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All users of HostNinjah services, and all customers upon signing up for HostNinjah services, agree to comply with HostNinjah Terms of Service. When you agree to the terms, you are also agreeing to our Billing terms.
(Last Revision: 11th August 2020)
This HostNinjah Web Hosting Terms of Service (this “Agreement”) and the HostNinjah Web Hosting Acceptable Use Policy (“AUP“) govern your purchase and use of all HostNinjah Web Hosting services (collectively, the “Services”), as described in the Order Form(s) submitted by you and accepted by HostNinjah Web Hosting (“Service Order”). Acceptance of any terms or conditions different from those contained herein by HostNinjah Web Hosting will not be deemed by provision of service, but only by electronic or written signature of an officer of HostNinjah Web Hosting. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP (acceptable usage policy). HostNinjah Web Hosting may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the HostNinjah Web Hosting web site (the “Site”). Your continued use of the Services following HostNinjah Web Hosting posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify HostNinjah Web Hosting of your termination of this Agreement in the manner described in the section below. All services provided by HostNinjah Web Hosting can be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless HostNinjah Web Hosting from any claims resulting from the use of service which damages the subscriber or any other party.
Term: This Agreement will be for an initial “Term“ of 1 month , 12, 24 or 36 months from the date the Services are first provided by HostNinjah Web Hosting. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for a period of 1 month ,12 months, 24 or 36 months unless you provide HostNinjah Web Hosting with notice of termination at least ten (10) days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination you can refer to the Cancellation section below. If you provide us your credit card information, you authorize HostNinjah Web Hosting to automatically charge your credit or debit card for charges that apply to your account. You are responsible for directly updating, or notifying HostNinjah Web Hosting, of any changes to your credit card (including, but not limited to, card number, expiration date, billing address, or card status). The accounts which are not paid within 15 days after the end of billing cycle, will be suspended with or without advice. You can change your Term cycle at any time; the new Term will take effect at the time of the next “Renewal Term”. You can upgrade or downgrade your account at any time; if you are downgrading there is no refund for unused periods if you have a 12 months, 24 or 26 months renewal term. All prices are in US Dollars. Payments are to be made in US dollars. You authorize HostNinjah Web Hosting to charge your credit or debit card to pay for any charges that may apply to your account.
You will immediately pay, upon receiving an electronic invoice from HostNinjah Web Hosting, all charges for your use of the Services at the then current HostNinjah Web Hosting prices for that category of service or any special offer applicable to your account as determined by HostNinjah Web Hosting. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on HostNinjah Web Hosting net income. If you default on any of your obligations under this Agreement and HostNinjah Web Hosting must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of HostNinjah Web Hosting.
HostNinjah Web Hosting services will automatically renew until a plan is cancelled. In order to cancel service, you must contact our Billing Dept. Monday through Friday. Cancellation requests must be received by HostNinjah Web Hosting Billing Dept. at least ten (10) days before the end of your Billing Cycle. The HostNinjah Billing Dept. will help you with the cancellation process . You will receive a confirmation via email with your Account Cancellation Ticket Number . Your account will be cancelled at the end of your billing cycle. If you do not receive an email confirmation, please contact our Billing Dept. as soon as possible and provide them your cancellation Ticket Number . HostNinjah web hosting does not control and automatically cancel hosting plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to HostNinjah services.
All HostNinjah Web Hosting Hosting plans carries a 30-day money back guarantee. If you are not satisfied with our services within the first 30 days, you will be given a full refund of the fees paid . The following services do not qualify for the 30 Days Money Back Guarantee:
– additional items or services
– domain name registration
Refunds are available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method as the original payment. There are no refunds after 30 days. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred.
HostNinjah Web Hosting may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due.
Customers agree that the HostNinjah Web Hosting may disclose any and all Subscriber information, including assigned IP addresses, account history, account use, etc. to any law enforcement agency who makes a written request without further consent or notification to the Subscriber. In addition HostNinjah Web Hosting shall have the right to terminate all service if requested to do so as a result of any action of any law enforcement or government agency.
HostNinjah Web Hosting may provide you with access to other third party software and/or services (“Third Party Products”) through relationships that HostNinjah Web Hosting has established with certain commercial vendors. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER’S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM HostNinjah Web Hosting OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HostNinjah Web Hosting NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND HostNinjah Web Hosting WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. HostNinjah disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all interruptions to the Services caused by HostNinjah or our employees. You further acknowledge and agree that HostNinjah exercises no control over, and accepts no responsibility for, the content of the information passing through HostNinjah’s host computers, network hubs and points of presence or the Internet.
IN NO EVENT WILL HostNinjah Web Hosting OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER HostNinjah Web Hosting NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO HostNinjah Web Hosting’ OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF HostNinjah Web Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF HostNinjah Web Hosting AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO HostNinjah Web Hosting UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY HostNinjah Web Hosting UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE HostNinjah Web Hosting AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
HostNinjah Web Hosting and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, HostNinjah Web Hosting is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any “act of God” or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).
You agree to indemnify, defend and hold harmless HostNinjah, its affiliates, and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
Your use of the Services is at your own risk. HostNinjah is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all backup of User Content stored on HostNinjah’s servers including without limitation your website files.
You are required to utilize server resources in a responsible manner. Server CPU, Memory and Disk space are resources shared by all HostNinjah customers. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.
HostNinjah reserves the right to suspend or terminate Services on any account that, in its sole discretion, is abusing server resources or is in violation of HostNinjah’s Acceptable Use Policy. Such suspension or termination can occur at any time without prior notice.
Without limitation to the foregoing provisions, each customer’s usage shall not exceed:
100% CPU Usage
3GB Memory Usage
50 Running Processes
15 Minute Max Execution Time
300,000 Total Inodes
100 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
Shared hosting space may only be used for web files, active email and content of User Content (as defined below). Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. HostNinjah expressly reserves the right to review every shared account for excessive usage that may be caused by a violation of this Agreement.