SepiaHost Legal Agreement

Review our policy applicable to all services along with, Disclaimer and Privacy Policy put in place for your benefit. The following policies are designed to be read by the average man, not by some professional lawyer.
Last Revision: 20 Oct 2016

 

Terms of Services & Acceptable Use Policy

Definitions

  • "Agreement" a legally binding contract between Sepiahost and Customer.
  • "Sepiahost", "Sepia Solutions", "we", "us", "our", et al. shall refer to the Service provider Sepiahost (http://sepiahost.com/).
  • "Customer", "Client", "you", "your", et al. shall refer to any individual, Company seeking to purchase or utilize any service provided by Sepiahost. This also includes any agent or contractor of the aforementioned party.
  • "Employee" shall refer to an agent of Sepiahost authorized to act on the behalf of Sepiahost.
  • "Services" shall collectively refer to any service ("Web Hosting", "Dedicated Server", "Cloud VPS Server", "Management Services", "Domain Registration", "SSL Certificate", any other Services mentioned on our website) and the billing associated with it that Sepiahost agrees to provide to the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.
  • "Servers" shall collectively refer to any hardware provided by Sepiahost that a Customer utilizes.
  • "Sites" shall collectively refer to any website maintained by a Customer on Sepiahost server.
  • "Account" shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from Sepiahost.
  • "In writing" and "written consent" shall refer to communication and/or permission established over email between the Customer and Sepiahost.

This Agreement is by and between Sepiahost - a division of Sepia Solutions, and Customer. By purchasing or utilizing the Services provided by Sepiahost or any of its affiliates, it is effective as of the date you purchase services from Sepiahost. You acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Sepiahost may establish and post on its website from time to time.

Sepiahost reserves the rights to revise this agreement at any time without providing direct notice to those whom it affects. It is understood that any individual/company purchasing or utilizing services provided by Sepiahost will review this document periodically for any changes.

Any breach of this agreement by any customer purchasing or utilizing services by Sepiahost may result in the services being suspended or terminated with or without notice.

Any questions for clarification, or to challenge the terms set forth in this agreement may be submitted in writing via email to info@sepiahost.com.

 

