Hosting Service Terms

Last modified: 29 September 2023

Please take the time to read and understand these Hosting Service Terms.

These Hosting Service Terms govern our provision of and your use of the hosting services we make available under various Brands at Site Arrow (“Hosting Service(s)”) including where such Hosting Service(s) form part of a Product packaged with additional Service(s) from us.

By using or purchasing a Product for the use of Hosting Service(s), you are entering into a binding Contract with us for such Hosting Service(s), and acknowledging that you have read, understood, accepted and agreed to be bound by these Hosting Service Terms as well as the following:

a) General Terms
b) Acceptable Use Policy
c) Refund Policy
d) Support Policy
e) Privacy Policy

All of which are incorporated herein by reference into our Contract with you for the Hosting Service(s).

Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the General Terms. In the event of a conflict between these Hosting Service Terms and the General Terms, these Hosting Service Terms shall prevail to the extent that it relates to the Hosting Service(s).

1. DEFINITIONS

1.1 In these Hosting Service Terms, the following terms shall have the following respective meanings (unless the context otherwise requires):

“Hosted Content” means your website or server content on the Server and includes all data, works and materials uploaded to, transmitted by or stored on the Server by you or supplied by you to us for uploading to, transmission by or storage on the Server.
“Hosting Service(s)” shall be as defined above and includes all upgrades, updates and enhancements thereto, and such content, products, services, features, functionalities and API as we may offer in connection therewith from time to time.
“Server” means the computer server equipment on which applications, databases, systems and server software are installed to enable the provision of the Hosting Service(s), whether owned by or operated by us or our Third Party Providers and wherever situated.
“Site” means the area on the Server allocated by us or our Third Party Provider to you for use by you as a site on the Internet.

2. HOSTING SERVICES (GENERAL)

2.1 The types of Hosting Service(s) we offer include the following:

(a) Shared Web Hosting Service:

Under shared web hosting plans, your Site(s) are placed in one or more Server(s) which may be owned and managed either by us or Third Party Providers. Resources are shared between many customers on the same Server(s).

(b) VPS Hosting Service:

Under our VPS hosting plans, your Site(s) will be placed within a Server shared with other customers, but you will have full control over your dedicated private server space and the complete configuration of your virtual instance on the Server. You will have administrator (root) access and a dedicated IP address.

(c) Dedicated Server Hosting Service:

Under our dedicated server hosting plans, an entire server will be reserved for your use and you will not have to share the same with any other customer.

2.2 Access. You acknowledge that you will not have physical access to any of the Servers on which your data is stored. These Servers are often shared with third parties. Use by any third party may affect your use and administration of the Server. You shall not take any actions to limit the use of or alter the Server or Service functionality or the functionality of any related equipment.

2.3 Support. We will use reasonable efforts to provide support for the Hosting Service(s) as set out in our Support Policy, subject to Clause 12 of the General Terms.

2.4 Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s). Additionally, hosting backup plans may have storage limits.

2.5 Bandwidth and Disk Usage. We provide you with bandwidth, disk space, and other resources as defined in the applicable Subscription Plan for the Hosting Service(s). Bandwidth for Hosting Service(s) purchased does not roll over and is not creditable across periods. Hosting Service(s) are intended for reasonable, as determined by us, personal or business use only. Any activity that results in excessive usage inconsistent with reasonable usage patterns is strictly prohibited. You shall not use any bandwidth and/or disk usage for materials other than the Hosted Content. Your bandwidth and disk usage shall not exceed the limits set by us under your Subscription Plan (“Usage Limits”). In the event you require more bandwidth than you have purchased, you may need to purchase additional bandwidth by purchasing the excess in blocks as set forth on our Website(s) or by upgrading your Subscription Plan. If you exceed the Usage Limits, we shall be entitled to take action against you in our sole discretion without notice to you, including suspending or terminating your Subscription and/or Account permanently or until you pay additional fees for the overage, or you upgrade your Subscription Plan. You shall not be entitled to a refund of any Fees paid by you in advance as a result of the exercise of our rights under this Clause. You acknowledge and agree that for VPS Hosting Services and Dedicated Server Hosting Services, any usage excess will be automatically charged to your billing method on a per MB basis or as otherwise stated in your Subscription Plan.

2.6 IP address. We will provide the number of primary IP addresses included in the Subscription Plan you select. You may use the IP addresses provided only in association with the Hosting Service(s) and they may not be transferred.

