Terms of Services for RAMKAT Shared Hosting

Terms of services

The terms and conditions below are constituting a legal form of agreement between you (below referred to as “The Customer”) and Ramkat Web Hosting and Domains, (below referred to as “The Company”), legal owner of the domain name and web site www.ramkat.info (below referred to as “The Website”), each referred to herein as a “Party” and, when collectively, as the “Parties”. You agree that you are bound to these terms by your use of The Company Services which includes, but is not limited to visiting the website, using its internal and external links for search of information, ordering any of The Company services, contacting The Company representatives, Support Services and/or any software or service made available to you by The Company.

Account Setup

The Customer’s account will be activated after The Company receive the first payment for it as per the prices responding to the package on The Website. It is The Customer’s sole responsibility to provide The Company with an email address that does not belong in the domain authority of the domain(s) that is being signed up. It is sole responsibility of The Customer to keep the primary email address up to date at any time. Setup and processing fees may apply upon signing up and such are not subject to refund upon cancellation, nevertheless it is requested by The Customer or forced by The Company.

Website transfers

The Company will make best effort to transfer The Customers website to its servers, still, this is provided for The Customer’s convenience only, as a courtesy service and The Company cannot make any guarantees concerning the time, availability or possibility for the account to be transferred to its servers. Every hosting company is organized differently, thus there is a possibility that The Customer’s former hosting company saves data in an incompatible format. In result, some or all of The Customer’s data might be impossible to be transferred.

Each shared hosting package is entitled to a single website or application transfer as a part of the free website transfer promotion. The acceptable size of content that The Customer may require as a part of the courtesy website transfer service provided by The Company is 2Gb. In case several websites or applications are requested to be manually transferred to a single shared hosting account additional fees might be applied upon customer request for extra files or database transfers.

Registration of a free .co.za domain name (ONLY .co.za tld applies)

Upon signing up for a hosting account with The Company, The Customer is eligible for free (.co.za ONLY) domain name registration, if such is included in the package purchased. The free domain name registration is an offer valid up to the 7th day from the account activation and claims for such after this period will not be served by The Company. Upon cancellation, nevertheless it is requested by The Customer or forced by The Company, a registration fee of R99 is being withheld, where the domain name does not belong to the .com or .info domain name authorities. In such case, a fee of R300 will be withheld. In short, no refunds for domains. e.g. R99 for .co.za domains and R300 for other tld.’s

New domain name registration that comes for free must be requested at the time of the initial account setup, during the sign up process, using the provided by The Company options on the sign up page. This domain name must be used as a primary domain for the hosting account it is being granted for and cannot be used for other purposes, unless explicitly arranged with an official representative of The Company.

The Company will provide The Customer with free domain name registration if its choice falls into ONLY .co.za domain name authorities (extensions)

The Company will register the domain name to The Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered for free by The Company. The Customer authorizes The Company to register the domain name on his behalf, using the details submitted during the sign up process.

Discount on selected hosting packages only applies in the 1st year. From the 2nd year onwards, normal (100%) web hosting rates apply according to the the prices set out on The Company's Website. Domains that has expired and been deleted can be registered again but this time 100% of the Hosting Package is payable, meaning in this case the Web Hosting Package WILL NOT qualify for the discount AGAIN as it was the case in the 1st year registration of a new domain that has not been registered with The Company before.

UNLIMITED Web Hosting Services

Packages with unlimited web space are initially configured with 1 GB of available web space. The available web space capacity for unlimited web space will be checked once daily and, in the event the customer’s usage approaches the limits of the available web space, Ramkat will increase the webspace configuration automatically in increments of 500 MB at no further cost to the customer, but no more than once per day. Ramkat reserves the right to move customers to servers which are more suited for that customer’s usage, in Ramkat’s sole discretion, and the customer agrees and understands that during any such move some or all of the Ramkat services may be unavailable or inaccessible. Packages with unlimited mail space are initially configured with 2GB of available mail space per mailbox. In the event that the customer’s usage approaches the limits of the available mail space, Ramkat will increase the mail space configuration in increments of 50 MB at no further cost to the customer, but no more than once per day. To get your mail space increased please contact the Ramkat Technical Support. A MAX LIMIT OF 250 000 I/O NODES WILL BE ALLOWED FOR THESE UNLIMITED PACKAGES. Also do note that email residing older than one year on the server will be deleted from the server.