  1. Accounts and Services
    1. Sepiahost agrees to provide any and all services requested by the Customer during signup as put forth by the package selected by the Customer. Sepiahost will not be expected to provide any other services unless agreed to in writing between the Customer and an Employee. All Services that Sepiahost provides shall be bound by the terms of this agreement.
    2. New Accounts are established under the following conditions:
      1. Full payment has been received as per the invoice generated at signup.
      2. The order has been successfully screened for fraud, and is determined not to be fraud.
      3. The Employee reviewing the signup accepts the order.
    3. Sepiahost retains the right to reject any order at any time for any reason with or without notice. In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer may send a request about the reason for cancellation in writing.
    4. Each Customer that contracts service with Sepiahost will be setup with an account that consists of accurate contact and billing information as verified by the Customer. Failure to provide truthful information may result in the suspension or termination of the Account.
    5. All Accounts with Sepiahost must have valid contact information on file that is kept up-to-date at all times as verified by the Customer. This includes, but not limited to, name, physical address, phone number, and email address.
      1. The email address on file must not be one provided by Sepiahost. It must be on external server (i.e. any third party email service provider including Yahoo, AOL, Gmail or Hotmail.).
      2. Sepiahost cannot be held responsible for any reason, in the event that we cannot get in contact with the Customer due to inaccurate contact information.
    6. All communication regarding the Account initiated by Sepiahost with a Customer shall take place via email. Sepiahost assumes the email address provided on the Account is accurate and up-to-date, and will make no additional effort to contact you.
      1. Customers reserve the right to be notified of any action taken on their account in accordance with this clause unless otherwise noted in these terms.
    7. Any change to a Service made by Sepiahost on behalf of the request of a Customer that is not part of a standard package or Service will be considered to be temporary in nature. These changes are made on a case-by-case basis, and may not be preserved when other changes are made to the Services. Sepiahost will not be held responsible for any downtime or issues related with this section.
      1. Any aforementioned change may be removed at any time with or without notice if it is found to have a negative effect on the Services.
    8. Sepiahost reserves the right to modify its network and facilities used to provide the Services, for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Sepiahost shall use reasonable efforts to notify customer in advance of any planned changes to Sepiahost's network or facilities that may adversely affect the Services provided under this Agreement.
    9. You acknowledge that you have not relied on any statement, promise, or representation made or given by, or on our behalf, which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.
    10. All notices given by you to us must be given through our support ticket system. We may give notice to you on our client portal or the current e-mail registered with your account with us.
    11. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.
  2. Price and Billing
    1. The price of any services will be as quoted on our website, updated regularly, except in cases of obvious error. The base rate of prices is USD and forex rate of open market is applied for conversion which will be updated on regular basis. These prices exclude TAX/VAT.
    2. The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.
    3. Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase/decrease comes into force. Any such price increase/decrease will not be effective until the Minimum Term period expires (usually 30 days). If you do not agree to such price changes, please cancel your Services before your service term expires. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the payment method registered to your account.
    4. Our website contains the details of a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.
    5. We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mistake.
    6. You must specify a payment method for the Services you have ordered before submitting your order. You can choose any of the payment methods available in our system (i.e. paypal, credit or debit card or bank transfer) for your account. We will take payment from the payment method you have registered against your account immediately upon sending you our Acceptance Confirmation or shortly thereafter. If we subsequently reject your order, we will refund the payment you have made.
    7. Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term you specify with your order.
    8. All Services are billed on a recurring basis according to the package chosen at signup, or as determined by a Customer and Employee in writing after an Account has already been established, as in the case of an "upgrade". Payment is automatically attempted via the Paypal, credit card or any chosen method on file on the anniversary date of the Service.
      1. All Services are billed up-front according to the billing term selected. This includes but is not limited to, one time fees, upgrades, additional services, terminations and service credits.
      2. Sepiahost shall send an invoice at most [14] days before payment is due for recurring payments.
      3. Automatic billing cannot be stopped unless the Services are terminated.
    9. In the event a Customer owes money to Sepiahost for any reason, any Services the Customer has with Sepiahost may be suspended to attempt to collect payment, with or without notice.
    10. Billing, for all Services a Customer maintains with Sepiahost, remains active while an Account or Service is suspended. Any payment that comes due during the time an Account or Service is expected in full, and must be paid prior to Service being reinstated.
    11. Sepiahost reserves the right to charge a late fee of 3% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.
    12. From time to time, Sepiahost may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. One offer per client only.
    13. Sepiahost provides several options for payment:
      1. Paypal: Currently, Sepiahost is able to accept Payments via Pay Pal. Payments must be fully CLEARED before they are credited to your account.
      2. Credit Card: When you place an order through credit card, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly.
      3. Checks, Money Orders and Wire Transfers payments: Sepiahost accepts both checks and money orders. In the event a check is returned, Sepiahost will charge a returned check fee of Rs.1999.00 or equivalent of your chosen currency. You are responsible for payment of fees on all bounced check.
  3. Non-payment Suspension and Termination
    1. In the event you fail to pay your invoice by due date, we reserve the right to suspend your services until payment is received.
    2. If you are still past due on the 3rd day from the due date on the invoice, we reserve the right to terminate your service entirely and in case of dedicated/VPS server, reformat your server and allocate to other client.
    3. If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency, and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
  4. Overage Billing
