Terms of Service

1) Acceptance of Terms

Your access to the use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service (collectively referred to as "Users") and all applicable laws and all conditions or policies referenced here. The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third-party services providers to the Site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

2) Additional Policies and Agreements

These Terms incorporate the following policies and documents, which are considered part of your agreement with Hostraha:

• Privacy Policy
• Acceptable Use Policy
• Service Level Agreement (SLA)
• Domain Registration Agreement
• Any additional terms and conditions presented to you at the time of purchase

3) User Agreement

By using our services, you agree to:

• Provide accurate, current, and complete information about yourself and your organization when registering
• Maintain and promptly update your registration information to keep it accurate, current, and complete
• Be responsible for keeping your account credentials secure
• Be fully responsible for all activities that occur under your account
• Notify Hostraha immediately of any unauthorized use of your account
• Ensure that all users of your account comply with these Terms

4) Account

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5) Representations and Warranties

You represent and warrant that:

• You have full power and authority to enter into this agreement
• Your use of the Service will not violate any applicable law, regulation, or third-party right
• Any content you post or upload to our servers does not infringe on any intellectual property rights
• Your website and activities conducted through our services comply with all applicable laws and regulations

6) Domain Name Registration

Domain registration services are provided subject to agreements with registry operators and ICANN policies. By registering a domain name through our services, you agree to:

• Comply with all ICANN consensus policies and all registry policies for the domain names you register
• Acknowledge that domain name registration is not guaranteed if the requested domain name is not available or does not comply with registry policies
• Provide accurate WHOIS information and keep it updated as required by ICANN
• Renew your domain before its expiration date to avoid loss of ownership

Hostraha acts as an intermediary in the domain registration process and cannot guarantee the registration of any specific domain name. Once registered, domain names are generally non-refundable.

7) Transfers from Other Providers

When transferring services from another provider to Hostraha, you acknowledge that:

• You have the authority to request such transfers
• You are responsible for coordinating with your current provider
• You are responsible for any fees associated with the transfer process
• Transfer processes depend on your current provider's policies and may take varying amounts of time
• Hostraha is not responsible for any service interruptions that may occur during the transfer process

8) Transfers of Registered Accounts and Websites

To transfer ownership of your Hostraha account or hosted websites to another party:

• Both parties must complete our account transfer process
• The original account owner must provide written authorization
• The new owner must accept these Terms of Service
• Transfer fees may apply
• Domain transfers are subject to registry restrictions and ICANN policies

Hostraha reserves the right to refuse any transfer request for any reason.

9) Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Hostraha and its licensors. The Service is protected by copyright, trademark, and other laws of both Kenya and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hostraha.

You retain ownership of any intellectual property rights that you hold in content that you post to the Site. By posting content, you grant Hostraha a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with providing the Service.

10) Prohibited Activities

You may not engage in any of the following prohibited activities in connection with your use of our services:

• Illegal content - including but not limited to: pirated software, hacking programs, warez, etc.
• Adult content - pornography, sexually explicit material
• IRC-related services - including bots, shells, and clients
• Proxy scripts/anonymizers
• Pirated software/warez 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 stream)
• Escrow/bank debentures
• High-yield interest programs (HYIP) or related sites
• Investment sites (FOREX, E-Gold Exchange, etc.)
• Sale of any controlled substance without proper authorization
• AutoSurf/PTC/PTS/PPC sites
• IP spoofing
• Denial of service attacks
• Phishing sites
• Malicious hacking
• Illegal activities of any kind

11) Zero Tolerance Spam Policy

Hostraha takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following guidelines apply:

• Unsolicited bulk email (UBE) or unsolicited commercial email (UCE) is prohibited
• Sites advertised via UBE/UCE (even if sent from another provider) may not be hosted with us
• We maintain a spam abuse team to investigate complaints
• If a customer is found to be using our services for spam, their account will be terminated without notice
• No refunds will be issued for accounts terminated due to spam violations

12) Payment Information

Hostraha offers various payment options for our services:

• All payments are due in advance of service delivery
• Services may be suspended if payment is not received by the due date
• For recurring services, you authorize Hostraha to bill your payment method on a recurring basis
• You are responsible for updating your payment information
• Hostraha may suspend or terminate services for non-payment
• All fees are exclusive of all taxes, which you are responsible for paying

If you believe there's an error in billing, you must notify us within 30 days of the charge.

13) Backups and Data Loss

While Hostraha maintains regular backup procedures, we cannot guarantee the availability of backups or the integrity of data in all circumstances:

• You are solely responsible for maintaining independent backups of your content
• Hostraha backups are primarily for disaster recovery purposes
• Backup schedules and retention policies vary by service plan
• Backup restoration may incur additional fees
• Hostraha is not liable for any loss of data regardless of the cause

14) Promotional Terms

From time to time, Hostraha may offer promotional rates or discounts:

• Promotional rates are valid for the initial term only
• Services will renew at the regular rate unless otherwise specified
• Promotions cannot be combined unless explicitly stated
• Hostraha reserves the right to modify or discontinue promotions at any time
• Eligibility for promotions may be limited to new customers or specific services

15) Cancellations and Refunds

Our refund policy is as follows:

• Shared hosting plans come with a 30-day money-back guarantee
• Domain registrations, SSL certificates, and other third-party services are non-refundable
• Refunds do not apply to administrative fees, installation fees, or domain name purchases
• Renewal charges are not eligible for refunds
• To cancel your service, you must submit a cancellation request through your client area
• For monthly billing cycles, the cancellation must be received before the next billing cycle
• For annual or longer terms, no prorated refunds are provided after the initial 30 days

