This policy represents the Shiftserver Terms of Service (“TOS”) in its entirety and supercedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with Shiftserver. Shiftserver reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers.Customers and clients can view the most current version of this policy at Customers using any services offered by Shiftserver consent to be bound by and must comply with all policies in this TOS. At the sole discretion of Shiftserver. any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Shiftserver maintaining one or more accounts (each “Account”), you agree to the following terms of service.
- “We” “Us” or “Provider” Shiftserver.
- Shiftserver – An Online Web Hosting Business
- “You” “Your” “Client” “Customer” or “Member.”
Each person or entity who applies for internet service or is a designate of any one who applies for internet service
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, Shiftserver offers a 99.9% uptime guarantee. This is valid for only the connection. Shiftserver will pursue all resources and channels available to maintain maximum uptime, however, Shiftserver is not responsible for any down time caused by client’s error.Shiftserver MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Shiftserver nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Shiftserver, even if Shiftserver has been advised to the possibility of such damages.
Services provided by Shiftserver
Shiftserver will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Shiftserver members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Shiftserver members will use the provided services in a manner consistent with any and all applicable laws of the Malaysian Federal Law. Shiftserver provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Shiftserver reserves the right to refuse customers from utilization of its services, without notification. If any of the below activities are committed, Shiftserver can terminate client’s account with 2 (two) day notice.
- Client Content: Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of Shiftserver or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Shiftserver or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted MP3, storing personal backups and/or cPanel backup files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. Shiftserver will be the sole and final arbiter as to what constitutes a violation of this policy. Shiftserver does not normally monitor the contents of clients servers, however if suspicion occurs, Shiftserver reserves the right to investigate and suspende the clients subscription to the service.
- Bandwidth Usage: Shiftserver offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended. There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account will be suspended until you upgrade, warning e-mail’s are sent out before your account reaches the maximum.
- Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered “excessive resources”. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using “excessive resources” will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages. Shiftserver will be the sole and final arbiter as to what constitutes a violation of this policy. Shiftserver does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above restrictions.
- No “Spam”: UCE/UBE or “Spam” originating from a server located on our network or associated with a Shiftserver server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the Shiftserver network but is sent from an e-mail address not associated with that Shiftserver account. Client shall not use their Shiftserver services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Shiftserver reserves the right to deactivate any account(s) upon any indication of such activity with 2 (two) day notice.
- False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and regulations. If any news groups or service provider contact Shiftserver concerning unethical, false or unlawful activities by you, Shiftserver reserve the right to Suspended your service 2 (two) day notice.
- Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Any shared hosting account that uses more than 10GB of disk space will be removed from our weekly system backup.
Payment, Renewal, Cancellations
- Payment Obligations: Full payment is required in advance before hosting service is established. Shiftserver sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that Shiftserver may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus any late fee’s. There is a USD35 fee for bounced cheques and a USD45 processing fee for chargebacks.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Shiftserver thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.
- Cancellation & Refunds:
You may receive a full refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
Shiftserver may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 35 days after Your hosting account's billing date for shared hosting accounts and within 7 days for VPS and dedicated servers Shiftserver reserves the right to terminate Your services for non-payment.
If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited, also No-refund will be make.
For closed accounts there is a RM60.00 per incident charge for all inquiries regarding previous services and or support.
Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Shiftserver, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Shiftserver will attempt to recover the data from the most recent archive for a RM60.00.
99.9% Service Level Agreement “SLA”
Shiftserver offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Shiftserver will try to maintain maximum uptime. Shiftserver is not responsible for any downtime caused by the client. We experience 99.9% uptime on all servers and network equipment over a 12 month period. That 00.1% is equal to approximately 9 hours of downtime in a year, not even a full day. We are well within this limit and will do our best of course to avoid any downtime on our shared hosting network.
Third Party Script Assistance
Shiftserver retains the right not to assist clients with third party applications. This includes any script uploaded by the client, installed using cPanel, it’s scripts library or any installer within. Any assistance, support, or troubleshooting provided by Shiftserver for ANY third party script or application will be subject to a USD5 service fee.
Last updated 4-dec-2015