    1. "Overage" is defined as usage of the Services provided by Sepiahost to you in excess of the allocated limitation. Overages are charged for additional space, Backup, Bandwidth and Professional Services (maintenance and management time) used in excess of the amount allocated to your account.
    2. You agree to pay the then-current Overage fees and charges for the Sepiahost services, including backup and bandwidth Overage fees, upon receipt of an invoice. Overage rates are set and published on our website at http://www.sepiahost.com/. Usage information is available in Client Area.
    3. Overage fees can be avoided by subscribing to a higher service plan.
  5. Support
    1. If a problem has arisen with regard to the Services or your registered account, you can access support through our support ticket system http://support.Sepiahost.com/, twenty-four (24) hours a day, seven (7) days a week.
    2. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.
  6. Hosting Service - Service Levels
    1. We will use our reasonable endeavors to make our servers available to you as part of the Hosting Service you purchase for ninety-nine point nine-nine (99.99) per cent of each calendar month. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavors to keep downtime to a minimum. We shall make all commercially reasonable efforts to provide you with advanced notification of all scheduled and emergency outages through the system status page on our website and through our newsletter.
    2. Service credits are not given for any form of downtime or service unavailability.
  7. Domain Names
    1. Where the Contract includes our Domain Registration and Renewal Service:
      1. we will endeavor to procure the registration of the domain name you request;
      2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name;
      3. we shall not act as your agent or on your behalf in any dealings with domain name registry;
      4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry's terms and conditions of use which you should obtain and read from relevant website (you can get the relevant registry terms of service website address by creating support ticket);
      5. you are responsible for ensuring that you are aware of the terms referred to in clause 4 of this section so that you can comply with them;
      6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate "whois" database of the domain;
      7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may be or is likely to be in bad faith, in breach of the provisions of these terms and conditions or any legal or regulatory requirement; and
      8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered.
    2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorized by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.
    3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices at least thirty (30) days and seven (7) days before the renewal date of your registered domain name. These notices will be sent to the email address given with your account.
    4. You hereby authorize us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods registered against your account. This clause is applicable to online payment methods only.
  8. Term of Termination/Cancellation and Money Back Guarantee
    1. If a Customer wishes to terminate Services or an Account provided by Sepiahost, it must be requested in writing via email to support@sepiahost.com, or by logging into the Client Area and requesting cancellation.
    2. When you request termination, we will follow this process: We will first contact you to confirm the termination and verify that you are authorized under your account to terminate it. Then, we will immediately suspend billing and disconnect affected service. We are not able to schedule termination ahead of time, and all termination requests are effective immediately. Regarding mid-month or mid-period terminations, Sepiahost will not issue pro-rated refunds for payments received in the middle of a payment cycle. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
    3. In case of Dedicated/VPS Server you must request for cancellation at least 3 days before payment due date. If you request cancellation on the same or after due date, then next month charges will be applied to your account.
    4. Sepiahost may terminate this Agreement effective immediately and without notice, upon any breach by You of any of the terms in this Agreement. In such event, Sepiahost shall have no obligation to refund any fees paid in advance by You, nor will a backup of any data stored on the Servers be provided.
    5. If you terminate your Services, any data we hold or host in relation to the Services you have terminated will be immediately and permanently deleted from our system. Accordingly, you are strongly advised to make appropriate copies of such data before you request for termination of your Services.
    6. At this time, Sepiahost does not offer a refund-based money back guarantee of any kind.
  9. Chargebacks and Payment Disputes
    1. Under this Terms of Service agreement you must first contact Sepiahost to attempt to resolve any billing disputes before contacting your bank or credit card Company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
    2. By using our services You agree to the policy and to contact Sepiahost before contacting your financial institution to seek a resolution.
    3. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
    4. Bank disputes (i.e. "chargebacks") are grounds for immediate termination of an Account without notice from Sepiahost. In the event that a bank dispute is received from a Customer, the Account will be suspended and/or terminated. If a Customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
  10. Prohibited Uses
    1. You may use the Services only for lawful purposes. Failure to comply with this section will result in immediate termination and/or suspension of the Account. You may not use the Services:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, nude materials, pirated contents, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
      4. to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      5. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (also known as SPAM);
      6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
      7. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
    3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.
      1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer's responsibility to alert Sepiahost in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
    4. Sepiahost considers certain material to be unacceptable. If unacceptable material is found on a Site or server, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to:
      1. Pornographic or adult material
      2. Fraudulent activities of any kind
      3. IRC and IRC related tools
      4. Copyrighted material without explicit consent to use and/or distribute
      5. Network/computer scanning or attack software
      6. Exploits
      7. Software licenses, license generation software, software "cracks"
      8. Site mirroring
      9. Upload services of any kind
      10. Spiders of any kind
      11. Computer viruses/malicious software of any kind
      12. Proxy scripts or services
      13. Ponzi or pyramid schemes
      14. Pharmacy or pharmacy-like services
      15. Racist, hateful, or harassing content
      16. Hacking related information or services
      17. SPAM of any kind
    5. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.
      1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.
  11. Zero Tolerance Policy for Unsolicited E-mail/Black Listing

