TERMS OF SERVICE
Uptimux.com is a cloud-based integrated web service with unparalleled performance backed by a dedicated and passionate customer support team. All clients of Uptimux.com are subject to the following terms of service:
1. Indemnification Policy
You agree to use all services and facilities of Uptimux.com at your own undertaking. Uptimux.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Uptimux.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold Uptimux.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Uptimux.com, 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, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Uptimux.com against liabilities arising out of: Any injury to person or property caused by any products sold or otherwise distributed in connection with Uptimux.com’s servers.
Uptimux.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers, any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party, Copyright infringement, any defective products sold to customer from Uptimux.com’s servers.
Uptimux.com shall be the sole judge of what violates this Policy.
We are proud to offer you the most affordable hosting options in Ghana. However, our prices are subject to change without any prior notice whatsoever.
At this time we bill monthly, quarterly, semi-annually, annually, every two years and every three years, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is non-refundable). We receive payment through Mobile Money (MTN-Ghana). We do not accept payment through any Debit/Credit Card system. For web hosting plans we will setup your account without any payment (Free setup).
Clients are encouraged to pay by Mobile Money as it is the easiest way to handle payment at this time. There are no contract periods but for each successive period, your contract will be renewed once we receive notification of renewal payment otherwise the account is disabled after a ‘grace’ period which will not be without notification.
Uptimux generates full backups of accounts every 7 days which are not bigger than 2GB. If the account is bigger than 2GB, Uptimux reserves the right not to generate the backup automatically. However a client may generate backups from his cPanel at any time regardless of the account size. Uptimux stores a single automatically generated backup of each account which is up to 7 days old and up to 3GB in size, older automatically generated backups of accounts are not stored. Uptimux is not liable for any loss of content if the backup has not been generated or doesn’t include all of client’s data, it is the client’s sole responsibility to backup and safeguard the account data.
4. Late Payments
All accounts are billed according to the dates they were first activated on. You will receive an email reminder within 14 days before deactivation. If you will not pay for service renewal before the day your account expires, your account will be suspended. If you do not pay for hosting package renewal within 30 days after suspension, reactivation after 45 days will attract a penalty fee in addition to the renewal fee. If you do not pay for hosting package renewal within 60 days after deactivation, your hosting package account will be terminated and all your website data will be erased from our servers.
5. Acceptable Use Policy
All services provided by Uptimux.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Ghanaian or Internationally accepted standard law is prohibited.
This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Uptimux.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. Uptimux.com reserves the right to determine what is and what isn’t acceptable for our servers.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material.
Shared Web Hosting Use may not include:
- Streaming content (other than that which is incidental to your website’s operation)
- Management of very large photo galleries
- Storage of a large amount of uncompressed or full-size digital images
- Online file (FTP) serving
- Distribution of large audio or video content such as MP3, MP4 or AVI files
- Online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website)
You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers:
- CPanel or other backups stored locally
- Softaculous backups stored locally
- Softaculous backup temp files
- Common CMS backups stored locally
- Common CMS backup temp files
- Common CMS backup logs
- Excessively sized error logs
- Any other large files deemed unnecessary for core website functionality or not containing any valuable data.
6. Undesirable Content
Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
7. CGI Scripts
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
8. Banned Scripts
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
- IRC egg drops
- Proxy servers
- Mail bombers
- Anonymous mailers
- IP spoofers
- Port scanners
- Telnet or SSH Access Scripts
- nph-proxy (and other scripts what operates like proxy)
- UBB (Ultimate Bulletin Board, all versions)
- FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.
9. Background Running Programs
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed, extra charges will be assessed based on resources on system maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers.
11. Commercial Advertising - Email
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a ¢30 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
12. LIMITATION OF LIABILITY
Uptimux.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Uptimux.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, Uptimux.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Uptimux.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to email@example.com. All complaints will be investigated promptly.
Uptimux.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Uptimux.com are resold. Thus, certain equipment, routing, software, and programming used by Uptimux.com are not directly owned or written by Uptimux.com. Moreover, Uptimux.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Uptimux.com sees fit. FURTHERMORE, Uptimux.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.