Registration of a Add-on domain names (related to the UNLIMITED Storage Web Hosting Service)

Upon signing up for a hosting account with The Company, The Customer is eligible for ONE free (.co.za ONLY) domain name registration, if such is included in the package purchased. ONLY ONE domain allowed per ONE Unlimited Hosting Package. The ONE FREE .co.za domain which is included will be renewed annaully at no cost. Other domain extensions will have their domain cost added as an additional fee to the annual service fee of the add-on domain as seen on the website.

The Company will register the domain name to The Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered for free by The Company. The Customer authorizes The Company to register the domain name on his behalf, using the details submitted during the sign up process.

General Domain name registration terms

All domain names that do not meet the conditions for free registration and renewal are subject to the appropriate fees depending on the number of domains ordered, the registration period and the domain extension.

Renewal fees are due for all such domains at the end of the pre-paid period. Registration and renewal fees for such domain names are non-refundable

These services will be automatically renewed by The Company when The Customer’s domain registration is up for renewal, and will incur the applicable additional renewal fee unless the customer requests cancellation with at least 7 days in advance.

The Company will register the domain name to The Customer and will not own or otherwise control it. The Customer will remain the only owner and operator of the domain name registered for free by The Company. The Customer authorizes The Company to register the domain name on his behalf, using the details submitted during the sign up process.

The Customer can change the domain administrative email and manage it through the Client Area. The Customer is allowed transfer the domain name registered by the Company to another domain name registrar at any time by requesting the domain name’s EPP key from The Company by submitting a ticket or via other support channel.

Redemption fees applicable in domain name registrations

Redemption period is a domain registry period of up to 30 days that occurs when a domain name is deleted after having expired due to non renewal. Instead of just getting deleted and returning to the pool of domain names available for registration, The Company’s registry keeps a hold on the domain name in a what is technically called as Redemption Period. During this 30-day period, The Customer is allowed to retrieve the domain name from deletion by contacting The Company. This process costs an additional fee to The Company, which is billed to The Customer.

The appropriate redemption fee should be paid by The Customer if the renewal request of an additional domain name is received in more than 30 days after the expiration of the domain.

The Redemption fee is R1999 and may be subject to change, if The Company meet significant trouble in retrieving the domain name back on behalf of The Customer. Registration, renewal and redemption fees for such domain names are not subject to refund by The Company.

The Customer agrees that The Company will not be responsible for canceled domain names that he has failed to renew in the given period, either automatically or manually in the time frames indicated in this Agreement.

If The Customer does not redeem his domain name prior to the end of the registry’s redemption grace period, The Company will release his domain name and it will become available for registration on a first-come-first-served basis.

Domain transfers to The Company

The Company will provide The Customer with domain name transfer services, where such are needed and the desired extension is supported by The Company’s registration authority. The Customer agrees to thoroughly, accurately and honestly complete all forms and requests for information provided by The Company throughout the process.

The Company will charge The Customer an appropriate fee for the domain transfer, depending on the domain name extension. This fee is not subject to refund.

The Customer agrees that The Company will not be responsible for any false or misleading information he provides, whether intentionally or unintentionally.

The Company notify the customer if the transfer is not successful with the needed steps that he needs to follow in order to finalize the transfer. In case The Company fails to receive response in 7 days period after the notification is sent, a new fee will be billed to The Customer, in order to have the transfer initiated anew. The Company cannot be held responsible if a domain transfer is not successful.

External Domain Names

The Company do allow The Customer to sign up for an account with a domain name registered elsewhere where the Customer has signed up for a Home 300MB, Padstalletjie 1GB or Business 2GB Hosting Package. The Customer acknowledges that by doing so, The Company cannot be held liable for any faults, misfortunes and other issues caused by inoperability of the third party registered the domain name for The Customer.

The Company will provide The Customer with appropriate DNS records, in terms of addresses and zones, which can be used for pointing a domain name registered elsewhere towards the hosting server where The Customer’s account resides.