    "Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding specific E-mail communication message sent by You. "Unsolicited E-mail Incident" is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
    Black Listing: "IP Black Listing" is an occurrence when a third party black listing service determines that a Sepiahost issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") being unable to send E-mail to certain third parties.
    Sepiahost has designed this portion of the Agreement to comply with the United States CAN-SPAM Act (the "Act".) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.

    1. Customers are prohibited from using the Services to send SPAM. The recipients of any email sent from the Sepiahost network must first consent to receiving email from the sending Account. Any violation of this section will result in immediate suspension and/or termination of the Account.
      1. Any email sent to a purchased list, or a list consisting of email address not gathered with the consent of the recipient is considered in violation of this section.
      2. Sepiahost has the final say in determining if an email message is SPAM.
    2. Zero Tolerance for Black Listing: Sepiahost has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spam-advertising" other websites or services or products) to be violations of this Agreement. If your account is found to be a reason for Black Listing, Sepiahost reserves the right to discontinue your services immediately with or without warning.
    3. Furthermore Sepiahost will levy a Black Listing processing fee of Rs.19999 for the first instance of IP Black Listing and Rs.39999 for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Sepiahost. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year even after this agreement is terminated.
  12. Tortuous Conduct
    1. Any abuse towards any Sepiahost employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner, when emailing, calling or submitting online tickets to Sepiahost. Any cursing, yelling, or further intentional disruptive behavior aimed at Sepiahost or its employees shall be considered a violation of this Terms of Service agreement.
    2. Any threat; whether orally, verbally, in written, via E-mail, via Live Chat, delivered by second parties or delivered in any other way, and directed towards Sepiahost or any of Sepiahost's employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Terms of Service agreement. Threats of physical violence will be directed to the proper authorities.
    3. No refunds shall be given when the above Tortuous Conduct clause is violated and necessitates the termination of an account or services.
  13. License to Host
    1. You hereby grant to Sepiahost a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement:
      1. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You;
      2. make archival or backup copies of content uploaded by You to the Sepiahost servers. Sepiahost shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the Sepiahost servers. You are responsible for any of your content residing on Sepiahost's servers and for the backup thereof.
  14. Storage, backup and Security of your material
    1. At all times, You bear full risk of loss of any content and software you place on the Sepiahost servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
    2. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload ("Material") (or permit to be uploaded) onto our servers as part of your use of the Services. In the event of loss of or damage to your Material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure.
    3. We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party. This clause is applicable to Shared Hosting only.
    4. Sepiahost does not undertake any obligation to provide management or security services unless you specifically request us to do so. If any technology specifically associated with your account requires updating, You must make a request for such update through Sepiahost's ticketing system.
    5. You shall be solely responsible for undertaking measures to:
      1. prevent any loss or damage to Your content;
      2. maintain independent archival and backup copies of Your content; and
      3. ensure the security, confidentiality and integrity of Your content transmitted through or stored on Sepiahost servers. Sepiahost shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
  15. Suspension and termination due to Policy Violation
    1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Services. When a breach of this policy has occurred, we may take such action as we deem appropriate, as stated in Section 1.2.
    2. Failure to comply with this acceptable use policy constitutes a material breach of our terms and conditions upon which you are permitted to use the Services, and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use the Services;
      2. immediate, temporary or permanent removal of any Material uploaded to our servers;
      3. issue of a warning to you;
      4. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. further legal action against you; or
      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
  16. Limitation of Liability
    1. We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.
    2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorized users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation.
    3. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.
    4. We do not exclude or limit in any way our liability:
      1. for death or personal injury caused by our negligence;
      2. for fraud or fraudulent misrepresentation; or
      3. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
      4. failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
    5. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise:
      1. loss of income or revenue;
      2. loss of business;
      3. loss of profits or contracts;
      4. loss of anticipated savings;
      5. loss of goodwill;
      6. loss of software or data;
      7. wasted expenditure (such as pay per click advertising costs); or
      8. wasted management or office time.
    6. Where you buy any product or service from a third party seller through following a link on our website to such third party's website, the seller's individual liability will be set out in the seller's terms and conditions. You should consult such terms and conditions.
  17. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
      2. strikes, lock-outs or other industrial action;
      3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      5. impossibility of the use of public or private telecommunications networks; and
      6. the acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  18. Our right to vary these terms and conditions
    1. We have the right to revise and amend these terms and conditions from time to time, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
    2. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.

