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Terms of Service and Acceptable Usage Policy

1 a) Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

1 b) Transfers

Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2 a) Content and Account Security

Content

All services provided by Sasahost may only be used for lawful purposes. The laws of the Republic of Kenya apply. The customer agrees to indemnify and hold harmless Sasahost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse[a]Sasahost.com with the information required. Using a shared account as a backup/storage device is not allowed, with the exception of one cPanel backup of the same account.

Account Security

The security of your cPanel, WHM, FTP, email accounts and billing systems are your responsibility. Ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. We recommend your password to be at least 8 characters and contain a combination of at least an upper-case alphabet, a lower-case alphabet, a number and a symbol.

All scripts must be kept up to date (this includes extensions, plugins and themes) or otherwise be secured against unauthorized intrusion or hacking. In the event we are made aware of an account that has been compromised or hacked, we may immediately suspend the cPanel account pending a full investigation. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Sasahost of an issue, we reserve the right to leave access to services disabled.

Sasahost reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

2 b) Unacceptable Material on all Shared and Reseller Servers

Examples of unacceptable material on all Shared and Reseller servers include:
Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery/Gambling Sites, MUDs/RPGs/PBBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).

2 c) Unacceptable Material on all Dedicated Servers

Examples of unacceptable material on all Dedicated servers include:
IRCD (irc servers), IRC Scripts/Bots, Pirated Software/Warez, IP Scanners, Bruteforce Programs/Scripts/Applications,Mail Bombers/spam Scripts, Escrow, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery/Gambling Sites, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro, Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).

2 d) Use of Our Services

Sasahost services, including all related equipment, networks and network devices are provided only for authorized customer use. Sasahost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Sasahost system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse[a]Sasahost.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita). Any site found to host pornography or linking to pornography will be suspended immediately without notice.
Resellers:
We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers:
Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Each Customer’s account is allowed to send a maximum of 500 emails per hour. Any account that exceeds this limitation is endangering the overall server performance. Sasahost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Sasahost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Sasahost.

4. Payment Information

You agree to supply appropriate payment for the services received from Sasahost, in advance of the time period during which such services are provided. You agree that until and unless you notify Sasahost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via ticket submission to admin[a]sasahost.co.ke. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. As a client of Sasahost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Sasahost provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid shall result in a 10% late fee added to the account balance, and/or an account suspension until the account balance has been paid in full. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales[a]Sasahost.co.ke. Sasahost reserves the right to change the yearly payment amount and any other charges at anytime.

5. Backups and Data Loss

Sasahost maintains weekly and monthly [rotational] backups of all accounts on our multi-tenant [shared] hosting servers and offers free account restoration as a courtesy. However, the backups which Sasahost maintains are solely meant for administrative purposes in the event of disaster recovery and are not meant to replace your own backups. You agree to take full responsibility for all files and data hosted in your account, and to maintain all appropriate backups of files and data stored on Sasahost’s servers. Sasahost is not responsible for files and/or data residing on your account.

There is no single backup system that is not susceptible to failures and we cannot accept any responsibility should our courtesy backups be unavailable for any reason including but not limited to software issues, data corruption and hardware failure. We strongly recommend and encourage clients to maintain their own regular backups.

Sasahost now offers affordable remote ssh (rsync) backup plans [added optionally to your hosting order], with which you can be able to maintain hourly, daily and weekly off-site backups for your critical data, easily managed via your cPanel. Alternatively you can sign up with CodeGuard which is a fast and reliable website backup service.

You have the overall responsibility of ensuring that you manage your hosting account/data wisely, carefully and professionally at all times, to avoid or minimize data corruption or data loss.

Dedicated Server and VPS services are not backed up by Sasahost, unless the remote ssh (rsync) backup plan is selected during checkout.

6. Cancellations, Refunds and Termination

Cancellations and Refunds

Sasahost gives you an unconditional 45 days money back guarantee on multi-tenant [shared] hosting, and reseller hosting accounts.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will waive the refund policy.

You may cancel at any time by submitting a cancellation request via your Client Area. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Sasahost may, in our sole discretion, refund all pre-paid fees for multi-tenant [shared] hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

There are no refunds on VPS, dedicated servers, administrative fees, setup fees and install fees for custom software. Purchases of domain names are non-refundable.

If you are a VPS or Dedicated Server Customer, you must provide 30 days written notice prior to cancellation. Further, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. We reserve the right to enforce collection measures against you, including reporting you to credit reference bureaus, commencing legal action and/or engaging debt collection agencies to recover all fees and charges accrued, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees.

Termination

Sasahost may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Sasahost or others or cause Sasahost or others to incur liability, as determined by Sasahost in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Sasahost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Sasahost may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

7 a) Resource Usage

User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes

7 b) INODES

The use of more then 250,000 INODES will result in account suspension. Accounts found exceeding 100,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

8. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9 b) Up time Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% up time you may receive one month of credit on your account. Approval of the credit is at the discretion of Sasahost dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The up time of the server is defined as the reported up time from the operating system of the server which may differ from the up time reported by individual services. To request a credit, please contact sales[a]Sasahost.co.ke with justification. All requests must be made in writing via email. Up time guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our up time guarantee.

10. Reseller: Client Responsibility

Resellers are responsible for supporting their clients. Sasahost does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Sasahost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11. Shared (non-reseller accounts) / Semidedicated Servers

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.

12. Dedicated Servers

Sasahost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Sasahost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales[a]Sasahost.co.ke if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13. Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Sasahost.co.ke, and the right to increase the amount of resources given to plans at any time.

14 a) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Sasahost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sasahost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Sasahost against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sasahost;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from Sasahost’s server.

14 b) Arbitration

By using any Sasahost services, you agree to binding arbitration. If any disputes or claims arise against Sasahost or its subsidiaries, such disputes will be handled by an arbitrator of Sasahost’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

15. Disclosure to law enforcement

Sasahost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16. Disclaimer

Sasahost shall not be responsible for any damages your business may suffer. Sasahost makes no warranties of any kind, expressed or implied for services we provide. Sasahost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Sasahost and its employees.

17. Changes to the Terms of Service and Acceptable Usage Policy

Sasahost reserves the right to revise its policies at any time without notice.

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