HostingMENA Website Terms of Service
This agreement is between HostingMENA and the Customer. This agreement consists of 5 sections:
- The General section is applicable to all clients;
- The section with the Domain Administration’s Terms and Conditions. This is applicable only for domain registration clients;
- A template copy of The Domain Name License for all domains that you will agree to upon registering your domain;
- HostingMENA Cancellation Policy for Domain Registration. This is applicable to all Domain registration orders;
- A copy of The Warranty for all Domains
- General Terms of Service.
We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domains you are signing up under. In case of payments through Paypal or credit card, your account will be instantly activated. In the case of domain names, they will be registered in real-time with the registry. For hosting/servers, they will be provisioned on the servers instantly. In all cases, an email notification will be sent out to the registered email. Make sure to check your junk folder and whitelist our emails in case they land there.
No services provided by HostingMENA may be used for unlawful or unacceptable purposes.
Examples of unacceptable material, include but are not limited to: Websites offending the law of United Arab Emirates (directly & indirectly) pirated software, hate sites, racism, hack programs and archives, any type of pornography, trade secrets, copyrighted materials illegal content, drugs, etc. Please refer to the UAE’s cybercrime law articles. Click here.
Please contact us if you are unsure about the content of your site before signing up.
Zero Spam Tolerance Policy
We take a zero-tolerance stance against sending unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account suspended/terminated without notice.
We reserve the right to require changes or disable as necessary any website, account, database, or other components that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee which will be calculated based on the number of spam emails sent. It is the responsibility of the account holder to prevent any account/email to be used for sending spam. This also applies to compromised accounts that were used to send out spam mail. You need to protect your accounts & passwords by using branded anti-malware, anti-virus, and other tools on your computers/smartphones/networks, etc
If an account has been terminated & the client has re-signup to our services the account will be immediately terminated with no fees refunded and/or legal actions taken.
We at HostingMENA are very strict against spam. We will take maximum measures to ensure no spam & protect our servers to avoid IP Blacklisting. We use 3rd party incoming/outgoing email relayers that act as a filter in front of the mail server to automatically stop/block any spam to/from our networks.
Payments & Subscriptions
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify HostingMENA of your desire to cancel any or all services received, those services will be billed on a recurring basis. All services including domain name renewals are set to auto-renew unless you turn off this feature in your client area.HostingMENA provides you 24/7/365 access to your client area/my account that allows you to manage your orders & billing, disable auto-renewals, cancel services, upgrade/downgrade products, and modify package add-ons. This setup is done for your own protection against accidental domain expiry, hosting account termination, etc.
HostingMENA accepts the following payment methods from all countries: Online credit card payment (Visa, Mastercard, AMEX), Apple Pay, Google Pay, Paypal, Bank Transfer (cash deposit/cheque deposit for UAE clients). We also offer additional payment methods such as Bitcoin (and other coins), Ali Pay, etc. Such payments might be considered high risk and will place the account on a manual review which might result in delays in processing your orders.
HostingMENA does not store any credit card information on its servers. We only store a “token” that is linked to your card which in terms is stored in a secure & encrypted vault that is provided by the payment gateway partner.
Renewals & suspensions
You will receive email reminders before the end of the billing cycle as a reminder about an upcoming renewal of your services. Our system sends multiple reminders to your registered email. It is your responsibility to monitor these emails. We also send out SMS notifications related to domain renewals if you have opted for this service. If an invoice is unpaid by reaching the expiry date, it will automatically suspend the service associated with the invoice. In the case of domain names, they will be removed from the DNS and will stop resolving. If the service remains unpaid for another 7 days (hosting/servers) they will be terminated and all data including backups removed and for up to 30 days (for most domains) until they are deleted from the registry & become available for registration to anyone again. It is your sole responsibility to renew, pay, and/or cancel the services purchased from HostingMENA. We provide you a 24/7/365 access to manage your billing/online payments online from any location or device.
Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
We perform data backups of ALL accounts on a frequent basis. However, we are not responsible for damaged backups, missing files, database & file corruptions during the backup/restore process.
