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This Web Hosting Agreement (this “Agreement”) is between Bahariweb.com,(“Bahariweb”) and the person (individual or legal person or legal entity) whose signs Bahariweb’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Bahariweb’s Web Hosting service.

  1. Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Bahariweb’s credit approval requirements, Bahari Technologies agrees to provide the web hosting services described in the Order for the fees stated in the Order.

  1. Term

The initial service term of the Agreement shall begin on the date that Bahari Technologies generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew unless Bahari Technologies or Customer provides the other with written notice of non-renewal through the customer center which is located at http://www.Bahariweb.com/whmcs/. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

  1. Payments

(a) Fees.

Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarter, semi-annually, annually, or bi-annually as indicated on the Order, beginning on the Service Commencement Date. Bahari Technologies may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Bahari Technologies to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Bahari Technologies will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in Great British Pounds. The customer is responsible for providing Bahari Technologies with changes to billing information (such as credit card expiration, change in billing address) at its option, Bahari Technologies may accrue charges to be made to a credit/debit card until such charges exceed £12.00. Bahari Technologies may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Bahari Technologies may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Bahariweb’s reasonable reinstatement fee following a suspension of service for non-payment and to pay Bahariweb’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees, and court costs.

(b) Fee Increases.

Bahari Technologies may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty-five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c) Refunds.

Refunds are only valid on the-the initial term for Shared and Reseller web hosting packages. Refunds are not available on VPS Servers, Dedicated Servers, Cloud Servers, or Domain Registrations, or any other services not listed here. Refunds are not available on account renewals.

(d) Credits.

At times when a Credit is issued to an account for any reason, this credit is non-refundable. Furthermore, any positive credit balance on an account at the time of account termination is immediately forfeited.

(e) Early Termination.

Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Bahari Technologies terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Bahariweb’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

  1. Law/AUP

Customer agrees to use the service in compliance with applicable law and Bahariweb’s Acceptable Use Policy posted at http://www.Bahariweb.com/support/legal-documents/ (“AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Bahari Technologies may, in its reasonable commercial judgement consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Bahariweb’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Bahariweb’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Bahari Technologies and Customer regarding the interpretation of the AUP, Bahariweb’s commercially reasonable interpretation of the AUP shall govern.

  1. Customer Information

Customer represents and warrants to Bahari Technologies that the information he, she or it has provided and will provide to Bahari Technologies for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Bahari Technologies that he or she is at least 18 years of age. Bahari Technologies may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

  1. Indemnification

Customer agrees to indemnify and hold harmless Bahariweb, Bahariweb’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

  1. Disclaimer of Warranties

Bahari Technologies does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Bahari Technologies disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.

  1. Limitation of Damages

Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Bahari Technologies and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

  1. Suspension/Termination

(a) Suspension of Service.

Customer agrees that Bahari Technologies may suspend services to Customer without notice and without liability if: (i) Bahari Technologies reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Bahari Technologies reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Bahariweb’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b) Termination.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Bahari Technologies fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Bahari Technologies prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue for the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from Bahari Technologies describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

  1. Requests for Customer Information

Customer agrees that Bahari Technologies may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Bahari Technologies believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

  1. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Bahari Technologies notwithstanding any agreement by Bahari Technologies to provide backup services.

  1. Changes to Bahariweb’s Network

Upgrades and other changes in Bahariweb’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Bahari Technologies reserves the right to change its network in its commercially reasonable discretion, and Bahari Technologies shall not be liable for any resulting harm to Customer.

  1. Notices

Notices to Bahari Technologies under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

  1. Unavoidable Accident

Bahari Technologies shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Bahariweb’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

  1. Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be an agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Bahari Technologies unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Bahariweb’s prior written consent. Bahariweb’s approval for assignment is contingent on the assignee meeting Bahariweb’s credit approval criteria. Bahari Technologies may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersede and replace any prior understanding or communication, written or oral.

  1. Refuse Service

Bahari Technologies reserves the right to refuse service to any active or inactive customers for any reason it deems necessary.

This Acceptable Use Policy (“AUP”) governs the use of Bahariweb’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Bahariweb regarding the interpretation of this AUP, Bahariweb’s interpretation, in its reasonable commercial judgment, shall govern.

Offensive Content

You may not publish or transmit via Bahariweb’s service any content that Bahariweb reasonably believes:

  • constitutes child pornography;
  • constitutes pornography or adult related material;
  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • improperly exposes trade secrets or other confidential or proprietary information of another person;
  • is intended to assist others in defeating technical copyright protections;
  • clearly infringes on another person’s trade or service mark, patent, or other property right;
  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Bahariweb; or
  • is otherwise malicious, fraudulent, or may result in retaliation against Bahariweb by offended viewers.

Content “published or transmitted” via Bahariweb’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Bahariweb.

 

Security

You must take reasonable security precautions. You may not provide free hosting services to your clients. You must protect the confidentiality of your password, and you should change your password periodically.

 

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Bahariweb customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

 

Abusive Actions

Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

 

Restriction on Storage Space Usage

All accounts are subject to the following restrictions on storage space usage:

  • Accounts must have valid, working websites, and not violate any previously subscribed terms
  • Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion
  • Accounts are not for us of mass distribution of files, such as torrents or mirrors
  • Any account found violating these terms may be suspended or terminated without warning

 

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Bahariweb’s services.

 

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

Bahariweb will terminate the service of repeat copyright infringers.

 

Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Bahariweb network, please send your notice of copyright infringement to [email protected]

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bahariweb to locate the material;
  • Information reasonably sufficient to permit Bahariweb to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Bahariweb network.

 

Disclaimer

Bahariweb is under no duty and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Bahariweb network.

 

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Bahariweb and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the Bahariweb’s network.
  • Use of Bahariweb’s network in a way that unreasonably interferes with Bahariweb’s other customers use of the network

Bahariweb Service Level Agreement (“SLA”)

Shared & Reseller Hosting

Bahariweb guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month.

If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.

VPS, Cloud, & Dedicated Servers

Bahariweb cannot guarantee 99.9% server uptime, but we can guarantee 99.9% network uptime in any given calendar month, for all VPS, Cloud Servers, and Dedicated Servers.

If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.

SLA Terms & Conditions

Credits are available only for future services/invoices and will not be issued as refunds.

All credit requests must be sent no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required timeframe will not be accepted – no exceptions.

The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled Maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.

Bahariweb’s SLA policy does NOT apply to services such as Static IP Addresses, SSL Certificates, Domain Registrations or Domain Transfers.

We reserve the right to deny any credit request for any or no reason.

Our Privacy Policy

This Privacy Policy governs the manner in which Bahariweb collects, uses, maintains and discloses information collected from users (each, a “User”) of the http://www.bahariweb.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Bahariweb.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Sites, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. The user may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Bahariweb may collect and use Users personal information for the following purposes:

  • To improve customer service
    The information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalize user experience
    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site
    We may use feedback you provide to improve our products and services.
  • To process payments
    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  •  To run a promotion, contest, survey or other Site feature
  • To send Users information they agreed to receive about topics we think will be of interest to them.
  •  To send periodic emails
    We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third-party service providers to help us operate our business and the Site or administer activities on our behalfs, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes to this privacy policy

Bahariweb has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at
Bahariweb
http://www.bahariweb.co.tz
[email protected]

This document was last updated on March 08, 2016

© 2016 All right reseved, Bahari Technologies