However, The Company do NOT allow The Customer to sign up for an account with a domain name registered elsewhere where the Customer has signed up for a CEO 5GB, Super CEO 10GB, Mega 20GB, 40GB and OnTheHouse 250MB Hosting Package. All domains must be hosted with the Company should they be added as addon domains to the mentioned Hosting Packages.

Extra services provided by the company

Addon Slot

The Company will provide The Customer with ability to expand the websites hosted under his account by using its extra service Addon Slot.

The Company will provide the addon slot service to The Customer after the initial payment for it is received. The Company will allow the Customer to purchase up to 4 (four) addon slots for each Linux Shared account.

The Company will charge a renewal fee for each addon slot by the time it is due, given the period it is initially purchased for.

Domain ID protect

The Company will provide The Customer with ability to hide his personal details, connected with any domain name registered by or transferred to The Company, by using its extra service Domain ID protect.

The Company will provide the Domain ID protect service to the Customer after the initial payment for it is received. An additional 24 hours propagation period may be needed for the service to take effect and The Customer acknowledges that The Company cannot force this process or speed it up, as it is beyond human control. The Domain ID protect service is non-transferable and is not subject to refund.

Word press SiteBuilder

The Company will provide The Customer with a third party tool, integrated in the cPanel software, which will allow The Customer to build his own website. The Customer acknowledges that this tool is provided as an act of good faith and is not a professional service provided by The Company. The Customer acknowledges that this tool is a third party software and The Company cannot take any responsibility for any misfortunes, faults or issues caused by its functionality, licensing or accessibility.

Dedicated IP

The Company will provide The Customer with the ability to purchase a dedicated IP address for the purpose of web hosting and outgoing email services. The Customer will be required to get hold of a dedicated IP address when emails sent are above 250 emails per hour.

The Customer acknowledges that the allocation of the dedicated IP address may take up to 24 hours after ordering the service. The Company reserves the right to decline dedicated IP address request at its sole discretion, where inappropriate usage of the service, for unlawful acts, is suspected.

The Company will charge the service on an annual basis and requires that an initial yearly fee as per the pricing described in the Client Area.

SSL Certificates

The Company will provide The Customer with the ability to purchase a variety of SSL certificates issued through a third party vendor, hereby referred to as “SSL authority”.

The Company reserves the right to choose at its sole discretion which is the most appropriate SSL authority for The Customer and to issue its SSL certificate through.

The SSL certificates can vary by type of encryption, protection type and price, which will be additionally described before The Customer purchase the SSL certificate from The Company’s Client Area.

The Company will issue a SSL certificate for The Customer upon receiving an order and initial payment, which if not additionally arranged, covers the first year of the service.

The issued SSL certificate will be valid only within the IP address ranges assigned to The Company by ARIN, which is an additional security measure, which The Customer acknowledges and accepts further. The issued SSL certificate will be valid for one domain name only, unless explicitly stated in the product purchase page in The Company’s Client area.

The Customer is responsible to provide The Company with correct information, where requested for issuing the SSL certificate and acknowledges that once an SSL is issued, it cannot be reissued and The Customer will need to purchase a new certificate.

The Customer acknowledges that the process of issuing SSL certificate requires that access to webmaster and/or ssladmin mailbox for the requested domain name is required. If the domain name of The Customer is using The Company’s mail services, the technical support team of The Company will be taking care of arranging this type of access, however, in cases that The Customer is not using the mail services provided by The Company, it is his sole responsibility to provide the technical support team with such an access.

Backup/Storage policy

The Company will act in a good faith to create a backup copy of each Customer’s account couple times of a week, as frequent as the overall storage allows. The Company reserves the right to exclude certain file formats from the backup procedure, in case they are considered inappropriate, including, but not limited to high definition digital media formats, archive formats, cache formats, databases exceeding 500MB in raw size.

The backup copies mentioned herein are intended for the Company internal use only. The Customer understands and agrees that he is solely responsible for making backup copies of web site and content, associated with the account, such as email messages, SQL databases, etc. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website and other content.

The Customer understands and agrees that the Company cannot and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer’s website and other content or having an outdated back up copy of Customer’s website and other content.

The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc.

In these and all other cases the Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with the Customer’s hosting account as well as restoring any missing data and information.

The Company shall not be liable for the time period needed for the Customer to restore the backup information to his hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.