We advise all our customers to keep backups & copies of their websites. It is the customer’s duty to ensure data backups of their websites. It is recommended to use the rule of 3 backups (1 local, 1 offsite (cloud, etc), 1 on a portable external drive). HostingMENA provide a backup guarantee only for professional backup services that can be ordered as an add-on (such as snapshot backup, Acronis backup & similar)
Cancellations, Refunds & Money Back Guarantee (MBG)
We reserve the right to cancel the account at any time if it was found to violate any of our terms of services. A client may cancel his/her account anytime, but a refund can be only obtained in the first 30 days of the service subscription. No refund can be obtained for domain name registrations. The MBG is only applicable to products & services with an advertised money-back policy. However, due to the nature of some products/services such as addons, licenses, domain names, and web design, no refunds are applicable unless special approval has been issued by the billing team.
HostingMENA does not offer a credit facility unless pre-arranged by a client towards any of our services. We cannot “hold” or “stretch” time for overdue services as the whole billing process is automated and applies to all clients to offer a fair & transparent service. Our account managers & live chat operators are in no position to accept such requests.
Resource Usage [applicable for hosting clients only]
Users may not initiate the following:
- Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network. Such accounts will be immediately suspended until the customer removes the offending content.
Bandwidth Usage [applicable for hosting clients only]
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Unlimited Web Hosting [applicable for hosting clients only]
As described, we offer unlimited web space and monthly data transfer for our business hosting clients. However, there is a fair use policy in effect. This is due to the fact that there are other clients in the same shared web hosting environment. We strive to offer equal and highest quality services to all our clients at HostingMENA. Therefore the fair use policy involves you as a valued client to make sure that you do not violate the following:
- Use the service in good faith for hosting your personal or small to medium business pages and content.
- It is strictly prohibited to use our services for file hosting/storage/sharing services that consume many resources.
30-Day Money-back Guarantee
A full refund can be obtained on the purchase price of the product or service in question for up to 30 days after the initial purchase. Once this 30 day period has passed no refunds can be obtained. Also, no refunds can be obtained for domain name registrations, addons, licenses & special offer/trial products.
All refunds are given on request, with no questions asked.
A refund can be obtained by contacting our billing department. They will be processed in 5 working days and sent to the original payment method.
Price & Package Changes
We reserve the right to change the prices listed on our site. Additionally, we reserve the right to increase or decrease the amount of resources given to plans at any time. Current clients will not be affected until the next billing cycle. This is necessary as technology evolves all the time and new services/addons and offerings become available which are packaged into new plans and offered on our website.
Communication & Support
As a customer, your email address will be automatically added to our service mailing list. Only service announcements, updated information & greetings will be sent.
Customers agree to use our standard technical support channels for all queries. To request support for any time of issues (technical, billing, urgent) you need to login to your client area and submit a support ticket. This will generate a unique ticket # and a confirmation will be sent to your email. Our support desk operates 24/7/365 with no holidays or weekends and we respond to 8/10 tickets within 30 minutes or faster. Business clients who have opted for advanced support such as a dedicated support contract, support SLA, etc will have a secondary support channel assigned to them and this will be described in the agreement.
HostingMENA does not offer phone support or support via chat (live chat, Whatsapp, telegram, etc) unless this is an extra addon that you have purchased from HostingMENA.
The customer is responsible to check the email address account provided during sign-up for our service emails, invoices, suspensions, and renewals. We are not responsible for undelivered emails or emails trapped in spam boxes. HostingMENA will only accept requests for support, billing & others when sent via the support ticket system or via the registered email address. Any request sent from any other address will be rejected and will not be counted towards our service level agreements.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against us, its agents, its customers, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from HostingMENA solutions & services.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for the services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
Changes to the Terms of Service
We reserve the right to revise these policies at any time without notice. The last update of these terms was xx October 2020. These terms of services are governed by the laws of the United Arab Emirates. HostingMENA is a UAE-registered company.
The Domain Administration Terms and Conditions
The Registrar agrees and covenants to act as an agent for the DA for the sole purpose, but only to the extent necessary, to enable the DA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.
Registration of Domain Names
A Domain Name Application must be in the form prescribed under the DA Policies. The Domain Name must comply with the DA Policies.
The Registrar and the Registrant do not have any proprietary right arising from:
- the Registered Name; or
- the entry of a Domain Name in the Registry Database.