 

 

Additional Terms Applicable to Shared Hosting

The terms mentioned in this section is applicable to Shared Hosting Services only along with terms mentioned in above section.

  1. Resource Usage
    1. The Hosting Services comprise the provision of web space on our servers to enable you to upload pages and files for the purpose of publishing websites.
    2. The Hosting Services allow you 'limited' server space for normal routine "non-file-distribution" web usage.
    3. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
      1. for more than 5 % of our server's processing capacity. There are numerous activities that could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP or HTTP operations;
      2. to run stand-alone, unattended server-side processes or any daemons; including (but not limited to) IRCD;
      3. to run any type of web spider or indexer; including (but not limited to) GoogleCash and AdSpy;
      4. to run any software that interfaces with an Internet Relay Chat network;
      5. to run any bit torrent application, tracker, or client. You may link to legal torrent files off-site, but may not host or store them on our servers;
      6. to participate in any file-sharing/peer-to-peer activities;
      7. to run any gaming servers; or
      8. to run cron entries or other scheduled tasks other than by configuring them through our control panel. They may be run no more frequently than once every 30 minutes.  They may not take longer than five minutes to complete their task.  Any task violating this section will be terminated, and disabled.
      9. To give away web space under a domain (including Resellers giving away free websites)
      10. To operate a proxy website or service.
      11. As a remote file host for other websites.
    4. Backups are not to be stored on the Shared Servers, whether the backup contains files from other systems, or files from content hosted on the Service.  Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file.  Any backups discovered that are in violation of this section will be removed by an Employee without notice.
    5. Services are not to be used for the sole purpose of load balancing.  Services may not be used to provide storage for data that is not used directly on the Site.  This includes, but is not limited to, utilizing the Services solely for the purpose of hosting images, videos, music, large downloads, SQL databases, or streams.   Any Account violating this section will be suspended and may be terminated at the discretion of an Employee.
    6. Multimedia streaming is not permitted on the Services without first receiving written consent from an Employee.
    7. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
    8. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced.  Violating this section is considered exploitation of server resources and will result in suspension, and possibly termination, of the Account.
    9. You agree not to re-sell or offer for the use of third parties any part of our Hosting Services, unless you have purchased the Hosting Services designated for resellers.
  2. Soft Limits
    1. The limits in this section will be known as soft limits.  These limits are not actively enforced, however, if an Account is found to be unequally sharing Server resources, harming the well-being of a Server, or adversely affecting Server performance, these limits may be imposed on the Account.
    2. Customers who elect to use a shared Service are expected to use the Service in a manner that is fair to other Accounts that are sharing the Service.  Accounts found to be monopolizing the resources of a Service in any way that is detrimental to other Accounts on the Service may be asked to move to a dedicated Service.
      1. Sepiahost has the final say of what Accounts are in violation of this section.
      2. In non-emergency situations, a grace period of three days to discuss options with Sepiahost will be provided to Customers.  In situations where a Service cannot continue to run while an Account is active, the Account may be suspended without a grace period.
    3. Files over 100MB in size are not permitted on the Service.  If files are discovered over the aforementioned size, a warning will be issued to the Customer, and a grace period of three days will be observed.  If the files have not been removed within the grace period, an Employee will remove them without warning.
    4. Any Account determined to be using more than 10% of the total CPU time and/or RAM of a Server will be considered in violation of this section.
    5. Accounts responsible for utilizing more than 10% of the total number of active connections on any Server may be considered to be in violation of this section.
    6. Email that is over 10MB in size may not be stored on the server.  Email that is over size must be downloaded and removed within a reasonable amount of time (approx. 30 days) after having been delivered.  An Employee may remove the email after this reasonable amount of time has passed.
    7. Email stored in the “Sent” folder may not contain attachments of over 1MB.  Any email in violation of this section will be removed without notice.
    8. Connections to our POP and SMTP servers are limited to five active connections per IP at any given time.  You are not permitted to connect to the POP service more frequently than once every five minutes.  Any violation of the aforementioned may be in breach of this section.
    9. Connections to our IMAP server are limited to two active connections per monitored mailbox per user at any given time.  Any violation of the aforementioned may be in breach of this section.
    10. Any email stored in the “Trash” folder is considered to be deleted and may be removed from the server at any time without notice.
    11. “Postmaster” mailboxes shall not be used to store email.  Any email within a “postmaster” mailbox may be removed from the server at any time without notice.
    12. “Catch-all” mailbox is not permitted on our server.
    13. A Customer shall not use the Services solely for email hosting.  Any Account found to be used solely for email hosting will be warned in writing, and granted a 10-day grace period to seek new accommodations.  If the Account is not relocated after the grace period has expired, the Account will be suspended.
    14. Customers are prohibited from sending more than 250 emails in any 60-minute period.  Violation of this section will result in the Account being suspended.
    15. Sepiahost has the explicit right to determine what email may leave or enter our network.  Email may be filtered or deleted without notice as determined by an Employee.  If an Account is found to be sending email that an Employee deems unfit to leave our network, the Account will be suspended.