The company reserves the right to exclude The Customer from its backup processes, in case that his files/databases do not meet the ‘Inodes policy’ and ‘MySQL/PostgreSQL/Other database engines policy’ of this document.

Extra services general and refund policies

All extra services, where not explicitly stated are subject of certain charge, for certain period, which is held due to The Customer by The Company. All extra services are not subject to refund, in case that they have been applied to the account and the Customer has taken advantage of them. Even a service is listed or not in this document, The Company reserves its sole right to decide whether this service is or is not refundable, depending on the given circumstances.

Payments and Renewal policy

The Customer understands and agrees that his services with The Company will be billed on a recurring basis, unless The Customer informs The Company that he wants to cancel any or all of the provided services by submitting a Cancellation Request form in the Client Area. Which means if a customer has a hosting package that is paid monthy and paid on the 12th for the first time, then the next invoice needs to be paid on the 11th of the next month. Failure in doing so will result in the CPanel being suspended.

All renewal payments are not eligible for refund and it is sole responsibility of The Customer to make sure that his payment information is kept up to date, as well as all invoices are paid on time.

Cancelation requests for renewal payments must be submitted before 11:59AM EDT on the day before the renewal date. All payments conducted after this moment are considered as non-refundable. If The Customer fails to comply with this requirement, The Company has the sole right to suspend his account until renewal payment is received.

Payments and Renewal policy

The Customer can add funds to his/her account at any time to make payments for services happen more easily and conveniently.

• Added funds CAN NOT be refunded.
• It can also NOT be transferred to any other Ramkat client or 3rd party.
• Once in your account, ALWAYS THERE.
• The only way to use it is to buy products and services from Ramkat.
• Your credit (your funds) will not expire AS LONG AS you have an ACTIVE service with Ramkat.
• Credit can only be added when you show PROOF OF PAYMENT

Service cancellation by the Customer

All services that are provided by The Company can be canceled by The Customer. Only requests submitted through the Client Area are considered as valid and will be reviewed by The Company.

There are two parts of cancellation: initiating a cancellation request and then confirmation of the cancellation request. The Company receives the cancellation request only after it has been confirmed by the Customer.

The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.

Right after the cancellation becomes effective, the Customer’s account will be suspended immediately. The Customer acknowledges that the Company is keeping a copy of the cancelled account for no more than 7 (seven) calendar days after the cancellation becomes effective. 7 (seven) days after the cancellation becomes effective any information or data in the account will be deleted, it includes: the cancelled account, all of its backup copies and any other information or data related with the account.

After the cancellation becomes effective the Company cannot be held in charge for loss of data due to suspension or termination.

The Company will refund the customer if the cancellation request meets the following terms:

* The Customer’s cancellation request has become effective in less than 30 (thirty) days after the date of the first payment for the account.

The cancellations of a hosting account or extra service, where explicitly agreed, that become effective in more than 30 (thirty) days after the first payment are not eligible for refund.

* The money paid by the Customer for the hosting account(s) will be refunded excluding the setup and processing fee paid during the sign up process. Setup and processing fees paid upon signing up are not subject to refund.

* If a domain name is registered by the Customer during the initial hosting account order process, then the appropriate domain name registration fee will be withheld. In case of a refund, the domain name registration fee is always withheld, even if this fee was waived at the time of purchase.

Service Cancellation by The Company

Any of the services that the Company offers may be canceled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer’s use of the service violates the Terms of Use. The Company cannot be held in charge for loss of data if such a cancellation has been done.

The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, loyalty, regulatory or other reason, by giving or without giving the Customer as much prior notice as reasonably practicable.

The services used by the Customer may be canceled for any or no reason by the Company with a preceding 7 days notice. After the 7 day period the Customer’s Account will be ended and the Customer will be provided with access to an archived backup copy of the Customer’s account content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7-day period for accessing the archived back up copy, all backup copies and any other information or data related with the account will be deleted from the Company’s servers.

If the reason for service cancellation by the Company is different from violation of Terms of Use by the Customer, a prorated refund will be issued by the Company for all the months that the account is prepaid and will not be used by the Customer. The calculation of the amount of the refund will be made by multiplying the number of the unused months by the prepaid monthly price as it is for the Customer’s billing cycle. The Company will offer several options for receiving the refund; still it is only the Customer’s responsibility to provide the information needed for receiving the refund.