All personal information pertaining to the Registrant is held by the DA for the benefit of the public of the UAE.
The Registrant grants to:
- the DA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the DA Policies which are available on the DA’s website;
- the Registrar, the right to disclose to the DA Registry, all information which is reasonably required by the DA Registry in order to register the Domain Name in the Registry; and
- the DA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the DA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant DA Policies.
Change of Registrar
The Registrar must ensure that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the DA Policies. The DA Policies include but are not limited to, such matters as:
- the maximum fees chargeable by the Registrar;
- when fees are not chargeable by the Registrar;
- the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and
- the circumstances pursuant to which the Registrar does not have to transfer the Sponsorship of the Registered Name the subject of this Agreement.
In the event that:
- the Registrar is no longer a Registrar; or
- the Registrar’s Accreditation is suspended or terminated; or
- the Registry-Registrar Agreement (RRA) is terminated by DA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the DA Policies within 30 Calendar Days of written notice being provided to the Registrant by the DA. In the event that the Registrar-Registry Agreement (RRA) between the DA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.
The Registrar must immediately give written notice to the Registrant if:
- the Registrar is no longer a Registrar; or
- the Registrar’s Accreditation is suspended or terminated; or
- the Registry-Registrar Agreement (RRA) is terminated by the DA.
The DA may post notice of:
- the fact that the Registrar is no longer a Registrar;
- the suspension or termination of a Registrar’s Accreditation; or
- the termination of the Registry-Registrar Agreement (RRA) between the DA and the Registrar on its website and may, if it considers appropriate, give such written notice specifically to the Registrant.
Throughout the Term of the Registrant Agreement, the Registrant must:
- comply with the DA Policies; and
- give notice to the DA Registry, through the Registrar, of any change to any information in the Registrant Data.
The Registrant must not, directly or indirectly, through registration or use of its Domain Name or otherwise:
- Register a Domain Name for the purpose of diverting trade from another business or website;
- deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and
- Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another Registrant from Registering it.
The Registrant must not in any way:
- 6.3.1 transfer or purport to transfer a proprietary right in any Domain Name Registration;
- grant or purport to grant a Registered Domain Name as security; or
- encumber or purport to encumber a Domain Name Registration.
The Registrant will, immediately upon being requested to do so, enter into Domain Name Licence with the DA.
The DA currently has in place a dispute resolution policy called a DRP (the Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the DRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.
The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the DA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name License may be terminated by either the Registrar or the DA.
The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement, or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete, and correct. The Registrant accepts that the DA or the Registrar shall cancel the registration of the Domain Name the subject of this Agreement if any of the warranties are not true.
The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:
- the Registrant is relying upon the same eligibility criteria for both Domain Names; and
- the Domain Name has previously been rejected by the other Registrar.
The Registrant shall not pursue any claim against the DA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the DA is not liable for any direct, indirect, special, punitive, exemplary, or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the DA and the Registrar.
The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the DA, entitling the DA to terminate the Registry-Registrar Agreement (RRA) between the DA and the Registrar, the DA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).
The Registrant agrees that the DA is not responsible for the use of any Domain Name in the Registry Database and that the DA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the DA will not be liable to the Registrant for consequential, indirect, or special losses or damages of any kind (including, without limitation, loss of profit, loss, or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the DA, its employees, agents or subcontractors.
The Domain Name License for all Domains
CERTIFICATE OF REGISTRATION AND DOMAIN NAME LICENCE (the “Agreement”)
This Agreement governs the terms by the TRA (“We”) grant to (“You”) the exclusive right to use the Domain Name(s) (the “Domain Name”) in respect of the Domain Name System for the period indicated in this Agreement, and once signed or executed by both of us, or both of us have otherwise indicated our intention to be bound by it, it will also serve as the Certificate of Registration in Your favor of all Domain Names covered by it. All the terms of the Registrant Agreement, the Warranties, and all DA Policies are incorporated into this Agreement by reference. By Registering this Domain Name You have signified Your acceptance of this Agreement. You have accepted this Agreement either for a) Yourself, in which case You will be the Registrant as that term is used in all DA Policies, and hereby agree to be bound by its provisions; or b) on behalf of another person or entity such as Your employer. In this case, that other person or entity will be the Registrant and agree to be bound by its provisions. If You have accepted this Agreement on behalf of Your employer or another entity that is to be the Registrant, You hereby represent and warrant that You have the full legal authority to bind such other person or entity to the terms of this Agreement and that You are acting as agent for that other person or entity for the purpose of entering into this Agreement on that other person or entities behalf, and it is within Your express authority as agent to do. If You do not have such authority or You do not accept or agree with these terms, do not accept the Agreement.