 

 

Additional Terms Applicable to Dedicated Server Hosting

The terms mentioned in this section is applicable to Dedicated Server Services only along with terms mentioned in above section.

Uptime Guarantee

"Uptime" refers to the amount of time the Services are available, as measured solely and only by Sepiahost's internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by Sepiahost's internal monitoring systems. Sepiahost guarantees that its Networking and Connectivity services will be available 100% of the time. In the event such level of service is not provided, Sepiahost will credit your account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid by You to Sepiahost for the Services, but not payments made for any of the following products and services: domain name registration, software licenses, IP address charges, set up fees, shipping and handling, SSL certificate fees, labor charges, and other services which are unrelated to Uptime.

  • 100% will result in a credit of: 0%
  • 99.1% to 99.9% will result in a credit of: 2.5%
  • 98% to 99% will result in a credit of: 5%
  • 95% to 97.9% will result in a credit of: 10%
  • 90% to 94.9% will result in a credit of: 20%
  • 89% or below will result in a credit of: 40%

To receive a credit, You must make a request by sending an email message to billing@sepiahost.com. Each request in connection with this Agreement must include the dates and times of the Downtime, plus the name and IP address of the server or servers which experienced the Downtime. The request must be received by Sepiahost within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Sepiahost, credit will be applied to Your Sepiahost account within thirty (30) days of receipt of Your credit request.

The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for that month for the affected Services. Credits are exclusive of any applicable taxes charged to You or collected by Sepiahost, and are Your sole and exclusive remedy with respect to any Downtime.

The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Sepiahost to provide credit to You:

  • emergency maintenance
  • scheduled maintenance
  • system upgrades
  • domain name system (DNS) problems outside of Sepiahost's control
  • issues with FTP, POP, IMAP, or SMTP customer access
  • Acts or omissions by You or any of Your employees or agents, resulting in downtime
  • Any negligence, willful misconduct, or use of the services in breach of Sepiahost's Acceptable Use Policy
  • Problems with users' web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the Sepiahost servers.

Hardware Replacement Guarantee

Sepiahost strives to maintain the integrity of the hardware used to provide its services, and any Downtime caused by hardware failure shall be credited pursuant to this Agreement. Sepiahost maintains a stock of all essential hardware necessary to provide the Services. Sepiahost shall replace any and all substantially malfunctioning hardware within 6 hour of Sepiahost becoming aware of such substantial malfunction.

The amount of time for replacement of hardware shall be measured from the moment that Sepiahost determines that the hardware must be replaced, and does not include time spent diagnosing the problem, researching other solutions, investigating the cause of the failure or time spent installing software, restoring backups or other, similar situations.

In the event that Sepiahost fails to meet this hardware replacement guarantee, Sepiahost will issue, to You, account credits in the amount of 3% of the base monthly server rent, for each hour after the first hour of the monthly service fee for the server in question, to a maximum of 25% of the cost of the server itself (excluding any management, upgrades or additional services associated with the server in question.)