The Customer acknowledges that if the reason for service cancellation by the Company is violation of Terms of Use by the Customer, a refund will not be issued by the Company.

Forced service cancellation by the Company
Any of the services that the Company offers may be force-cancelled by the Company, in case that they are no longer found feasible or harm directly the Company’s best interest.

In case of forced service cancellation, the Customer is acknowledging that all hosted content, including copyrighted and intellectual one is turned into a property of the Company, which on its side uses it to cover further or previous expenses related to the services provided thereby, either by creating an auction or give-away.

Actions, which harm directly the Company’s best interest include, but are not limited to: chargebacks, fraudulent activities on behalf of the Company, false prophecy against the Company’s services, representatives, other Customers or associates.

Uptime Guarantee

For annual downtime of more than 0.1% on the server(s), where The Customer’s website is hosted, The Customer will receive compensation if all the conditions below are met:

* The Customer has used the Company hosting service for at least 12
months.

* The server (s), where The Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.

* The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.

* The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended. The Customer will be compensated with a credit equal to the fee he has paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime.

Price Change

The Customer should pay the applicable amount at the time of registration/renewal date. The Company has the right to change the prices periodically and The Customer will be charged on the new applicable taxes for the next billing cycle. Exceptions apply in case that a Customer or group of such have written arrangement with The Company’s Billing Department.

AUP (Acceptable Use Policy)

All services provided by The Company may be used for lawful purposes only. All laws of the Republic of South Africa applies.

The Customer must hold harmless and risk-free The Company from any claims resulting from the use of The Company services. The Customer acknowledges that The Company prohibits the use of its services for distributing, storing or transmitting any copyrighted materials which includes, but are not limited to copyrighted music files, photographs, books or any other materials protected by the power of the law.

The offer of or possessing of such information or materials, or the offer to sale of any fake merchandise of a trademark holder will immediately result in the termination of that account. Accounts, founded to be in violation of others copyright will be instantly removed, or any access to it will be immediately stopped. If the account is found again to be in the violation of copyright or trademark laws it will result in the immediate suspension and/or termination of the account.

Technical Acceptable Use Policy

The Customer understands and agrees that all applications, scripts, software, as well as actions caused by them, hosted on his shared hosting account with The Company should comply with the following resource and acceptable use policy requirements:

The Customer hereby agrees that the usage of the applications, scripts, software products listed below is considered as strictly prohibited:

* Any kind of daemon processes, such as, but not limited to: IRCD, BNC, proxy.

* Any type of web crawler software, nevertheless standalone or modular.

* Any type of software that interfaces with IRC or another type of relay chat networks.

* Any type of torrent applications, trackers, or clients. Your websites may contain links to legal torrent websites, but you may not host or store such on your account.

The Customer agrees that crontab jobs are required to be set for interval larger than 30 minutes and The Company reserves the right to modify their timing in case of need or overuse.

The Customer agrees that his usage of the services purchased by The Company may not participate in any legal or illegal file sharing, storage or peer to peer activities.

The Customer acknowledges that his website can not contain adult, explicit, inappropriate materials or link to such resources, unless explicitly arranged with The Company. The Company reserves the right to determine which content is appropriate and violations may result to account suspension or account termination without further notice.

Servers configuration policy

The Company has configured its servers based on its best knowledge for optimal server performance and stability. The Company can make changes at the server configuration at any time without prior warning to the Customer if it is in its best interest. This is done for achieving better server performance and stability.

The Customer agrees that he/she will not be able to perform any activity from his/her account, that will be in contradiction with the server configuration, as such activities are endangering the quality of service and the overall server performance. The Company reserves the right to perform application version changes and updates at any time without prior warning to the Customer. This is done in good faith for achieving better server performance and lowering the resource usage by the Customer’s website.

The Company shall not be liable if any part of the Customer’s account or website is not compatible with any system update and for any loss or damage arising therein. The Company reserves the right to be set off of any kind of liability, in case that the provided server configuration is not matching any particular application’s requirements or module/component’s requirements. The Company should not be held liable for any opportunity loss, intellectual damage or loss of profit arising therein.