Definitions and Interpretations
Subject to Section
For the purposes of this Agreement, unless the context otherwise requires or unless otherwise defined in this Agreement, terms used in this Agreement shall have the same meaning as those terms when used in the Registrant Agreement.
The following terms shall have the following meanings unless the context indicates otherwise: “ DA Policies” means the policies, procedures, guidelines, directions, notices, regulations, decisions, directives issued and made publicly available by the DA from time to time and as may be modified or amended from time to time and each one is a “Policy”; Registry-Registrar Agreement the “Domain Name License Period” means from to the; the “Registrant Agreement” means the agreement to be entered into between You and the Registrar with respect to, inter alia the provision of Registrar Services to You; the “Registrar” means; the “Warranties” means the DA Policy entitled the Registrant Warranties Policy; and “You” means both the person who or entity which executes this Agreement and the Registrant, including where the person who, or entity which executes this Agreement, does so as agent for another person or entity.
Except where the context otherwise requires, the following principles will apply in interpreting the terms of this Agreement:
- words importing the masculine, feminine or neuter gender include any of them, and the singular includes the plural and vice versa; b) clause or section headings are for ease of reference only and do not affect the meaning of this Agreement;
- references to notice mean notice in writing;
- the Schedules and any appendices or annexures form part of this Agreement;
- reference to a party includes its executors, administrators, successors, and permitted assigns;
- words and expressions importing natural persons include partnerships, bodies corporate, associations, governments, governmental and local authorities, and agencies; and
- the defined terms “We”, “Ours”, “Us” and “You” include all pronouns and adjectives.
Subject to Section
We hereby grant to You a license to use the Domain Name as Registered in the DA Registry Database for the purposes directly associated with the operation of a website or associated resources and the Domain Name System, but the DA does not hereby grant You any other intellectual property rights in the Domain Name.
It is a condition of this Agreement and the license We grant to You under it, that You fully comply with its terms and those of the Registrant Agreement, the Warranties, and all applicable DA Policies.
Term of Agreement
This Agreement is effective until the Domain Name License Period has expired, or it is terminated by Us in accordance with Section.
We may terminate this Agreement and the license We grant to You under it without notice or liability to You in the event that You breach any term of it, any term of the Registrant Agreement, any Warranty, or any relevant DA Policy.
Exclusion of Liability and indemnity
We shall not be held liable to You, and You expressly waive any liability of Us to You whether arising directly or indirectly in contract, tort, or on any other basis for any matter arising out of the Registrant Agreement, the Warranties, any. DA Policies, the actions or omissions of any Registrar, any Reseller, or any other third party, or Your use of the Domain Name.
We make no representations to You regarding the Domain Name or Your use of it or the rights of any third party in it. You expressly waive any liability that We may incur arising out of Your use of the Domain Name.
You warrant to Us that Your use of the Domain Name will not in any way infringe the rights of any third party and You fully indemnify Us for any liability, loss, or damage We suffer as a result of Your use of the Domain Name.
HostingMENA’s Cancellation Policy for Domain Registration
If a request from a Registrant for Deletion of a Domain Name is made less than or equal to three (3) Calendar Days after the creation of the Domain Name, then the original Grace Period applies and:
- the Domain Name is ‘Cancelled’.
- any Domain Name Server Records for the Domain Name are removed from the DNS Service; and
- The registrant may request a full refund, less AED 50/$13.60 administration fee.
The Warranty for all Domains
By submitting this Application for a Domain Name, you hereby confirm that you are eligible to hold the Domain Name set out in this Application and that all information provided in this Application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the Domain Name License shall be Cancelled and you shall permanently lose the use of the Domain Name.