16) Resource Usage

All hosting plans are subject to the following resource usage policies:

• Resources are allocated based on the hosting plan purchased
• Excessive resource usage may result in service suspension or require an upgrade
• CPU, memory, and process limits vary by hosting plan
• Hostraha reserves the right to limit background processes that consume excessive resources
• Resource usage is monitored and enforced to ensure service reliability for all customers

17) INODES

Inodes represent files, folders, and email messages on your account:

• Each hosting plan has a maximum inode limit
• Inode limits are in place to protect server performance
• Accounts exceeding inode limits may experience performance issues
• Hostraha reserves the right to request reduction of inodes or require an account upgrade
• Accounts consistently over the inode limit may be suspended until files are removed

18) Bandwidth Usage

Bandwidth limits apply to all hosting plans:

• Bandwidth is measured as the total data transfer to and from your hosting account
• Each plan includes a specific bandwidth allocation
• Exceeding bandwidth limits may result in additional charges or service suspension
• Bandwidth cannot be carried over from month to month
• Hostraha reserves the right to limit bandwidth for activities that negatively impact server performance

19) Reseller: Client Responsibility

If you are using our reseller hosting services:

• You are responsible for providing support to your own customers
• You are responsible for the actions of your clients
• All clients must comply with our Terms of Service
• You must have your own agreement with your clients
• Hostraha reserves the right to suspend any reseller account whose clients violate our policies
• You are responsible for maintaining backups of all your clients' data

20) Shared (non-reseller accounts) / Semi-Dedicated Servers

For shared hosting environments:

• Resources are shared among multiple users
• Fair usage policies apply to ensure equitable resource distribution
• Activities that negatively impact other users are prohibited
• Hostraha reserves the right to optimize server configurations
• Resource usage may be throttled to maintain server stability

21) SSL Certificate Revocation

For SSL certificates issued through Hostraha:

• Certificates must be used in accordance with the Certificate Authority's terms
• Certificates may be revoked for security concerns or policy violations
• Hostraha is not responsible for any business losses due to certificate revocation
• No refunds are provided for revoked SSL certificates
• Certificate renewal is the responsibility of the customer

22) Price Change

Hostraha reserves the right to modify pricing at any time:

• Price changes will be communicated via email at least 30 days in advance
• For existing customers, price changes typically take effect at renewal
• If you disagree with price changes, you may cancel your service per our cancellation policy
• Continuing to use the service after a price change constitutes acceptance of the new pricing

23) Indemnification

You agree to defend, indemnify and hold harmless Hostraha, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

24) Limitation of Liability

To the maximum extent permitted by law:

• Hostraha shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Hostraha's total liability is limited to the amount paid by you for the service in question
• Hostraha is not liable for any loss of profits, data, goodwill, or business opportunities
• No liability for service interruptions, errors, or delays beyond our reasonable control
• These limitations apply regardless of the legal theory of liability

25) Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Hostraha, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

26) Disclosure to Law Enforcement

Hostraha reserves the right to disclose your information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website. We will notify you of such disclosure when legally permissible.

27) Changes to the TOS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

28) Link to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Hostraha. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Hostraha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

29) Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and cancel through your control panel.

30) Governing Law

These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

31) Dispute Resolution

Any disputes arising under or in connection with these Terms shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations within 30 days, it shall be submitted to arbitration in accordance with the laws of Kenya. The arbitration shall take place in Nairobi, Kenya, and the language of arbitration shall be English.

32) Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service. You may submit feedback by emailing us at feedback@hostraha.com. Any feedback you submit is voluntary, non-confidential, and non-proprietary. You grant Hostraha a perpetual, irrevocable, worldwide license to use any feedback you provide for any purpose without compensation to you.

33) Important Notice for Affiliates

Our affiliate program is governed by separate terms and conditions. Affiliates must adhere to our marketing guidelines and prohibited from using spam or deceptive practices. Hostraha reserves the right to terminate any affiliate relationship for violation of our policies.

34) Bulk Email

For sending bulk email through our services:

• All bulk email must comply with anti-spam laws including CAN-SPAM Act
• You must maintain an updated suppression list (unsubscribe list)
• Recipients must have opted-in to receive communications
• All bulk email must include a valid unsubscribe mechanism
• Bulk email services are subject to additional resource monitoring

35) CPU Usage

To ensure service stability for all customers:

• CPU usage limits are enforced based on your hosting plan
• Scripts that consume excessive CPU resources may be suspended
• CPU-intensive operations should be optimized for efficiency
• Regular monitoring of CPU usage is recommended
• Accounts that consistently exceed CPU limits may require upgrading

36) File Repository / Dump Sites

Hosting accounts may not be used for:

• File repository services (similar to Rapidshare, Mega, etc.)
• Mirror sites primarily serving downloads
• Storage of backup archives
• Storage of email archives
• Storing excessive media files unrelated to the website

Accounts found to be used primarily as file storage may be suspended or terminated.

37) Violation of Rules

Violation of any of these rules may result in:

• Immediate account suspension or termination
• Deletion of prohibited files or content
• Forfeiture of all prepaid services
• Possible reporting to law enforcement authorities
• Additional fees for any administrative or technical work required to address violations

38) Contact Us

If you have any questions about these Terms, please contact us at:

Hostraha Limited
P.O. Box 5000-00100
Nairobi, Kenya
Email: legal@hostraha.com
Phone: +254 700 000 000