Limitation of liability

The Customer agrees that, to the maximum extent permitted by applicable law (if any), he will not, under any circumstances including, but not limited to — negligence, hold The Company or it licensees, agents, employees, executives and/or third party vendors liable for any indirect, incidental, special, consequential or punitive damage whatsoever including, but not limited to — damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party.

In no event The Company will be liable to The Customer in the aggregate with respect to any and all breaches, defaults or claims of liability under this document or under any document greater than the exact monthly fee paid by you to us preceding a claim giving rise to such liability. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damage. The Customer agrees that in those jurisdictions, the liability of The Company will be limited to an amount not greater than the exact monthly fee paid as per the hosting plan used.

Email policy

The Customer understands and agrees that:

* The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 250MB. If a usage of the IMAP protocol with a larger mailbox occurs, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension by The Company without prior notice.

* No more than 10 simultaneous IMAP connections to the hosting servers are allowed. Exceeding this quota may result in flagged service for review and/or suspension by The Company without prior notice.

* The total amount of email messages, send either by applications, scripts, webmail or email clients, should not be over 400 emails per hour. If an account is detected to send more than the stated above amount, it can be considered as endangering the overall server performance and stability and flagged for review and/or suspension by The Company without prior notice.

The total amount of email messages that can be received from all email accounts on the Customer’s hosting account per minute, should not exceed the amount of 80 messages per minute. If an account is detected to receive more than 80 messages per minute, it might be temporarily suspended or its MX records might be redirected, in order to preserve the server normal operations and stability. Furthermore, the total amount of recipient of single email message should not exceed 15.

The Company cannot be held in responsibility for any loss suffered or occurred damages including but not limited to: email delivery failures, email loss, emails being flagged as spam, etc; during or resulting from server or email service downtime, irrespective of the cause, time and duration of the mentioned downtime.

The Customer acknowledges that The Company cannot guarantee that any particular email message will be delivered to or from a particular mailbox due to the nature of the email service and to the fact that the Internet is not owned nor controlled by any legal entity. Using the email service provided by The Company is done on an ”as is, as available” basis and is used at Customer’s own risk.

‘Zero tolerance’ to SPAM policy

Subject of this part of the document is e-mail spam, also known as unsolicited bulk email (UBE), junk mail, or unsolicited commercial email (UCE), is the practice of sending unwanted e-mail messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients and any other forms of it.

The Customer acknowledges that any spam complaint reported against email sent through his account will lead to its suspension and will require further communication with The Company’s technical support team to review and resolve, nevertheless the type/tier of service used.

The Customer acknowledges that The Company is taking a zero tolerance stance against sending of unsolicited e-mail and other forms of spam. As spam/unsolicited email is considered any email sent via any server administrated by The Company that does not comply to the CAN-SPAM Act of 2003.
Inodes policy
The Customer understands and agrees that an account cannot use more than 50 000 per account. Accounts that exceed the inode limits are likely to be suspended as these accounts might cause file system damage and will be flagged for review and/or suspension. Every single file or folder on The Customer’s account is counted as 1 inode unit.

Zero tolerance for Phising Activities

Phishing is the fraudulent attempt to obtain sensitive information such as usernames, passwords and credit card details by disguising oneself as a trustworthy entity in an electronic communication.Typically carried out by email spoofing or instant messaging, it often directs users to enter personal information at a fake website which matches the look and feel of the legitimate site.

Phishing is an example of social engineering techniques being used to deceive users. Users are often lured by communications purporting to be from trusted parties such as social web sites, auction sites, banks, online payment processors or IT administrators.

Attempts to deal with phishing incidents include legislation, user training, public awareness, and technical security measures (the latter being due to phishing attacks frequently exploiting weaknesses in current web security).

Making your own website and/or your clients website guilty of any phising activities, will result in termination of Cpanel accounts without any question, discussion or prior consultation/email communication. Any information of email/data/or website data lost because of the act of suspension/termination will be totally on you and Ramkat will not be kept liable for any of this evil illegal activities.

‘Zero tolerance’ to SCAMS policy

Subject of this part of the document is scam schemes. Any sites that sell paper or animals as scam bait, ask for refunds or request any voucher or gift cards as refund or compensation will be terminated as soon as there is complaints or FICA documents can not be provided.

