Terms & Conditions for ShambHost

Last Updated: 19th May 2024

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1. Introduction and Acceptance of Terms

1.1 These Terms & Conditions constitute a binding agreement between you and ShambHost regarding your access to and use of our products and services.

1.2 By purchasing or using our services, you confirm that you have read, understood, and agree to be bound by these terms.

2. General Policies

2.1 In addition to these Terms & Conditions, the following policies apply to all our services:

2.2 You agree to comply with all policies, including any updates or changes that may be published periodically.

3. Domain Registration, Renewal, Transfer & Management

3.1 Availability: We cannot guarantee the availability of a desired domain name until registration is confirmed.

3.2 Compliance: When registering a domain, you must adhere to the rules set by the domain authorities. Any disputes must be resolved between the involved parties.

3.3 Payment: Domains will only be released after full payment has been received as per our rates.

3.4 Non-Payment: Failure to pay on time may result in suspension or termination of your services.

3.5 Disputes & Cancellations: In cases of unresolved issues or financial difficulties, ShambHost reserves the right to terminate the agreement and, if necessary, delete website data.

4. Account Eligibility and Registration

4.1 Minimum Age: You must be at least 18 years old to register an account or use our services.

4.2 Single Account: Only one account per user is allowed. Multiple accounts may be canceled without prior notice.

4.3 Accurate Information: You must provide correct and up-to-date information during registration and maintain a separate email address from your domain registration.

4.4 Account Security: You are responsible for all activities under your account. Keep your credentials safe and secure.

4.5 Dedicated IP Requests: For dedicated IP orders, additional justification may be required in compliance with relevant internet authorities.

5. Website Migrations

5.1 ShambHost offers website migration as a courtesy.

5.2 Migrations are provided only for cPanel-managed sites. We cannot guarantee availability or timing and do not support migrations from other control panels.

6. User Content

6.1 Definition: “User Content” includes any information, text, photos, videos, or other materials uploaded, stored, published, or shared via our services.

6.2 Responsibility: You are solely responsible for ensuring that your User Content complies with these Terms.

6.3 Monitoring & Enforcement: ShambHost does not actively monitor User Content. However, if a breach is detected, we may remove part or all of your content, suspend services, or take other remedial actions without a refund.

7. Account Security and ShambHost Systems

7.1 Software & Scripts: You are responsible for ensuring that any scripts or applications installed under your account are secure and properly configured.

7.2 Access & Monitoring: ShambHost reserves the right to inspect, record, or copy data from our networks to prevent unauthorized access or abuse.

7.3 Abuse & Unauthorized Use: Activities such as denial-of-service attacks, brute force attacks, spam, or other unauthorized behaviors may result in immediate suspension or termination of your account, subject to applicable abuse fees.

8. Prohibited Uses and Materials

8.1 Prohibited Uses: You may not use our services to:

8.2 Prohibited Materials: The following materials are strictly forbidden on our servers:

9. CPU, Bandwidth, and Disk Usage

9.1 Usage Limits: Hosting space is intended solely for web files, active email, and website content. It may not be used for offsite storage or FTP hosting.

9.2 Monitoring: ShambHost will monitor CPU, RAM, and disk usage. Excessive usage impacting other users may prompt a notification and, if unaddressed after repeated incidents, require an upgrade or result in service cancellation.

9.3 Unlimited/Unmetered Plans: For unlimited hosting, please review our Unlimited Policy for specific usage guidelines.

10. Email Sending Policy

10.1 Email Reliability: While we provide email services with hosting plans, we do not guarantee that emails sent from our servers will never be marked as spam.

10.2 Best Practices: We recommend using third-party services (e.g., Google Workspace, Zoho, SendGrid) for bulk or marketing emails.

10.3 Restrictions: Email accounts provided are for regular communication only. Abusive or bulk email activity may result in blocked email capabilities or suspension of your account.

11. Uptime Guarantee

11.1 Guarantee: If a physical downtime on shared or premium servers causes a breach of our 100% uptime guarantee, you may be eligible for one month of account credit.

