The Hosting Service Agreement

The Hosting Service Agreement (“Agreement”, and/or “Terms and Conditions”) is made by and between Masaar (Masaar) and you and your heirs, agents, successors and assigns (collectively, “Customer), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of Masaar Hosting Services (“Hosting Services).

Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable Masaar agreements which are incorporated herein by reference.

The terms “we”, “us”, or “our” shall refer to Masaar. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Hosting Services

Masaar Hosting Services provide personal and commercial shared web hosting which include email services, Site Builders, one-click installation plug-ins for 3rd party applications, FTP, SSH, and DNS management services.

The Hosting Services generally allow you to:

(a) Configure multiple email accounts for use in connection with a registered domain name;

(b) Manage email accounts via the Plesk Control Panel including creation, deletion, and password configuration;

(c) Manage domain names using the Plesk Control panel including DNS records;

(d) Configure email accounts to work with email clients such as Microsoft Outlook and mobile email clients such as iPhone®, iPad®, BlackBerry®, and Android®

(e) Use Plesk Site Builders to create full featured websites;

(f) Create FTP accounts;

(g) Install a variety of 3rd party applications including WordPress, Joomla, Drupal, Magento, and more.

The Hosting Services include both paid and free services. You acknowledge that the free Hosting Services may have reduced functionality or capability. You may upgrade to paid Hosting Services at any time.

2. Provision and Configuration of the Hosting Services

Once the Hosting Services are purchased on a Masaar website or by telephone (“Website”), a hosting account will be created by Masaar on the Plesk hosting platform. You will receive login credentials unique to Plesk sent to the primary email address set up in your Masaar user account. You must ensure the primary email address is correctly functioning, accessible by you, and unrelated to the hosting account. Masaar is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.

Once you receive your Plesk hosting account login credentials, you may setup and configure the Hosting Services.

3. Availability of the Hosting Services

Subject to the terms and conditions of this Agreement and each of Masaar policies and procedures, Masaar shall use commercially reasonable efforts to provide the Hosting Services on a twenty-four (24) hours a day, seven (7) day per week basis throughout the term of this Agreement. You acknowledge that from time to time, the Hosting Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunction, (b) periodic maintenance or update procedures, or (c) causes beyond the reasonable control of Masaar including, but not limited to, Denial of Service attacks (“DDOS Attacks“), or black-listing caused by attempts at sending SPAM.

You acknowledge that each Hosting Services plan has limits (“Plan Limits”) that you agree to adhere to. Failure to adhere to the Plan Limits may result in immediate suspension or termination of the Hosting Services without further notice. Masaar reserves the right to suspend or terminate the Hosting Services at any time for failure to adhere to the Plan Limits or terms of this Agreement.

4. 99.9% Uptime Guarantee

Masaar has a 99.9% hosting uptime guarantee. If Masaar fails to maintain this guarantee, you may request from Masaar an account credit equal to 10% of the total monthly hosting fee charged that month. The credit may be used for purchase of any future services offered by Masaar.

The credit does not apply to interruptions in service caused by: (a) scheduled maintenance; (b) errors caused by you from scripting or coding issues, (c) the installment of unsupported software, (d) the installment of unsupported versions of 3rd party software, (e) interruptions that do not affect the website but only FTP or email services, and (f) interruptions caused by reasons beyond our control.

5. 30-Day Money Back Guarantee

If you’re dissatisfied with the Hosting Services for any reasonable reason, you may request a refund for the Hosting Service fees within 30 days of ordering it. The fees of running the Hosting Service for the first 30 days and setting up the Hosting Service will be deducted from the refund amount. The refund will be credited to your account and used for purchase of any future services offered by Masaar. If you request a refund under this guarantee, your Hosting Services will be cancelled and you will not be eligible to purchase additional Hosting Services from us or our affiliates for a period of 3 months from the date of the request.

6. Website Content

You acknowledge that you are solely responsible for providing, uploading, updating, designing, and maintaining your website and its contents including all files, pages, data, code, images, and all other material linked or transmitted through your website (“Content”). You are responsible for ensuring that all Content stored in your hosting account and FTP account comply with the laws of the United States, California, and all jurisdictions in which the website and its contents are accessible. You additionally ensure that your Content does not violate 3rd party trade or service marks, copyrights, patents, or other intellectual property rights.

The following content is strictly prohibited under this Agreement, specifically, but not meant to be an exhaustive list:

(a) Pornographic, obscene, or profane content;

(b) Content advocating or aiding computer hacking, cracking, or other cyber crimes;

(c) Gambling;

(d) Illegal activities;

(e) Illegal drug paraphernalia or substances;

(f) Hate, violence, racial or ethnic intolerance;

(g) Illegal distribution of music, movies, videos, books, or software, or other intellectual property of others.