Disk space and Traffic Usage

The Customer understands that the terms “unlimited” and “unmetered” are defined by experience gained by The Company with similarly situated customers or measured by the industrials standards and the average resource usage of a shared hosting account located on the same server.

This means that The Customer’s use of our resources may not exceed that of similarly situated customers in a way to affect global performance of the hosting environment of cause any service-related issues, regular backups delay or high I/O wait.

The Customer acknowledges that the services purchased by The Company are for web hosting purposes and not storage ones. Storage of a large amount of uncompressed or full-size digital images, online backups both of your local computer or hosting account Online file (FTP) serving Distribution of content such as MP3 files or other multimedia content is strictly prohibited by The Company and will result in The Customer’s account being suspended and/or flagged for review by The Company without any prior notice.

MySQL/PostgreSQL/Other database engines policy

The Customer understands and agrees that the usage of MySQL and PostgreSQL database server resources must be kept in a way that does not endanger the quality of the overall server performance.

The Company has the right to decide on its sole discretion which queries executed towards any database are considered as slow. Slow queries are being considered as a burden, which endangers the overall server performance. Failure to comply with this might lead to warning, suspension or possible account termination.

Fair usage of MySQL/PostgreSQL resources

The Customer agrees not to use more than 10 percent of the system resources in any second, spent in MySQL queries towards databases under the account in question.

The maximum allowed size of MySQL/PostgreSQL allowed on a shared hosting server is 499Mb, while the recommended, in best interest of either parties (the Customer and the Company) is 299Mb.

Databases with size over the recommended are considered as critical sized, therefore endangering the server performance. Databases above critical sized measure mentioned herein are subject of temporary or permanent suspension, termination or rotation without prior notice or request by the Company.

The Customer is solely responsible to manage database(s) and scripts interacting with them so that they are in compliance with this part of the Terms of Use document.

Script executions/Average execution time

The Customer understands and agrees that the account owned by him is allowed to execute up to 15,000 scripts or programs for any given calendar day. The Customer is allowed to execute up to 900 programs or scripts per any given hour of the day. Script Executions is the number of programs or scripts, executed for a certain period of time and detailed statistics can be provided upon The Customer requesting this via The Company’s Client area by contacting the technical support team.

The account owned by The Customer is allowed to use up to 24,000 CPU seconds for any given calendar day. The account owned by The Customer is allowed to use up to 2,000 CPU seconds for any given hour of the day. CPU time is considered the amount of time (measured in seconds) that an application is using while processing CPU instructions.

The account owned by The Customer is allowed to execute each script for average of up to 5 seconds for any given day. The average time is calculated on daily basis, where the total number of CPU time for that day is divided by the total number of scripts executions occurrences for the same day.

The Company reserves the sole right to require changes or disable as necessary any web site, hosting account, email account, database, or other component that does not comply with these established policies, or to make any such modifications in an emergency at its sole discretion and without prior notice.

Providing Technical Support Policy

The Company will provide unlimited webhosting related support, as well as non-webhosting related one to The Customer.

The Customer can request technical support only by opening a ticket trough the ticketing system located in the Client area. The Company will have no liability to provide technical support if it is requested in any other way, different from the ticketing system.

The Customer acknowledges that by asking our technical representatives for technical assistance, he/she authorizes their intervention and operation in the Customer’s hosting account, cPanel and/or Client Area.

The Customer must provide the Company with all information and access to resources that the Company may reasonably require to provide the requested Technical Support. The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer’s failure to provide any of such information.

The Company will do its best to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by every particular request. The Company, however, has no obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result.

The Company provides technical support in best interest of the Customer and does not guarantee the successful outcome or result of any operation requested. The Customer agrees to accept technical support upon sole own discretion and responsibility.

The Customer should not abuse the ticketing system. Abuse of the ticketing system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, etc. Any abuse of the ticketing system may result in warning, ticketing system access restrictions, hosting account suspension or possible hosting account termination with no refund.

The Company has the sole right to decide what constitutes abuse of the ticketing system and apply an additional fee, depending on requests frequency. No additional fee will be formed in this document. Additional fees are formed “on demand” principle by The Company representatives. If an additional fee for certain service is requested, no service will be provided by The Company prior invoiced fee is paid. Any additional fees paid by the Customer for technical support are non-refundable.

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