The additional services and products, listed below can be provided by the Company upon customer's request on the following terms:
Linux shared account and additional services and products come with the features and prices, as described in the Packages Section on akooka.com website on the date of the Customer's payment. The Company reserves the right to decide if any changes made to the its products, prices or discount policies after the Customer's payment should be applied to the Customer's account.
The Customer is solely responsible to provide all the needed information, so that the Company can provide the ordered service. If any information is missing after the order is submitted, the Company will request it from the Customer additionally. If the Customer does not provide the requested information in 10 business days after the request is sent, the order will be cancelled with no refund.
The Company service fees do not include sales, use, transfer, privilege, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. The Customer is solely responsible for paying all applicable taxes.
Any service provided by the Company can be cancelled by the Customer in accordance to the cancellation terms below. The cancellation becomes effective 5 business days after it has been received by the Company. If a renewal payment is billed by the Company after a cancellation request is received but before the cancellation becomes effective it will not be refunded.
Cancellation and refund policy for a Linux hosting account
A Linux Shared hosting account can only be canceled through the Customer Area. The cancellation request process includes initiating a cancellation request and confirmation of the cancellation request. A cancellation request is received by the Company only after it has been confirmed by the Customer. The client forfeits all payments made to the company and has no claim at a later stage.
Cancellation policy for Additional Services and Products
Any additional service and product service provided by the Company can be only canceled by the Customer with a cancellation request posted to the Billing Department through the Helpdesk. The additional services and products fees are non refundable
Service Cancellation by The Company
The Company may cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable. The Company may also cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use.
Hosting Account Expiration
Each Customer's account might be suspended on the expiration date if no renewal payment is received by the Company before this date. A copy of the expired account will be kept by The Company for a maximum of 7 business days after the expiration date. Each expired account will be terminated and deleted if more than 7 business days have passed after the expiration date and no renewal payment is made by the Customer. The Company cannot be held liable for loss of data due to account suspension or termination after the expiration date.
Addition of Late Fees to Overdue Invoices
The Company will add a 7.9% late fee, if an invoice remains unpaid for 10 days from the date of the invoice. This late fee is non-negotiable, non-refundable and must be paid, in addition to the normal fees, for services to be unsuspended.
Ownership of Products/Services in the Event of Non-payment
All products/services remain the property of the Company until full payment is received for them. In the case of non-payment, ownership details of Domain Names will be changed with appropriate registrars to reflect the name of the Company. If, at any future stage, the Customer decides to make use of the Domain Name, there will be a R2699 charge to transfer ownership back to the Customer.
Customer's use of account resources
The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. The Company has the right to decide what constitutes a violation of the terms below:
Customer's use of traffic (bandwidth)
Customer's account monthly traffic is limited in accordance with the Customer's hosting plan. If the monthly traffic limit is reached before the end of the month the Customer's account will be suspended until the beginning of the next month. No traffic can be transferred from month to month.
Customer's use of disk space
Customer's account disk space is limited in accordance with the Customer's hosting plan. The maximum allowed space for shared Linux Hosting is 500,000 MB. The following disc space limitations for different file types are also applicable:
- NO more than 5,000 MB of a Linux shared hosting account can be allocated to music, video or other multimedia files including but not limited to .avi, .mp3, .mpeg, .jpg, .gif files
- NO more than 5,000 MB of a Linux shared hosting account can be allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium. These files include but are not limited to .rar, .zip, .tar, .gzip, .iso, .nrg, .ccd, .img, .sub, bin/.cue files.
- NO more than 5,000 MB of a Linux shared hosting account can be allocated to databases dumps including but not limited to .sql files
- NO more than 5,000 MB of a Linux shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program. These include but are not limited to .exe, .pdf, .psd files.
Customer's use of parked domains
The Parked domain feature allows the Customer to have more than one domain names pointing at the same content as the primary domain of the account. The Customer should not use the Parked domain feature for pointing at other content using htaccess, php redirect or in any other way.
Customer's use of email service
The Customer should use the email and other related services in full compliance with the terms below:
- Each Customer's account is allowed to send a maximum of 400 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
- Each email sent by the Customer should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
- The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 100MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
- The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 100MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
- The Company allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance.
Customer's use of DataBase Resources
Customer should use the MySQL and Post-Gre database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Customer is responsible to manage his/her database(s) so that it is in compliance with this policy.
Customer's Use of Shared Server CPU
The Customer account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
Customer use of Server Memory
The Customer account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.
Other Customer's account limitations
The limitations listed below apply to each Customer’s account and failure by the Customer to comply with them will endanger the overall server performance:
- No more than 20 simultaneous processes will be executed by the Customer's account at any given time.
- No Cron Jobs with execution period shorter than 30 minutes will be executed from the Customer's account.
- No more than 10 simultaneous connections from a single IP to the Customer's account are allowed.
In rare cases The Company may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if the Company decides that there is enough evidence that the violation will not be repeated and after a payment of a R500 re-activation fee.
The company reserves the right to terminate each account that violates the terms of account resource use and cannot be responsible for data loss in such cases
Linux Shared Hosting Servers Configuration
The Company configures the Linux Shared Hosting servers based on its best knowledge for optimal server performance. The Company can also make changes at the server configuration at any time without prior warning to the customer. This is done in good faith for achieving better server performance. The customer agrees that s/he will not be able to perform any activity from his/her account, which will be in conflict with the server configuration; as such activities are endangering the quality of the overall server performance.