If your Hosting Services are found to be in violation of any part of this section, Masaar reserves the right to immediately suspend and/or delete the Hosting Services, hosting accounts, FTP accounts, and content within.

7. SSL Certificates

The Hosting Services are provided in a shared hosting environment with an IP address shared with other customers. You may purchase an SSL certificate from Masaar, its affiliates or a 3rd party to be used with your Hosting Services. The use of an SSL certificate requires a dedicated IP address that must be purchased from Masaar. This monthly fee changes from time to time and is in addition to the posted fee for the Hosting Services. Please contact hosting support for further information.

Masaar will secure your private SSL key on its hosting servers and will not release this key, except upon written request by you.

8. Your Obligations

You represent to Masaar that:

(a) You will not resell the Hosting Services;

(b) Your Content complies with the laws of the United States, California, and all jurisdictions in which the website and its contents are accessible;

(c) Your Content does not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;

(d) Your Hosting Services will not be used in conjunction with any illegal activities;

(e) Your use of the Hosting Services does not result in excess use of Masaar resources or overloading of Masaar DNS, server or network resources;

(f) You will not use your Hosting Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;

(g) You will not conduct server hacking or promote hacking, cracking or other cyber crimes or activities;

(h) You will not deploy software or scripts to run on Masaar servers that cause overload of resources or threaten the stability of the network;

(i) You will not disseminate or transmit SPAM email in violation of Masaar SPAM policy;

(j) You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material or content that otherwise violates the intellectual property rights of others;

(k) You will not run recursive DNS services under this Agreement.

9. Security

Masaar follows strict security protocols for the protection and security of the Hosting Services. However, you are entirely responsible for your Content or damage to your Content and Hosting Services. It is your responsibility to maintain secure passwords and change your passwords frequently to ensure security. You shall solely be responsible for (a) preventing loss or damage to your website, (b) maintaining independent backups of your Content, and (c) ensuring the confidentiality of your password(s) in connection with the Hosting Services.

Masaar does not provide a PCI Compliant hosting environment and your Hosting Services shall not be used as such.

10. Third Party and One-Click Software

Masaar provides one-click software installations for a variety of 3rd party software (“One-click Software“) as part of the Plesk hosting platform and the Hosting Services. Masaar does not provide technical support for use of the One-click Software, upgrades to new versions of the One-click Software, or training for use of the One-click Software. The One-click Software shall be used solely at your own risk and Masaar takes no responsibility for your use of the One-click Software under this Agreement.

Masaar makes no representations or warranties about any third-party software, and disclaims any liability or responsibility regarding their use in connection with our Hosting Services.[a]

11. Limitation on Use of Resources

In order to maintain the integrity of the shared hosting environment, Masaar reserves the right to suspend, limit, or reduce your consumption of system resources if the resources used exceed a normal share of processing, memory, or storage of the shared service for any amount of time. Masaar will immediately notify you of actions taken and the resumption of normal use of the Hosting Services.

Masaar does not currently set limits on storage space or bandwidth, however, the hosting service is not intended as an unlimited storage space for online backups, media serving, archiving, or for heavy commercial use. The service is intended to host standard websites and email services. As such, Masaar may enforce a limit on the number of files (inode counts in excess of 50,000) and may ask you to remove files or suspend service to stay within the limits. You will be sent warnings when your usage approaches the limit and exceeds the limit to rectify the situation.

Additionally, excessive database tables or large database tables will negatively affect the performance of the servers. We may request you to limit or reduce the use of these resources to maintain the integrity and performance of the system.

12. 3rd Party Email Clients and Software

The Hosting Services are compatible with third-party software clients such as Microsoft Outlook or mobile clients such as iPhone®, iPad®, BlackBerry®, and Android®

Masaar makes no representations or warranties about any third-party software, and disclaims any liability or responsibility regarding their use in connection with our Hosting Services.

Additionally, excessive database tables or large database tables will negatively affect the performance of the servers. We may request you to limit or reduce the use of these resources to maintain the integrity and performance of the system.

13. Spam and Virus Protection

Masaar Hosting Services include spam and virus protection scanning services for both incoming and outgoing email messages and attachments. All email sent to or from your email addresses will automatically be scanned to assist in preventing spam and/or viruses from being transmitted to or from your email accounts, email clients, and/or computer systems. You are able to disable this protection from within your control panel but it is not recommended and you acknowledge that Masaar is not responsible for any adverse effects caused by the disablement of this feature. You acknowledge and agree that our spam and virus protection scanning services are not guaranteed to be 100% effective or error-free. As such, the scanning services may delete email messages or prohibit the transmission to or from your email accounts that you otherwise wish to send or receive. It may also allow the transmission of spam or viruses to or from your email accounts, email clients, and/or computer systems. You acknowledge and agree that Masaar shall assume no liability to you or any third party with respect to our spam and virus scanning services, your failure to send and/or receive email messages and/or attachments, or the transmission of spam and/or viruses to or from your email accounts, email clients, and/or computer systems.

