Terms and conditionsThese terms and conditions policy represent the ABC hosting Ltd. terms of service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all ABC hosting Ltd. users agree to when they sign-up for any of the ABC hosting Ltd. website hosting services. ABC hosting Ltd. reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our users.
Users using any services offered by ABC hosting Ltd. agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with ABC hosting Ltd. ABC hosting Ltd. retains the sole discretion to make judgment regarding any violation by any ABC hosting Ltd. user and may take action against any user deemed to be in violation of these terms including the cancellation of user's services and/or, if deemed appropriate, be legally prosecuted.
General provisionsIn consideration for ABC hosting Ltd. maintaining one or more accounts (each "account"), you, as the ABC hosting Ltd. user, agree to the following terms of service.
Definitions"We" - ABC hosting Ltd.
"You" or "user" - each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of warrantyThe internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
ABC hosting Ltd. however, offers a 99.9% uptime guarantee. This is valid for only the ABC hosting Ltd. servers and our primary co-location internet connection. ABC hosting Ltd. shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, ABC hosting Ltd. is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of ABC hosting Ltd. capability to directly correct. ABC hosting Ltd. users are diverse and their websites and the function of those websites are diverse and ABC hosting Ltd. cannot be held responsible for any service interruption due to user's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
ABC hosting Ltd. makes no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with regards to the services it provides. Neither ABC hosting Ltd. nor anyone else involved into the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of ABC hosting Ltd., even if ABC hosting Ltd. has been advised to the possibility of such damages.
Limitation of liabilityIn no event ABC hosting Ltd. be liable for any indirect, incidental, punitive or other consequentual damages (including, without limitation, list profits and damages related to corruption or deletion of website contents, email data, and/or database contents) arising out of or in relation to this agreement or your use or inability to use ABC hosting Ltd. services (including, but not limited to, inoperability of ABC hosting Ltd. servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if ABC hosting Ltd. has been advised of the possibility of such damages. In no event shall ABC hosting Ltd. maximum liability exceed the total amount paid by you to ABC hosting Ltd. for the services during the prior twelve (12) months. To the extent applicable local law does not allow limitation of liability for consequentual or incidental damages, ABC hosting Ltd. liability is limited to the extent permitted by law.
IndemnificationYou agree to indemnify, defend and hold ABC hosting Ltd. and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto ABC hosting Ltd. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (I) infringement or misappropriation of any intellectual property rights; (II) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (III) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to ABC hosting Ltd. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by ABC hosting Ltd. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services provided by ABC hosting Ltd.ABC hosting Ltd. will provide internet server rental ("the service") to its users for the express purpose of allowing users to provide http internet content to the general public. The service allows ABC hosting Ltd. users to maintain internet websites, receive and maintain email accounts, and access web space via FTP to upload files for their websites. ABC hosting Ltd. users will use the provided services in a manner consistent with any and all applicable laws. ABC hosting Ltd. provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. ABC hosting Ltd. reserves the right to refuse service to potential and/or existing users to protect its existing users, including termination of user's account and data without notification.
ABC hosting Ltd. provides timely technical support to our users through forum. By accepting your user contract agreement with ABC hosting Ltd. you agree not to abuse whether verbally or physically or whether in person, via email, forum or otherwise any other user of ABC hosting Ltd., and any employee or contractor of ABC hosting Ltd.