Customer's Responsibilities related to his/her Account Confidentiality and Integrity
The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.
The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.
The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use.
Customer's Responsibilities Related to Actions that Cause Harm to The Company
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.
Customer's Responsibilities related to his/her account content performance
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software. The specifications of the hardware and software are described in the Control panel (CPanel) for each account. It is Customer's responsibility to keep his/her content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company.
Affiliate Program
Individuals may register as a customer with the company without purchasing any services. The Customer can then signup for the Affiliate Program from the Client Service Area by logging in on the akooka site. Payment schedules are as listed on the affiliate section of the site at the time. Payments will only be made to affiliate if their account balance exceeds R500.
Acceptable Use Policy
Customer should use all services provided by the Company for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, the Company may take immediate corrective actions including immediate deletion, from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund. The Company has the right to decide what constitutes a violation of the terms below.
By using any Services, provided by the Company:
- You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other customer of the Company.
- You agree not to allow any remote code execution of malicious software through the hosting account provided by the Company
- You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
- You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
- You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
- You agree that you will not use the Company services to host any website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
- contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs.
- Promote Money Making Schemes, Multi-level Marketing or similar activities.
- Contain Torrent trackers, Torrent Portals or similar software.
In rare cases the Company may be able to re-activate a Customer's account that has been suspended for violation of acceptable use policy above. This is done only if the Company decides that there is enough evidence that the abuse will not be repeated and after a payment of a R500 re-activation fee.
Technical Support
The Company provides Technical Support to the Customer at no additional fee only for hosting related issues. The Company has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by the Customer for providing non-hosting related support are non-refundable.
The Customer can request technical support only by opening a ticket trough the Helpdesk system located in the Customer's area. The Company will have no liability to provide technical support if it is requested in any other way apart from the Helpdesk system. The Customer is solely responsible to use the appropriate Helpdesk category when posting a ticket. The Company will have no liability to respond to tickets opened in inappropriate categories.
Customer must provide the Company with all information and access to facilities that the Company may reasonably require to provide the requested Technical Support. The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer's failure to provide any of such information.
The Company will act in good faith to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.
The Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with the Company provision of Technical Support requested by Customer.
The Customer should not abuse the Helpdesk system. Abuse of the Helpdesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the Helpdesk system may result in warning, Helpdesk access restrictions, hosting account suspension or possible hosting account termination with no refund.
Third Party Software Products
The Customer can use third party software on his/her account only if it is compatible with the Company servers and is approved by the Company. The Customer's use of any third party software is at the Customer's own risk. The Company cannot be responsible for any third party software performance.
Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required.
The Customer is solely responsible for any license and other fees required by the software providers, for using any third part software installed on the Customer's account apart from the initial account setup.
Backup Policy
The Company act in good faith to create a backup copy of each Customer's account once a week. However, these copies are intended for the Company internal use only. The Customer is solely responsible for making backup copies of his/her web site and content. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content. The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content.
99.9% Server Uptime Guarantee
For annual downtime of more than 0.1% on the server(s), where the Customer's website is hosted, the Customer will receive compensation if all the conditions below are met:
- The Customer has used the Company hosting service for at least 12 months.
- The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
- The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
- The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.
The Customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime.
Loss of Email Messages
The Company cannot be liable for loss of emails, which are not sent to an existing mailbox at the Customer's domain. Due to our SPAM protection policy, the Company is not always able to notify the sender of the email that such a mailbox does not exist.
Services Ownership
The person/organization, whose information is filled in the Customer area is considered by the Company as the OWNER of the service. Initially this information is automatically filled by the Company using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership can be done at any time by changing the information filled in the Customer area by the current owner. The owner is solely responsible for any change to this section.
The Company will contact the Owner in any event connected with the ordered service. The Company will also consider the Owner as the only one authorized to make requests to the Company connected with the ordered service.
This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true::
- The Owner is the same as the Payer
- The Owner, has contacted the Company and agreed that the ownership is transfered to the Payer.
In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the Company ownership policy.
Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above. The Company will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
Disclaimer
The Customer understands and agrees with the fact that the Company does not control and is not responsible for the content of data, scripts, or other information passing through the Company's host computers, network hubs and points of presence on the Internet. The Company cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by the Company.
The Company Services are provided on an as is, as available basis and are used on the Customer's own risk. No warranties related to the Company services are made, including but not limited to warranties of merchantability or fitness for a particular purpose. The Company makes no warranties that its services will not be interrupted or will be error free. The Company does not guarantee that any specific results can be obtained by using its services. No kind of advice or information, written or oral, given by a Company’s employee, owner or agent can be viewed as a warranty of any kind. The Customer understands and agrees that the Company cannot compensate the Customer with a value exceeding the total price the Customer has paid for the Company services.
The Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Company's Terms could result in a warning, suspension, or account termination.
In case of any lawsuit against The Company, resulting from a Customer's violation of law or the above Terms of Use the Customer will pay all damages, as well as attorney fees.
The terms of the Disclaimer section shall survive any termination of this agreement.
Choice of Arbitrator
The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator of the Company’s choice. All decisions rendered by that arbitrator will be binding and final.
Terms of Use Change
The Company reserves the right to change the above terms of use at any time. Such changes will become effective and binding after their posting on akooka.com website. The Customer agrees to regularly review the Company Terms of Use and be aware of the changes made. By continuing to use the Company services after a revision has been posted, the Customer agrees to abide by them.