Masaar does not provide website virus or malware scanning services for your Content or website. You may purchase 3rd party malware scanning services from Masaar that may be configured with your Hosting Services.

Masaar makes no representations or warranties about 3rd party scanning services, their effectiveness, or any suspension of access due to blocking of your website or Content by search engines.

14. Backup, Storage and Data Retention

Masaar Hosting Services are not an archive or backup service. You are solely responsible for maintaining independent backups of your email messages at all times. You acknowledge and agree that Masaar shall assume no liability to you or any third party for any loss, damage, or destruction of your website, Content, email messages, distribution lists, or other content stored in connection with the Hosting Services.

15. Plan Limits

You acknowledge that the Hosting Services may be offered with different plan limits. The plan limits will be presented on the Website, and may relate to, including but not limited to: (a) storage limits; (b) database limits; (c) domain name configuration limits; (d) support limits; (e) the amount of mail to be sent or received; (f) the size of the mail to be sent or received; (g) the size of mailboxes configured; (h) the number of mailboxes configured; (i) the number of domain names to be used for the Hosting Services; and, (j) the number of contacts allowed per address or distribution list.

Additionally, you acknowledge that each Hosting Services plan has pre-defined controls and restrictions that control the maximum amount of email messages you can send and receive and how that mail is sent. These controls and restrictions are put in place to maintain the integrity and performance of the Hosting Services.

The following maximum controls and restrictions are in place. Specific settings can be found on the Hosting Services page at all times on the Website. Masaar reserves the right to modify these controls from time to time as it feels is necessary to maintain the integrity and performance of the Hosting Services.

Incoming Message Limitations

There are (2) types of incoming message limitations:

1. Maximum 20MB message size. Incoming message over 20MB will be bounced.

2. The amount of disk space allocated to each mailbox. If your mailbox fills up, incoming messages will be bounced. It is your responsibility to review and understand your user and account settings for limiting total disk usage and warning message notifications to prevent this from occurring.

Outgoing Message Limitations

In order to prevent SPAM and the abuse of the SMTP outgoing mail service, the following outgoing message limitations are in place:

1. SMTP Relay quotas per-mailbox. 100 recipients per hour; 500 recipients per day

When you exceed this threshold, you will be denied the ability to send email until the following hour OR day, depending on which threshold you have exceeded. You will receive a connection error message when attempting to send that will say “Daily delivery limit exceeded” or “Hourly delivery limit exceeded”.

2. SMTP Relay quotas per-domain. 5,000 emails per week.

When you exceed this threshold, all email messages sent from any email account configured with the Hosting Services will be denied the ability to send email until the following week. If the threshold is exceeded, users attempting to send email will receive a connection error stating “Weekly delivery limit exceeded”.

3. SMTP Relays though the use of web forms. 100 recipients per hour; 1,500 per day.

If a domain name using any web-based forms exceeds either of these thresholds, additional messages sent will simply be discarded until the following hour OR day, depending on the threshold exceeded. The Plesk administrator for the Hosting Services will receive a courtesy email notifying them that the threshold has been exceeded.

16. SPAM Policy

Masaar complies with the United States Federal CAN-SPAM Act found here:

http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business/

Masaar and its customers are also governed by California Corporations Code Section 17538.45 related to electronic mail advertisement found here. As it relates to this section, Masaar is an “Electronic Mail Service Provider” and you are a “Registered User”.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17530-17539.6.

In order to comply with these regulations, Masaar has created the guidelines below to assist you in compliance. This information is intended solely as a guideline and Masaar does not warrant or guarantee in any way whatsoever that adherence to only these guidelines will prevent your violation of applicable U.S. and local laws. Please consult with appropriate legal counsel if you have any questions on your compliance.

Mailing list subscribers must specifically opt-in to the list they are subscribed to. This applies to both new subscriptions and the bulk addition of addresses already subscribed via other means. Confirmation should be handled using a single confirmation message sent to the subscriber’s email address. This mailing must contain a URL to the site’s privacy policy, a brief description of the mailing list, and a URL that the user must follow to confirm the subscription.

Mailing list subscriber information must include the date and time that the subscription was confirmed, as well as the IP address of the subscriber at the time of the subscription. You must be able to present this information at Masaar request.

The nature of email address use must be fully disclosed, either on the page the subscription is made from or with a prominent link to your website’s Privacy Policy. It must be made reasonably clear how a user’s email address will be used and in what circumstances it will be shared.