11.2 Exclusions: Planned maintenance, force majeure (acts of God), or issues outside our control are not covered.

11.3 Requesting Credits: Uptime credits must be requested via a support ticket within 7 days of the downtime event.

12. Backups and Data Loss

12.1 Backup Policy: We maintain backups for a period of 2 days as a courtesy. However, we do not guarantee the availability or integrity of these backups.

12.2 User Responsibility: It is your responsibility to back up your data. For guaranteed backups, paid services (e.g., backups to Google Drive or via SFTP/FTP) are available.

12.3 Data Loss: ShambHost is not liable for any data loss resulting from service disruptions or backup failures.

13. Limitation of Liability

13.1 In no event shall ShambHost, its directors, employees, or agents be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of your use of our services, even if advised of the possibility of such damages.

13.2 This limitation applies to lost profits, data, or any other losses.

14. Affiliate Terms

14.1 Eligibility: The Affiliate Program is available for shared and cloud hosting only. Approval is required before commissions are paid.

14.2 Commission: Affiliates earn a 20% commission on eligible hosting sales (excluding Cloud VPS and Dedicated Servers).

14.3 Tracking: Sales are tracked using promo codes and referral links. The promo code is the primary method for commission allocation.

14.4 Payouts: Commissions are paid after 30 days of the sale via Paytm, PayPal, UPI, or Bank Transfer, with a minimum withdrawal balance of 25,000 NGN.

14.5 Fraud Prevention: Duplicate orders from the same IP or suspicious activity may result in deactivation of the affiliate account.

15. Services KYC Verification

15.1 Requirement: All users must complete a Know Your Customer (KYC) verification via WhatsApp OTP and Email OTP.

15.2 Purpose: KYC helps ensure the authenticity of our users, reduces fraud risk, and maintains a secure community.

15.3 Consent & Data Security: By completing KYC, you consent to the verification process and acknowledge that your data will be securely stored and used solely for these purposes.

15.4 Emergency Use: Verified information may be used for emergency contacts or abuse reporting.

16. Billing and Payment

16.1 Payment Terms: Services are paid in advance. Ensure your payment details are current and invoices are paid on time.

16.2 Late Payments: Failure to pay by the due date may result in service suspension and the application of late fees.

16.3 Invoice Notice: Invoices are issued 3 days before the due date. If payment is not received within 3 days after the due date, your service may be terminated and your data deleted.

16.4 Disputes: If you have a question regarding a charge, please contact our billing department before disputing the charge with your payment provider.

17. Canceling Services

17.1 Customer Cancellation: To cancel a service, submit a request via the Client Dashboard or contact our Billing Department. For shared or cloud web hosting, cancellation results in immediate deletion of all data. For VPS or Dedicated Servers, data will be retained for up to 24 hours post-cancellation (no refunds apply).

17.2 ShambHost Cancellation: ShambHost reserves the right to cancel any service without prior notice if you breach these Terms or engage in illegal activities. In cases of ShambHost-initiated cancellation, no refunds will be issued, and ShambHost is not liable for any data loss.

18. Refund Policy

18.1 Discretionary Refunds: All refunds, including those for primary services, additional features, or setup fees, are at the sole discretion of ShambHost.

18.2 Processing Time: Refunds, if approved, will be processed within 5-7 days.

18.3 Plan-Specific Terms: Certain plans may offer a money-back guarantee within a specified period (typically 3 to 14 days). Refer to the specific refund policy for each plan.

18.4 Breach of Terms: Any violation of these Terms may forfeit your eligibility for a refund.

19. Indemnification

19.1 You agree to indemnify, defend, and hold harmless ShambHost, its affiliates, officers, directors, employees, and agents from any claims, losses, or damages arising out of your use of our services or any violation of these Terms.

19.2 This obligation survives the termination of your account or these Terms.

20. Miscellaneous

20.1 Modifications: ShambHost reserves the right to modify or update these Terms & Conditions at any time. Continued use of our services constitutes acceptance of any changes.

20.2 Dispute Resolution: Any disputes arising under these Terms will be resolved in accordance with applicable laws and through the appropriate legal channels.

20.3 No Waiver: Failure by ShambHost to enforce any provision of these Terms shall not be deemed a waiver of that provision.

21. Contact Information

If you have any questions or concerns regarding these Terms & Conditions, please contact our support team at [email protected].

By using ShambHost’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.