We are HOST SAILOR LIMITED, “HostSailor”, [“us, “we”], a company limited and registered within the United Arab Emirates [Reg. No: IBC/03/14/8150] and having a registered address at Suite No 1605, Churchill Executive Tower, Burj Khalifa Area, Dubai P.O. Box 98362, United Arab Emirates. Our hosting services emanate from the Netherlands. If you have any queries, comments, or complaints, please get in touch at [email protected]
We are the data controller for the statutory purposes in data processing (which implements the European General Data Protection Regulation (Regulation (EU) 2016/679) [‘the GDPR’]). You may request what information we hold about you pursuant to data protection if contracting a European Entity.
Access to this website and or our services is conditional that:
i. You accept all terms herein unequivocally.
ii. By engaging with us for a service you are confirming to us that you have reached the age of 18 years.
iii. You accept access may be withdrawn at any time without reason.
iv. You acknowledge that by using this website and or our services, you accept that we can show you adverts from our affiliates.
v. You accept that we are not responsible for the security of data provided or transmitted to our website.
vi. You accept access to our website may be restricted and or be unavailable.
vii. You acknowledge and accept our website may contain links to other websites. and we have no control regarding the contents and or access to these sites.
viii. You accept that we are not responsible for any content published by any other User or property owner (unless notified thereof).
ix. You acknowledge we may need to update these Terms from time to time to accurately reflect our services and obligations. We will notify Users 30 days before we make changes to our Terms. It is Users responsibility to stay up to date on Terms.
x. You accept these Terms do not confer any third-party beneficiary rights.
xi. You agree to cooperate with any reasonable investigation of any suspected violation of our Acceptable Use Policy and or these Terms of Service.
xii. Users may not transfer any Agreement without our prior written consent.
xiii. You agree not to engage in mining cryptocurrency and or any resource-intensive activity that causes, inter alia, poor performance, hardware issues, or abnormal power usage .
2. We offer services through our website. You hereby acknowledge and accept that by accessing same that any ancillary terms to that purchase bind you to the terms and conditions already set out herein. You acknowledge and agree that when sign up for our service(s), it may be processed by third party providers. We are not responsible for any handling fee charged by said Third Party provider(s). You agree to hold us harmless for any loss incurred through any third-party processed transactions and or information sharing.
3. We reserve the right to carry out a standard pre-authorisation check on your payment method to ensure there are sufficient funds to fulfil the transaction. The payment method will be debited once the order has been accepted by us. Prices are in USD (confirm); and any conversion to foreign exchange rates are guide prices only. Your account provider will set the actual FX rate.
4. Initial agreement shall begin on the date we activate a User’s account. The User will be charged on a rolling monthly basis, thereafter. Fees are paid on the first date of the new billing cycle. Invoices will be generated five (5) days before the due date, with a reminder being sent three (3) days before the due date.
5. We will send a User an overdue reminder one (1) day after the due date, with a second overdue reminder being sent two (2) days after the due date. We will send a final and third overdue reminder three (3) days after the due date, after which services may be terminated without further notice. Reactivation of an account, or a late payment, may incur a penalty fee of [10%].
6. By making a purchase you give us full permissions to process the transaction through your chosen payment method. If for whatever reason your payment fails and or is reversed, the procedure in Term 5, above, will apply.
7. Users may choose to renew their account automatically by selecting the option when placing their first order. Also, Users can also opt to manually pay their fees. If a User has a credit balance on their account, we will automatically apply the credit toward further fees.
8. If using a credit card, we may require photographic ID to establish your identity. This is part of our safeguarding policy and designed to protect our Users .
9. We reserve the right to increase service fees. Users can accept the fee increase by renewing their account or doing nothing and letting it auto renew. We will provide (3) days notification of any fee increases.
10. Users acknowledge that the amount of any fee for any service(s) is based upon the User’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable.