2.7 CPU Usage. In using our Hosting Service(s), you may not place excessive burdens on our and/or our Third Party Providers’ CPUs, Servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers may nevertheless constitute an excessive consumption of our Server resources. If we determine in our sole discretion that your use of the Hosting Service(s) places an excessive burden on our resources, we may place restrictions on your use of the Hosting Service(s), including suspension or termination of your Subscription and/or Account or a reduction in CPU resources available for your use (also known as CPU throttling), in our sole discretion and without prior notice to you. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

2.8 Changes. IP Address changes or similar changes to our Third Party Provider’s network including changes to software, hardware, staff, service providers and suppliers may affect or interrupt the Hosting Service(s). Our Third Party Providers may make changes to their networks whenever they deem necessary without having to notify the customers who possibly might be affected by the amendment/change, and we shall not be held liable for any damages caused to you resulting from downtime or interruption of service due to such changes.

2.9 Migration of Servers. You acknowledge and agree that as part of the normal course of business, it may be necessary for us and/or our Third Party Providers to migrate the Servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP addresses.

2.10 Termination of Hosting Service(s). You acknowledge and agree that upon expiration or termination of your Hosting Service(s), you must discontinue use of the Hosting Service(s) and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Service(s), including pointing the domain name system (“DNS”) for your domain name(s) away from our Server(s). Prior to termination of the Hosting Service(s), you are responsible for moving your Hosted Content off our servers. We will not transfer your Hosted Content to another provider. If you fail to move your Hosted Content off our Servers prior to cancellation, such Hosted Content may be removed and/or deleted from the Servers and irretrievably lost, and we will not be able to provide you with a copy thereof. Upon termination of the Hosting Service(s), all free products (including Third Party Services) provided as part of the Hosting Service(s) will be cancelled or revoked.

3. HOSTING SERVICES (SPECIFIC)

3.1 Control Panel. Your use of any control panel services may not exceed that of similarly situated customers and you agree that we may place restrictions on your use of such services to the extent that they exceed the use of these resources by similarly situated customers. Restrictions may include a requirement to remove inactive or unused accounts, logins or licenses to moderate your use of control panel services.

3.2 Root Access. If you utilize Hosting Service(s) with root access, you acknowledge that you are solely responsible for any changes you make while using such access and we may not be able to correct any changes, recover data, or reverse any damage you do when using root access capabilities.

3.3 Unmanaged Hosting Service(s). For all ‘Unmanaged’ Hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the Unmanaged Hosting Services.

3.4 WordPress Hosting. ‘WordPress’ Hosting Service(s) may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any user found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended or terminated, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.

4. HOSTING MIGRATIONS

4.1 We may, at your request and in our sole discretion, attempt to assist you to move your web hosting from another service provider (“Hosting Migration”). Hosting Migrations are provided strictly on a goodwill basis as a courtesy service, and are subject to such limits and conditions as we may specify from time to time, including on our Website(s). We make no guarantee regarding the availability of, possibility of, or time required to complete a Hosting Migration. You acknowledge that each hosting company is configured differently, and some hosting platforms may save data in an incompatible or proprietary format, which may result in us being unable to assist you in the transfer of data from a third-party host on commercially reasonable terms.

4.2 You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

4.3 You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration and that our disclaimers and limitations of liability under Clause 12 of the General Terms shall apply with full force and effect to any migration services we perform for you. Hosting Migrations may not be available for websites with over 10GB of disk usage.

5. STORAGE AND BACKUP

5.1 You acknowledge and understand that the purpose of the Hosting Service(s) is solely to host websites. Use of the Hosting Service(s) for online file storage and/or archiving electronic files or with data unrelated to your Site(s) is prohibited. You acknowledge and agree that we and our Third Party Provider(s) have the right to carry out a forensic examination in the event of a compromise to the Server(s).

5.2 You acknowledge that we are not responsible for keeping any backups of your Hosted Content. You shall be solely responsible for undertaking measures to:

(a) prevent any loss or damage to your Hosted Content;

(b) maintain independent and regular archival and backup copies of your Hosted Content outside of the Server(s);

(c) ensure the security, confidentiality and integrity of all your Hosted Content transmitted through or stored on the Server(s); and

(d) effect and maintain adequate insurance coverage in respect of any loss or damage to your Hosted Content.

5.3 We shall have no liability to you or any other person for loss, corruption, damage or destruction of any of your Hosted Content for any reason whatsoever including:

(a) as a result of our acts or omissions or the exercise of our rights under the Terms of Service or otherwise;

(b) as a result of acts or omissions by our Third Party Providers;

(d) as a result of hardware, software or other technology failures;

(e) in the process of the migration of your Hosted Content to different Server(s); and/or

(f) as a result of any upgrade or downgrade of your Subscription for the Hosting Service(s).