To receive a credit, You must make a request by sending an email message to billing@Sepiahost.com. Each request in connection with this Agreement must include the dates and times of the hardware replacement situation, with the name and IP address of the server or servers which experienced delayed replacement. The request must be received by Sepiahost within ten (10) business days after the incident. Upon confirmation by Sepiahost, credit will be applied to Your Sepiahost account within thirty (30) days of receipt of Your credit request.

 

Additional Terms Applicable to Reseller Hosting

The Terms mentioned in this section is applicable to Resellers only along with terms mentioned in above section.

Grant of Right to Resell Services

Provided that You complete the registration process and are accepted by Sepiahost for participation in Sepiahost's Reseller Program, You are granted the limited right as provided in this section to resell the Services. This limited right is conditioned upon Your full compliance with all applicable user agreements, including but not limited to Sepiahost's Terms of Service and Acceptable Use Policy, and is also conditioned upon compliance with all applicable user agreements by your customers to whom You resell Sepiahost's services (Reseller Customers).

The rights granted to You to resell the Services are non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business without Sepiahost's prior written consent.

Price and Payment

Sepiahost will provide the Services to You under the Reseller Program at the prices and rates posted on the Reseller Price Schedule applicable to You, located inside of the Sepiahost control panel and accessible at any time. The rates applicable to You will vary depending on various factors such as

  • Volume of servers/accounts that you currently maintain with Sepiahost
  • Volume of value added services that you currently maintain with Sepiahost
  • Special written offers provided by an Account Executive or other authorized Sepiahost employee.
  • Custom pricing for Servers and Services (Overrides)

Pricing is updated automatically based on the above factors.

Indemnification by Reseller

You agree to indemnify, defend and hold Sepiahost harmless against any and all claims, damages and liability occasioned by any conduct of You or Your Reseller Customers, including any and all claims arising from content uploaded or stored by any Reseller Customer. You agree to indemnify Sepiahost against transactions processed by Sepiahost by or on Your behalf that are fraudulent in nature.

Agreement to Cooperate With Investigations

You agree that You will provide assistance to Sepiahost in connection with any investigation, demand, or notice provided to Sepiahost pertaining to any conduct or content of any Reseller Customer made by any governmental agency or third party. Such assistance shall include but not be limited to investigation and necessary communication in connection with Takedown Notices issued to Sepiahost pursuant to the Digital Millennium Copyright Act. You agree that You will cooperate with Sepiahost in connection with all reasonable requests made by Sepiahost for You to preserve all information and content that may be the subject of any investigation or third party claim.

Management of Reseller Customer Accounts

At all times you must maintain a list and contact information of your clients with Sepiahost for the purpose of cooperation with any investigations that may be executed upon you or your clients' activities, and to maintain your active status as a reseller with Sepiahost.

In the event of a default or breach by You of any provision of this Agreement or the Sepiahost TOS (Terms of Service), or in the event You abandon, for any reason, Your obligation to provide the Services to any of Your Reseller Customers, Sepiahost shall be entitled to do any of the following in connection with Your Reseller Accounts:

  • Directly contact Reseller Customers
  • Bill Your Reseller Customers directly for the Services
  • Collect all amounts due directly from such Reseller Customers
  • Terminate Your Account (including Your status as a participant in the Reseller Program)

In the event of default, breach or abandonment by You as provided in this subsection, You agree to provide to Sepiahost, on Sepiahost's request, all billing and contact information for each of Your Reseller Customers so that Sepiahost may exercise the rights set forth in this subsection.

Your Obligations to Provide Customer Service

Unless You elect otherwise, on a per incident basis, through a technical feature in the Reseller Program, You shall be solely responsible for providing all Customer Service to Your Reseller Customers. In the event You elect to have Sepiahost handle a particular customer service incident, You grant the authority to Sepiahost to handle the particular situation exercising Sepiahost's sole discretion, and agree to hold Sepiahost harmless for any claims made by the Reseller Customer in connection with Sepiahost's handling of the customer service request. Sepiahost reserves the right to charge You a fee for each incident You elect Sepiahost to handle.

