Web Hosting Terms of Service

Financial Arrangements

  1. Violations of Azure’s Terms of Service or Anti-Spam Policy may, at Azure’s discretion, result in immediate and permanent disablement without refund.
  2. Disputed credit card charges ("chargebacks") associated with any Azure account may, at Azure’s discretion, result in immediate and permanent disablement.
  3. Invoices. Invoices will be sent thru email using the contact information provided. Fees and all other charges shall be payable on or with such period of time as stated in the invoice. Cash or check payments shall be remitted to the bank as listed in the invoice. Credit card payments will be billed thru Paypal.
  4. Non-payment. In the event that payment has not been made within the grace period, we will impose a late fee as stated in the billing statement. If, after 30 days payment has not been settled, we reserve the right to discontinue our services.

Taxes

  1. Azure shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Azure’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold. Prices quoted are inclusive of 12% Philippine Value Added Tax.

Domain Registrations

  1. Free domain included in web hosting packages will remain free as long as it is hosted with Azure. If the client decides to transfer the domain’s DNS or to a different registrar, the client will settle the domain fee equivalent to the domain tenure with Azure. This should cover the domain registration expenses we provided for free. Otherwise the domain will remain to the client’s name as long as the client uses the company’s hosting service and pay the hosting service annually.

Hosted Data

  1. If web site is not developed and/or maintained by Azure, Customer will provide Azure with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Azure. Azure shall make no effort to validate this information for content, correctness or usability.
  2. The customer agrees to make use of Azure servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Azure servers are not intended as a data backup or archiving service. Azure reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $5 per additional 10GB.
  3. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run, etc.) are not encouraged. Any application that listens for inbound network connections (even if the application would otherwise be allowed) are not permitted. BitTorrent clients, proxy servers/scripts, IRC bots and bouncers (BNC) specifically may not be run on any Azure server. If your processes are adversely affecting server performance disproportionately Azure reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
  4. Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called "Scraper sites." These can all have a severely detrimental effect on server performance and are not permitted.
  5. Azure makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Azure also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Azure is at the Customer’s own risk, and Azure specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth.
  6. Azure specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Azure may, at its option and at any time, reject this material, including but not limited to after it has been put on Azure’s Server. Azure agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Azure. If the Customer fails to modify the material, as directed by Azure, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

Email

  1. Azure Solution Company shall not be liable when subscribers receive harassment in all forums thru the Internet, such as unsolicited/bulk mail, including “Junk Mail” or other advertising materials to individuals who did not specifically request such material or so called “e-mail Spam” Malicious emails, chain letters, fraud bank, or pyramid schemes whether the recipient requested it or not and other events arising from the said materials are not the responsibility of Azure.

Customer Responsibilities

  1. Contact Information. It is the customers responsibility to keep their contact information up to date. And use a contact email address that is not associated on their domain name that is hosted with us, or email accounts hosted on their web server. It is always suggested that clients have emergency accounts with a yahoo or hotmail system. This will also ensure that when you submit a support ticket that you will be able to get a reply.
  2. Backups. The customer is responsible for maintaining a backup copy of customer’s files elsewhere to ensure recovery in the event of loss or damage to customer’s files. At customer request Azure Solutions Company may make periodic backups of all files, but makes no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Should the file loss be due to some error on the part of Azure Solutions Company, Azure Solutions Company will attempt to recover the files from their most recent archives at no cost to the customer. Should the file loss be due to some action of the customer, or due to vandalism brought on by the customer’s negligence of securing their account, Azure Solutions Company will attempt to recover the files from their most recent archives. Although we do create excellent backups of your data, please do not completely rely on us. There are unlikely situations where we could not be able to reproduce a backup after multiple system failures. IT DOES NOT MAKE SENSE TO STORE ALL OF YOUR DATA ON OUR SERVERS. Please store a copy of your critical data on a computer you are local to.

Hardware, Equipment & Software

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Azure.
  2. Azure makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Azure service.

Security

  1. The customer will be solely responsible for the web mail access and email accounts issued by Azures Solutions Company. The customer should take all measures as may be necessary to protect the secrecy of the USER ID and/or password and shall not reveal the same to any person(s).

Termination

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Azure will accept termination by electronic mail. Notwithstanding the above, Azure may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Azure reserves the right to charge a reinstatement fee.

Limited Liability

  1. Customer expressly agrees that use of Azure’s Server is at Customer’s sole risk. Neither Azure, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Azure’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Azure Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall Azure, its offices, agents or any one else involved in creating, producing or distributing Azure’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Azure Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Azure’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Azure’s service.
  3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Lawful Purpose

  1. Customer may only use Azure’s Server for lawful purpose. Transmission of any material in violation of United States and Philippine laws is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright) on Azure’s Server.
  2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Azure’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Azure. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

Indemnification

  1. Customer agrees that it shall defend, indemnify, save and hold Azure harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, ("Liabilities") asserted against Azure, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Azure against Liabilities arising out of:
    1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Azure’s Server;
    2. Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    3. Ccopyright infringement;
    4. Any defective product which Customer sold on Azure Server.

Governing Law

  1. This agreement shall be governed and interpreted in accordance with Philippine laws. In the event of a lawsuit, venue shall be exclusively be in the trial courts of the City of Manila. The inclusion of twenty percent (20%) of the amount due and collectibles as liquidated damages. 25% by way of attorney’s fees and the cost of the suit shall be imposed on the party at fault.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties.

Any changes or modifications to these Terms and Conditions are agreed to by the both parties upon renewal of services.