Lists should not be procured from outside parties unless you have procured a list from an organization that sells or otherwise shares email distribution lists, and all of the following conditions are met:

(a) The selling organization maintains a publicly viewable privacy policy disclosing that such sales and usage may occur.

(b) The privacy policy is prominently linked to from the page on which the subscriber signed up.

(c) The privacy policy has not changed substantially since the user signed up.

(d) Records are kept of the date, time, IP address, and form location where the subscribing user signed up.

(e) Lists procured from outside parties must have been consistently handled in a manner comparable to Masaar policies.

(f) You cannot populate lists with addresses obtained for a substantially different purpose than was originally disclosed to the user.

(g) All subscriptions must be re-confirmed in the manner described above before being sent bulk email messages.

Modification of Email Headers

You must not modify the headers of any message in such a way that purposefully obfuscates the origin of the message. This includes changing the “From” address in an email client to something other than the real mailbox name. The Hosting Services will block email messages from being sent in this configuration.

Spamware

It is strictly prohibited to sell, use, or disseminate software designed specifically to facilitate the practice of spamming in conjunction with your use of the Hosting Services.

17. Account Suspension

Masaar reserves the right to suspend, disable, or otherwise terminate your access to the Hosting Services, or take any other measures deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Hosting Services.

You must substantially address all spam-related and Content violation inquiries from Masaar personnel within 72 hours. Failure to respond within this time may result in the immediate suspension, disablement, or termination of your Hosting Services.

You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Hosting Services, or any portion of the Hosting Services, for any violations to any terms in this Agreement.

18. Term and Termination

This Agreement shall commence on the first day that Hosting Services are ordered and paid for and shall remain in force continuously and uninterrupted so long as the Hosting Services are active. This Agreement shall renew upon payment of renewal by you.

All Hosting Services under this Agreement are provided on a pre-paid or advanced basis.

You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Hosting Services, or any portion of the Hosting Services, for any violations to any terms in this Agreement.

You may terminate this Agreement at any time without written notice. Upon termination, Masaar shall terminate access to the Hosting Services and any Data provided in connection with the Hosting Services immediately.

19. Indemnification

You agree to release, defend, indemnify and hold harmless Masaar, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to this Agreement, the Hosting Services provided hereunder by Masaar, the Website or your account manager, your account with Masaar, Your use of the Hosting Services, and/or disputes arising in connection with the Hosting Services.

20. Warranty Disclaimer

MASAAR, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE  HOSTING SERVICES PROVIDED HEREUNDER, THE WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL HOSTING SERVICES, AS WELL AS THE WEBSITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO, AND USE OF, MASAAR’S  HOSTING SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

21. Limitations of Liability

YOU AGREE THAT MASAAR WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE  HOSTING SERVICES (2) USE OF THE  HOSTING SERVICES, (3) INTERRUPTION OF THE  HOSTING SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE OR  HOSTING SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE  HOSTING SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT MASAAR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE  HOSTING SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 3 MONTHS OF HOSTING SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. Confidentiality

The terms of this Agreement and information and data that one party (the “Receiving Party”) has received or will receive from the other party (the “Disclosing Party”) in connection with the this Agreement are proprietary and confidential information (“Proprietary Information”) of the disclosing party, including without limitation, any and all technical and non-technical information.

Each of the parties agrees that they will not use, disseminate, or in any way disclose any Proprietary Information of the other party to any third party (except as required by law), nor use the Proprietary Information for any purpose not permitted under this Agreement. The nondisclosure obligations set forth in this section shall not apply to information that was previously available in the public domain prior to or during the term of this Agreement.

23. General

You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operational of law or otherwise, to any third party without the prior written consent of Masaar. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

Masaar reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Website. If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Hosting Services. Masaar may occasionally notify you of changes or modifications to this Agreement or the Hosting Services by email so it is very important that you keep your account information current and up to date. Masaar is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.

24. Contact Information

If you have any questions or concerns about anything found in this Agreement or other agreements with Masaar, please contact us by regular mail, courier, or email to the following address:

Legal/Corporate:

Masaar,

Falaj Al Mualla, Umm Al Qaiwayn,

United Arab Emirates,

legal@masaar.com

Technical Support/Customer Service:

Masaar,

Falaj Al Mualla, Umm Al Qaiwayn,

United Arab Emirates,

support@masaar.com

25. Governing Law

This Agreement and its subject matter shall be governed in accordance with the laws of [[UAE LAW]] and [[DUBAI LAW]] without regard to conflict of laws and principles contained therein with the exception of disputes related to the Domain Name Registration Agreement which fall under UDRP,URS, or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein. All other services provided are subjected to the local and federal copyright and intellectual property laws and principles of United Arab Emirates.

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