11. We offer a 14-day money-back guarantee. Any refund claim must be made within the first 14 days starting from the Service Commencement Date. This policy does not cover costs for any add-on packages, domain name registration, SSL certificates, and promo/discount offers, etc., and it is only applicable to new customers. We reserve the right to refuse a refund request if we have any reason to believe our Terms of Service have been violated, abused , or misused in any way. We will not refund any payment made with encrypted currency (namely BTC) to the sender through the same payment method but to the PayPal account of the verified User or as client account credits.
Note, it will take up to 10 business days to process a refund request.
12. We reserve the right to suspend access to any User and or terminate any agreement without refund where a User infringes our intellectual property rights; attempts to bypass our security measures; engages in threatening, abusive, or insulting behaviour; provides fraudulent information; repeatedly violates these Terms; or there is a default of payment.
13. In the event we terminate this Agreement for the User’s breach of Terms, or the Customer terminates their service(s) other than in accordance with Termination policy, the unpaid fees for each billing cycle remaining within the Initial Term or the current Renewal Term, as applicable, are due on the first business day following termination of the Agreement.
14. We may suspend services to User without notice where, but not limited to:
– We reasonably believe that our service(s) are being used in violation of the Acceptable Use Policy herein
– A User fails to cooperate with any reasonable investigation of any violation of the Acceptable Use Policy
– We reasonably believe that any service suspension is necessary to protect the network and or other Users
– Our staff reports any abusive, vulgar, or irreverent language from User during the online consulting session in any of the supported languages
– A User is overdue on the payment of any amount due under the Agreement
– A User does not provide accurate contact information and or fails to provide identification (ID) when requested
– A User becomes insolvent/bankrupt.
Reinstatement may incur a fee.
15. A User may terminate any service(s) where we fail or neglect to remedy an issue within our control within 10 working days, unless we require additional time when objectively reasonable to facilitate remedial action.
16. You acknowledge and accept that all intellectual property rights (‘IPR’) vested in the content of our website, including but not limited to our logos, brand names, software, text, images, and overall look belong to us and or our affiliate partners. Nothing herein extends any form of IPR, licence, or permission to copy, publish, manipulate, reproduce, distribute, or otherwise use in any format, our own content without our express written permission. Property owners/Customer/Users retain their own IPR; however, give us a transferable, non-exclusive, non- royalty global licence to modify, use, host, distribute, copy, run, display, translate, or create a derivative work of their content.
17. All information submitted to us via this site shall be deemed and remain the property of HostSailor who shall be free to use, for any purpose, any know-how, ideas, or techniques contained in information a User provides to us. We shall not be subject to any obligations of confidentiality or privacy regarding submitted information except as specifically agreed or required by law.
18. Any material in on our website exists without any guarantee or warranty that it is accurate. We shall not be liable for any reliance, implied conditions, warranties, or terms and or be liable for any damages for direct, indirect, consequential, special, or incidental damages or loss arising out of or related to the use of this website and or our services, or the inability to use this website and or our services, irrespective of foreseeability.
19. You hereby waive any claim arising out of your use of our website and or any associated service(s). You agree to hold us harmless for any damage or loss caused by any viruses or other technologically harmful material that may infiltrate your computer programs, data, computer equipment, or other proprietary material due to your use of this platform or by your downloading of any material herein or on any externally linked website.
20. We aim to keep our website and services error-free, safe, and secure; however, we cannot guarantee this where an incidence falls outside the realm of our reasonable foreseeability. We disclaim liability for information provided to us and passed on to Users.
21. Without prejudice to the foregoing, by accessing our service(s) you hereby accept that we disclaim any liability for a loss of functionality of any of our services. By accessing our service(s) you hereby accept that we disclaim the fraudulent use by any third parties of services that may incur loss on any User.
22. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of us and any of our employees, agents, or affiliates, shall not to exceed the amount payable by the User for three months of service .
23. You acknowledge and agree that we will not monitor your output and should you be liable for any violation, you accept full liability thereof .
24. User agrees to maintain a copy of all content hosted by us notwithstanding any allowances made by us to provide back-up services.
25. No failure or delay by us in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege.
26. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. Any amendment to or waiver of these Terms must be made in writing and signed by us.
