These Terms of Service (TOS) govern the relationship between HOSTGEE ('Hostgee'), registered in Saudi Arabia, and you and your heirs, assigns, agents and contractors (collectively, 'Customer') and is effective as of the date of electronic, verbal or written execution. By subscribing to any of the services ('Services') with Hostgee Customer agrees to be bound by these terms and conditions.
1. Term of a Contract
Unless stated otherwise, the contract is made for a minimum term of 1 month. Unless a notification of termination is received before the expiration of the initial period, the contract is automatically renewed for another minimum term and so on. The contract comes into effect at the effective date agreed upon or at the date Customer starts using the Services, whichever comes first. Fixed-term agreements will terminate upon expiration of the period stated on the contract. The fixed-term contract can be renewed by extending the term of the contract.
2. Customer Responsibilities
Under no circumstances is the customer authorized to engage in any activity that is illegal under local, national or international laws while utilizing Hostgee Services. The list of banned content includes, but is not limited to:
For more information on banned material please visit our Acceptable Use Policy, it is an integral part of the Terms of Service document and by subscribing to any of Hostgee services you agree to comply.
- Copyrighted material without the explicit permission of the copyright owner including video, audio, and text.
- IRC - running any IRC software such as IRC client software, IRC server software, web-based IRC software and IRC bots.
- Proxy/VPN - We prohibit any proxy/VPN set-ups or connections or any activity through remote proxy connections.
- HYIP - We prohibit HYIP websites and websites involved in advertising or promotion of such resources.
- Warez - Pirated or cracked versions of commercial software, hacking tools, emulators and guides to such activities.
- Spyware / Malware / Scareware - virus/spyware distribution via a dedicated server managed by Customer that may cause a security breach to others, will result in account termination.
Customer agrees to keep secure the all login information to Dedicated Server located at Hostgee facility. Sharing your Dedicated Server with an unauthorized third party is strictly prohibited. It is the responsibility of a Customer to prevent unauthorized access into the Customer's systems.
The Customer will inform Hostgee immediately of any problems or interruptions of services, equipment or software malfunctioning that the Customer has discovered while using the Service including illegal/potential illegal activities by unauthorized parties.
Customer is responsible for using the equipment leased by Hostgee with due care and deliberate misusage of the equipment may result in Customer's financial liability. It is Customer's sole responsibility to make regular back-ups of your data and files used in connection with the Services. Hostgee may make our periodic back-ups for server maintenance purposes. However, Soar is not responsible whatsoever for the loss of data or files.
The prices are stated in USD, SAR, and EUR for your convenience. You may make a payment in the currency indicated in your contract/agreed upon. The Service will be billed monthly unless otherwise agreed upon. The first invoice will include all initial costs, including installation costs (inapplicable).Invoices are generated ten days before the due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, the Service will be suspended five days after the due date with permanent termination of the account ten days later. 100 USD fee is charged to resume the Service, once it has been suspended.
4. Hostgee Content
- Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by Hostgee (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "Hostgee Content"), are the property of Hostgee or its licensors. No Hostgee Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any Hostgee Content.
- To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
- Any use of Hostgee Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Hostgee Content. All rights to use Hostgee Content that are not expressly granted in this Agreement are reserved by Hostgee and Hostgee's licensors.
5. User Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Hostgee that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Hostgee a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Hostgee does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- Hostgee exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Hostgee's computers, network hubs and points of presence or the Internet. Hostgee does not monitor User Content. However, you acknowledge and agree that Hostgee may, but is not obligated to, immediately take any corrective action in Hostgee's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Hostgee shall have no liability due to any corrective action that Hostgee may take.
6. Compliance with Applicable Law
- You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.