HostMarkaz Terms of Service

Users and customers of Services provided by HostMarkaz must accept the terms and conditions of business set out below.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

Affiliates

Affiliates may not mask, hide or modify the affiliate link. It must be used as displayed in the client area.

You may not spam or advertise in areas or sections of websites that breach the rules of the displaying site. Doing so will result in the link being reported.

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service you are entitled to a refund within 30 days. There are no refunds past the 30 day period.

Refunds are not available for .COM, .NET, .ORG or any other domain names, SSL Certificates, Domain Transfer In fees, Domain Transfer Out fees, or any other products or services provided by HostMarkaz through other companies.

No refunds are provided for VPS or Dedicated servers under any circumstances.

No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.

Credit on your account cannot be refunded and must be used for purchases and renewals.

Dedicated servers are except from the 30 day refund. Refunds will be issued at our discretion. Setup fees are non-refundable.

Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee.

Any funds sent to HostMarkaz which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

SLA Conditions

If your service drops below 99.99% uptime in any given month you will be credited with one free month. This must be claimed within 7 days of our monitoring dropping below this level.

Any planned maintenance work is except from this guarantee and will be ignored. Dedicated servers currently have no SLA.

Uptime level is calculated by our status page and monitors only.

Free Domain Conditions

A free domain name may be registered for you with any hosting package for any period of time.

Only one domain will be registered free of charge per account.

Minimum hosting term of 3 months, after which you will be free to transfer the domain to another host should you wish. The domain also may not be transferred to another client during this time.

If you cancel your hosting before the 3 month paid period HostMarkaz reserve the right to cancel or resell your domain.

The offer applies to .com, .net, .biz, .co.uk, .org.uk and .me.uk domains only.

Delivery of Services

Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.

Your unique customer username will be on this receipt and should be used for an enquires to HostMarkaz.

Please note that we aim to deliver all goods as soon as signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at sales@hostmarkaz.com

Our trading hours are 365 Days a Year, 24/7. Normally we will respond within 1 hours of receiving your enquiry.

The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.

We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method

Web Hosting

These Terms of Service and Acceptable Use Policies ("Terms and Policies") are an essential part of your relationship with HostMarkaz. By using your HostMarkaz account, you agree to all of the Terms and Policies set out in this document.

General Terms and Policies

The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges - HostMarkaz provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term - The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.

Backups - HostMarkaz carry's out 1 backup per day, these backups are strictly for our own use in-case of a server failure. However you can also login to the backup server to restore files. This is not meant as a replacement for keeping your own backups and we are not responsible for loss of data.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for HostMarkaz to suspend or terminate your account. You agree that HostMarkaz has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

Warranty - HostMarkaz MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD HostMarkaz ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY HostMarkaz OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY HostMarkaz ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; HostMarkaz DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. HostMarkaz DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

Resource Usage

User may not:

Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

Run any software that interfaces with an IRC (Internet Relay Chat) network.

Run any bit torrent application, tracker, or client.

Participate in any file-sharing/peer-to-peer activities

Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

Run cron entries with intervals of less than 15 minutes

You may create your own backup of your account from your control panel however these may only be stored for up to 7 days. Please download archives to a local source and remove them from your account.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. HostMarkaz has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Privacy

HostMarkaz will not provide names, addresses, telephone numbers, email addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or as required under an appropriate court or administrative directive, including a facially valid subpoena, or as necessary to render the Service. HostMarkaz may provide aggregate data on Subscribers to third parties in the operation of HostMarkaz business.

Disputes

You agree that any dispute between you and HostMarkaz arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and HostMarkaz will be submitted by the aggrieved party for binding arbitration under the auspices of the English law.

Governing Law

These Terms and Policies are governed in all respects under English laws.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.

It is your responsibility to ensure any paypal subscriptions you have setup are cancelled.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

Resellers

Resellers may use their website for personal use or to sell to their own clients. Resellers cannot host free accounts under any circumstances.

We will transfer up to 30 accounts free of charge. Each account thereafter is charged at $2 each.

Discount Vouchers

Only one voucher can be used per transaction.
If the order value is lower than the value of the voucher, the remaining amount is lost.
Discount vouchers are restricted to one per customer.
Vouchers can be redeemed against the purchase of any Shared, Reseller or Dedicated service.

Amendments

These Terms and Policies may be amended in any respect at any time by HostMarkaz upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to HostMarkaz