27. We shall not be in default of any obligation within the Agreement if the failure to perform the obligation is due to any event beyond our control, including, without limitation to, any failure of a portion of the power grid, failure of the Internet, any natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events for which precautions are not generally taken in the industry and not reasonably foreseeable.
28. In accessing this website and obtaining the services, facilities, and or products offered, you agree that the law of the United Arab Emirates shall govern such access and the provision of such services, facilities, and or products and you agree to submit to the exclusive jurisdiction of the courts of the United Arab Emirates.
29. We may report to the appropriate authorities any conduct by a User or any of the User’s customers or end users that we believe violates applicable law and provide any information in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action.
30. You agree that you will not:
i. Commit a criminal offence through using this website and or any service offered by us or our property affiliates.
ii. Not engage in any behaviour that is objectively racist, insulting, or otherwise offensive for any reason whatsoever,
iii. Hack or attempt to hack into our server and or service(s).
iv. Send us any unsolicited material, except genuine queries or replies.
v. If an account holder, will not share your password with anyone else and or transfer your account to anyone.
vi. Violate any Intellectual Property Rights of any third party.
vii. Transmit a virus or any other malicious material(s), and
viii. Attempt to affect the performance or functionality of our website.
ix. Engage in mining cryptocurrency or any other activities that are resource-intensive.
31. By using our services, you agree that you will not publish and or otherwise transmit any content through our platform(s) that contains the following substance:
a) Child pornography and or any pornography whatsoever
b) Any act of violence (including threats and harassment)
c) Hate speech or any words that insult and or incite hatred
d) Unfair or deceptive practices as per consumer protection law
e) Defamatory material (libel or slander)
f) Anything that may violate a person’s privacy
g) Anything that may pose a risk to a person’s safety or health
h) Exposes trade secrets and or infringes intellectual property
i) Promotes any illegal activity
j) Is malicious and or fraudulent
32. Users agree to the following obligations as part of our Acceptable Use Policy:
i. User must take reasonable security precautions.
ii. User must protect the confidentiality of any password(s) and agree they will change passwords every 90 days.
iii. Not in any way abuse the assignment of Server IPv6 addresses and or in anyway prejudice our IPv6 services.
iv. Users may not send any unsolicited email to any person(s) who have indicated that they do not wish to receive same.
v. Users will have current information on file with their domain name registrar for any domain hosted on our network.
33. Users agree not to engage in illegal, abusive, or irresponsible behaviour, including but not limited to:
a) Unauthorised access to or use of data, including any attempt to breach security or authentication measures without express authorization from the owner of the system or network.
b) Monitoring data or traffic without express authorisation from owner of the system or network .
c) Interfering with any service to any user.
d) Using an Internet account of any system without the owner’s authorisation.
e) Forging any TCP-IP packet header.
f) Engaging in conduct that is likely to result in retaliation to our network.
g) Using our network in a way that unreasonably interferes with other users’ use of the network.
h) Failing to comply with the rules of any bulletin board, chat group, or other forum in which the User participates.
34. Users must abide by Bulk Email rules wherein:
They will obtain advance approval from us for any bulk commercial email.
Approval will only be given based on the following parameters:
• Your intended recipients will have given their permission via an opt-in procedure
• Your procedures for soliciting consent are objectively reasonable
• You have evidence of the recipient’s consent and can produce same
• The body of the email must describe how the email address was obtained
• You have procedures in place that make it possible for recipients to opt-out of the email or otherwise revoke their consent
• You have means to track complaints
• You must not obscure the source of your email in any manner
• You otherwise comply with CAN SPAM Act and other applicable laws
Users may not use any third-party email service that is in violation of these procedures.
We reserve the right to test your compliance with these requirements at any time.
We block email ports on our VPS services such as port 25 to protect the users from spam.
You must use spam filter device to send email by overriding the blocker. You may visit ‘Our Knowledgebase’ to know how to use our spam filter device.
In addition, our technical support is available to you while setting the email spam filter device for the smooth email transmission.
We do have some restrictions set for the outgoing emails as described below:
• Maximum Recipients Per Sender / 30 Minutes (Outbound Only): 200
• Maximum Connections Per IP Address / 30 Minutes: 50