5.4 Where we offer you the option to purchase third party backup plans through our Website(s) and Online Reseller(s), the provisions of Clause 6.3 below shall apply. Storage limits may apply based on the backup plan you purchase. Such backup plan will be cancelled if your Subscription terminates.

5.5 For Shared Web Hosting Services, we may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) backups stored locally, (ii) backup temp files, (iii) backup logs, (iv) error logs, and (v) any other large files deemed unnecessary for core website functionality.

6. THIRD PARTY SERVICES

6.1 Where we resell services to you. We act as a reseller hosting provider, and the Hosting Service(s) comprise hosting services, content delivery network services, server resources and other related services from Third Party Providers which we resell to you. You agree that use of Hosting Service(s) will therefore be subject to the terms and conditions imposed by these Third Party Provider(s) on the use of their services and resources, including their terms of service, acceptable use policies, privacy policies and other terms and conditions. You acknowledge and agree that we may at any time in the exercise of our sole discretion modify or revise these Hosting Service Terms (or any part thereof), or require you to comply with our instructions, to ensure our (and your) compliance with Third Party Terms. You acknowledge that any breach by you of the Terms of Service may constitute a breach of Third Party Terms for which we are entitled to a full indemnity from you under the General Terms.

6.2 Where you obtain third party products, software or services through us. As part of the Hosting Service(s), we may offer you the option to use and/or purchase, or you may be allowed to use and/or install, certain Third Party Services developed, owned, licensed and/or made available by a Third Party Provider. You acknowledge and agree that installation of Third Party Services will use some of your available storage, or may require additional provisioning time. When you subscribe for use of any of the Third Party Services below with the Hosting Service(s), or if your web hosting plan comes with access to any of such Third Party Services, your use thereof is subject to the linked Third Party Terms imposed by the applicable Third Party Providers, and you agree to be bound by the same:

(a) JetBackup: End User License Agreement at https://www.jetapps.com/legal/jetbackup-eula/

(b) cPanel: End User License Agreement at https://cpanel.net/legal-store/. Your Subscription Plan will determine which type of cPanel license will be applicable. Each cPanel license type comes with a set number of cPanel accounts that can be created. If you need additional cPanel accounts than what is included with your plan’s default cPanel license, you may be required to either upgrade your plan or purchase additional cPanel accounts.

(d) Softaculous: License Agreement at https://www.softaculous.com/softaculous/legal

(e) WHMCS: License Agreement at https://www.whmcs.com/eula/

6.3 You acknowledge that personal data will be disclosed to, and/or collected, used, disclosed, retained and/or processed by, the above Third Party Providers, and you consent to such disclosure, collection, use, retention and processing in the manner as set out above, in our Privacy Policy and under the respective privacy policies of such Third Party Providers, including the transfer of your data to, and the storage, receipt and processing of such data by third parties in, jurisdictions outside your country of residence.

7. HOSTED CONTENT

7.1 Maintenance. You shall be solely responsible for providing, updating, uploading and maintaining your Hosted Content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your Site including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. We are not responsible for, and do not provide website maintenance services, in respect of your Hosted Content or your Site(s). Notwithstanding the foregoing, you acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the Hosted Content (or part thereof).

7.2 Caching. You expressly grant us and the relevant Third Party Provider a license to cache the entirety of your Hosted Content and you agree that such caching is not an infringement of any of your Hosted Content.

7.3 Rules of Usage. You represent, undertake and warrant to us that you will use the Server(s) and the Site(s) allocated to you only for lawful purposes. You agree to comply with the ‘Rules of Conduct/Usage’ set out in Clause 7 of our General Terms and the Acceptable Use Policy.

7.4 Removal. You shall promptly comply with all requests by us with respect to your Hosted Content including the removal of any content we deem objectionable, inappropriate or impermissible under our Terms of Service, Acceptable Use Policy, and/or applicable Third Party Terms. You agree that we (and relevant Third Party Provider(s)) may remove any material (including your Hosted Content or part thereof) which we deem objectionable, inappropriate or impermissible from your Site without notice to you.

8. SUSPENSION AND TERMINATION

8.1 You acknowledge and agree that in the event of any breach of these Hosting Service Terms by you, we shall be entitled to take such action as we may deem appropriate against you, including the suspension and/or termination of your Subscription, Account and/or the provision of any Hosting Service(s) to you, pursuant to the General Terms.

8.2 Without prejudice to the generality of the foregoing and any other rights and remedies which we may have at law or under the Terms of Service, we may terminate or suspend the Hosting Services forthwith at any time for any cause in respect of which the Third Party Provider of services comprised in the Hosting Services may terminate or suspend such services under the applicable Third Party Terms.

Hosting Service Terms

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