Requirements for Agreements With Reseller Customers

In no event will You undertake any obligation to any Reseller Customer which would grant or purport to grant any rights not expressly provided to You under this Agreement

 

Terms Applicable to Affiliates

The Terms mentioned in this section is applicable to Affiliate/Referral Program
Commissions are only paid on transactions that have remained valid and active on Sepiahost networks for at least 30 days. For example, commissions earned during January will mature in February and be processed on March 15th. Thus, depending on when you join and when the transactions take place, your payment may take anywhere from 45 days to 60 days to be processed and submitted for payment.

Current Sepiahost customers are encouraged to participate in the program and refer business to Sepiahost. However, customers will not receive payment for affiliate transactions associated with their own account or payment method. Customers can refer new customers but will not be compensated if they are attempting to receive a commission on transactions done under any account that they are already associated with or using any of their own payment methods.

Special situations: If you are a consultant or an IT employee of a Sepiahost client and wish to receive affiliate commissions, you must contact the affiliate manager for prior approval of your account at info@sepiahost.com

 

 

Disclaimer of Warranties

You acknowledge and agree that Sepiahost exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet.

Neither sepiahost, its employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like, make any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the services or any equipment sepiahost provides.

Neither sepiahost, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warrant that the services will not be interrupted or error free; nor do any of them make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the services. Sepiahost is not liable for the content or loss of any data transferred either to or from you or stored by you or any of your clientele via the services provided by sepiahost.

Indemnification

You agree to indemnify, hold harmless, and defend Sepiahost and all directors, officers, employees, and agents of Sepiahost from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

Sepiahost's Utilization of Third Party Services

Sepiahost reserves the right, and You agree to pay for, services of third party consultants hired by Sepiahost in its discretion to assist Sepiahost in providing the Services to you. Fees for the services of third parties retained by Sepiahost will be charged to You in the invoice covering the period during which the third party services were utilized by Sepiahost.

Intellectual Property

You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of Sepiahost or any third party. You further acknowledge that all rights, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Sepiahost is owned by Sepiahost and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to Sepiahost's intellectual property.

You shall not copy, modify or translate any Sepiahost intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Sepiahost intellectual property in any manner without the prior written consent of Sepiahost.

Sepiahost respects the intellectual property of others, and we ask You to do the same. Sepiahost may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Assignment and Severability

This Agreement shall be binding upon and inure to the benefit of You, Sepiahost and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Sepiahost, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

Additional Incorporated Agreements

Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.

Sepiahost reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with Sepiahost, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.

 

 

DMCA Notice Policy

Sepiahost, respects the intellectual property of others, and we ask our users to do the same. Sepiahost may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sepiahost's Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Sepiahost's Agent for notice of claims of copyright or other intellectual property infringement can be sent via air mail.
While every attempt will be made to process your request within the shortest possible time period, due to workload please allow up to 5 business days for processing.

 

 

Privacy Policy

For each visitor to our Web page, our Web server automatically recognizes only the visitor's domain name, but not the e-mail address (where possible). We collect only the domain name, but not the e-mail address of visitors to our Web page, user-specific information on what pages visitor access or visit, information volunteered by the visitor, such as survey information and/or site registrations. The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor.

With respect to cookies: We use cookies to ensure that visitors are not repeatedly sent the same banner ads.

With respect to contact forms, request for quotation form, and free demo account forms: We will contact you using the information you provide us on our contact forms for the purposes stated on the form. If you sign up for a free demo account, we will contact you for some additional information we need to setup the demo account. This information includes any of the following that may be omitted from a short request form: Your full name, Your street address, Your fax number, Other contact information about You and general survey questions we may have. If you do not wish to provide this information or decide that you do not want the free demo then please let us know and we will not contact you further. If you do accept the demo offer then we may follow up with you in a few days to see what you thought. Our demo offers, such as our website builder demo offer, are valid for a short time and each demo account will expire after 5 business days of being active. Our agents may ask you if you wish to transfer service to Sepiahost during the course of your demo. If at any time you wish for us to delete your demo account and cease contact with you simply request so by contacting us and letting us know via E-mail.

If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at info@sepiahost.com.

If you supply us with your postal address online you will only receive the information for which you provided us your address.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.

Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them. Consumers can access this information by e-mailing us at info@sepiahost.com.

With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses.