supersede all prior agreements and understandings. The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of HostPakistani and its licensors. The Service is protected by copyright, trademark, and other laws of both Pakistan and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HostPakistani.

GOVERNING LAW & JURISDICTION

These Terms shall be governed and construed in accordance with the laws of Pakistan, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

RESTRICTIONS

You are specifically restricted from all the following:

  • Publishing any Website material in any other media;
  • Selling, sublicensing, and/or otherwise commercializing any Website material;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is or may be damaging to this Website;
  • Using this Website in any way that impacts user access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
  • Using this Website to engage in any advertising or marketing;

Hosting Plans “Limited & Unlimited"
When we say unlimited domains, unlimited disk space, and bandwidth, of course, there are terms & conditions that you must adhere to. This means unlimited webpages, domains,c and web graphics, not downloads or streaming media. Our servers are shared hosting servers and memory and CPU usage is not unlimited. CPU intensive files are not permitted on our servers and accounts may not be used to host a collection of mp3s, audios, videos, anime, .rar files, Warez, gamers sites, shout cast, and similar, or to backup your computer or another source. They may not be used for general storage of any type. They may not be used as download mirrors or download/upload portals All content stored on an unlimited account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or media. They are to be used for standard web practices only. This means that all content stored on an unlimited account must be used for "acceptable"website use. "Unacceptable" usage is anything that a shared server would not be able to provide under standard circumstances and uses a high percentage of CPU or Memory (10%+) usage. Hosting domains that are freely registered, are not permitted with unlimited packages. Sub-domain hosting is only permitted within reason, and your clients are expected to have their own domain.

To summarize, all hosting services are offered using shared servers & therefore any account using excess CPU / RAM will be suspended. No any refund or settlement amount will be provided in such a case. All services provided by HostPakistani may only be used for lawful purposes. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel / Plesk backup of the same account. Please do not take backups of your backups. Our servers are web servers. Web server means file hosting that you can view in a browser eg: PHP, SQL, HTML, .JPG, .GIF, .PNG, .XML mostly .SWF and .PDF are fine. If you can't view it in a browser, or it requires special software to view, it's a download or multi-media file.

Collections of download files are not permitted on shared servers because they slow the server down. A reasonable amount of download files can be permitted if you keep the file size under 2000 kb.

Back-ups and Data Loss
Budget / Unlimited / Reseller Hosting: We don't create/save any backup of budget or reseller hosting. Customers are advised to take regular backups & save them on their local PC to restore in case of any data loss. Since all these services are cheap & budget class, these do not include any data protection or backup service. In case of loss, if we do have backups available for the files that you need to be restored, and if we have the ability and time to restore the file(s), there will be a $15 fee for restoring the files.

Business Hosting: The business hosting disk is Raid 10 protected plus a complete server backup is taken every 48 hours. The latest backup taken is saved for the next 15 days and can be used to restore the complete server in case of any data loss event. Please note these are complete server backups & not of individual accounts, a charge of $15 will be imposed in order to restore an account upon the client's request.

VPS / Dedicated: Please ask our sales team regarding this arrangement at the time of order, different VPS & dedicated plans have different arrangements.

Refund / Money Back Policy
Only first-time accounts are eligible for a refund. Budget, Unlimited, Business & Reseller Hosting accounts are entitled to 30 days unconditional money-back guarantee. The guarantee begins from the day we send out your account details. Cancellation requests can mage by mailing to the sales team. This guarantee is only on the hosting plan and does not include hosting addons, domain names, extra services, or any setup fees. A partial refund is provided against any service, in any case. All other services including domain registration, VPS, dedicated servers, web designing & web development are not backed by this guarantee.

Spamming / Abuse Issues
At EasyHost, abuse complaints received regarding email spam & other issues will be taken seriously. We reserve the right to take preventive actions without any prior notice. The offensive account will be suspended immediately and might be terminated if no satisfactory response is received. In case of a second complaint regarding the same account (same or new issue), services will be suspended permanently. Fines might be imposed on such accounts.

Bulk Emails
The use of our network to send bulk email whether opt-in or otherwise and the use of bulk email to promote a site on our network is strictly forbidden. As a guideline, we consider sending over 200 emails at once as bulk email.

Adult Contents
Adult materials are not permitted on any of our servers.

Password Protected Directories
Using password protected directories to conduct illegal activities is strictly prohibited. Sites that use password protected directories where their use is not clear are subject to suspension while we investigate the legality of the hidden content. If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use.

Misuse Of Resources
Including but not limited to employing applications that consume excessive CPU time, memory, or storage space. Chat/IRC, web proxy, and mailing list scripts are not allowed on our network under any circumstances. Streaming media, audio, video, auto surf sites, auto-refresh sites, top sites script, and shout cast can be a drain on web server resources and as such is not allowed. CGI based message forums that use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP message forum. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden. Shared and reseller hosting customers are not permitted to provide free websites hosting services such as image hosting, file hosting, mp3 hosting, and any similar hosting service. Reseller customers are permitted to provide a charge for service web hosting service but are not permitted to provide any free web hosting service or similar service.

Acceptable Use Policy
The Internet is a piece of powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Our acceptable use policy is actively and strictly enforced. Offending content or users are removed from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Common sense is the best guide as to what is considered acceptable use, however, the following are unacceptable uses.

Customer's Responsibilities

  • Customer is solely responsible for the quality, performance, and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
  • Customers agree not to publish any obscene or pornographic material. Moreover, customers shall not include any discriminatory content based on religion, politics, etc., or link to such websites.
  • Customers agree not to host Music Files, Softwares, Cracks, Hacking Stuff, or any copyrighted material for which they do not have written permission to distribute or link to such websites.
  • Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms, or conditions of use.
  • Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.

Disclaimer
We are not responsible for any claims & damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, the client agrees that the company shall not be liable for any damages, loss, or injury.

Unacceptable Material
Examples of unacceptable material on all Shared and Reseller servers include: Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery/Gambling Sites, MUDs/RPGs/PBBGs, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc. All such contents will be deleted immediately, HostPakistani reserve the right to terminate any account.

HostPakistani reserve the right to change/update the terms without any prior notice. If you have any questions about these Terms, please contact us: contact@Hostpakistani.com.


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