These Terms of Service (“TOS”) are a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Aaser Media Corp. (“Aaser Media”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Acceptable Use Policy, our Support Policy, our Billing Policy, our Privacy Policy and our Server Maintenance Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.
2.Customers
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third-party service providers, or the actions of individuals who use your products and services (“End Users”).
3. Services
Aaser Media provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by Aaser Media is included as part of the “Services” we refer to in these TOS and the Policies. All Services are subject to each of our Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services. We may change the specifications or details of the Services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered. We will use commercially reasonable efforts to inform you of changes to the Services.
a. Knowledgebase. Additional information on our Services, including those listed below, can be found in our Knowledgebase, located at www.aasermedia.com. These TOS govern where they are in conflict with anything posted in the Knowledgebase.
b. Services Offer. Aaser Media Corp. offers a number of different products and services that we sell to our customer online, including those listed below. These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.
4. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
5. Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you have no rights to remove these links on your own and may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we attempt to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
6. Copyright and Intellectual Property Right Ownership
Aasermdia.com Site, and all Information therein, contains material owned by either Aaser Media Corp. which is protected under copyright, trademark and other intellectual property laws of Egypt. Aaser Media Corp. as applicable, own the copyright to all Information and works of authorship on the Site. All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of Aaser Media Corp. as applicable. In particular, Aasermedia.com logo is a trademark of Asser Media Corp. and you may not use such names or logos without Aaser Media Corp. prior written consent. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and there to remains with Aasermedia.com as may be applicable. You may not copy any of the Information provided on the Site and must not copy these documents to any website.
7. Terms Specific to Domain Name Services.
We resell domain names. When you apply to register a domain name, we use third party provider and your request is transmitted to the third-party provider. By using our Domain Name Services, you agree to be bound by our domain name registration policies and procedures, so please read them. These policies and procedures are available at: www.aasermedia/terms. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse. It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain. Aaser Media will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN's Transfer Policy requires a 60 days transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.”
8. Terms That Apply to All Hosting Services
Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for Services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion. In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Terms that apply for a particular hosting service.
For all Unmanaged Hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the Unmanaged Hosting Services. Our VPS Hosting accounts are billed by usage and charges will accrue over the billing period based on the resources used. The initial purchase payment is put on your account as a credit that is then applied to your next invoice(s). Since configurations can be changed at any time, your invoice will always show an itemized breakdown of the resources used. Additional details can be found in our Billing Policy. For Shared, VPS, and Core Hosting accounts, backups older than thirty (30) days in a customer account may be removed from the server at our discretion. For Shared Web Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers.
means that your use of our resources may not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) 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: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.
For our cPanel Shared Web Hosting, our complimentary Server Rewind will provide complimentary backups of your data. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally. Email Hosting enables a user to use specific Services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in
your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package. Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery.
9. Access
You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.
10. Enrollment; Account Information
Enrollment. You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to Aaser media Hosting that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person,
which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services. Account Information. You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third-party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.
Account Security
You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Aaser Media Hosting is not liable for any damages, direct or indirect, that result from unauthorized account access or use.
In addition to terms under the Support Policy, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data.
You agree to give Aaser Media Hosting permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.
11. Terms of Agreement: Billing & Payment.
Term. We are not bound to perform Services until we receive payment from you when your checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month.
AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”). For more information on automatic renewal. If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by: Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form. Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email to info@aasermedia.com. Termination. Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.
Termination for Convenience.
Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.
Before cancelling, please contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination.
Aaser Media right of service termination. We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Aaser Media Hosting network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.
Post Termination Access. If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar ($25) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.
12. Testimonials
You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 19 and we will cease using the Endorsement soon after processing your request.
13. Data Backups
You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of Aaser Media Hosting network. Aaser Media Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.
14. Aaser Media Hosting’s Warranty
Aaser Media Hosting warrants that it will perform the Services in accordance with prevailing industry standards
15. Your Representations and Warranties
You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.
16. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO Aaser Media Hosting), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Aaser Media Hosting, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. Aaser Media Hosting does not represent or warrant that the Services are complete or free from defects or errors.
Aaser Media Hosting is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. Aaser Media Hosting is not responsible for any loss of data, for any reason. Aaser Media Hosting is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.
Aaser Media Hosting is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.
AASER MEDIA HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third-party entities to Aaser Media Hosting shall be passed through to you, nor shall you claim to be a third-party beneficiary of those warranties.
17. Limitation of Liability
It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Aaser Media Hosting has no liability, of any sort, for content you or your customers access from the Internet.
18. Indemnification
You agree to indemnify, defend, and hold harmless Aaser Media Hosting and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Aaser Media Hosting personnel or authorize Aaser Media Hosting personnel to conduct; (ii) any violation by you of these TOS or any of Aaser Media Hosting Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
