Hosting Reservation Agreement

Elaborate work must be built according to correct foundations and clear policies aimed at clarifying the rights and duties of the client and the hosting alike.

اتفاقية حجز الاستضافة

1- Tariffs

1/1 Hayat Host: It is the service provider of web hosting, domain reservation and server rental, and it is referred to in this agreement as the first party.

1/2 The customer: means the natural person or the agent authorized to accept this agreement and is referred to in this agreement as the second party.

1/3 Contents: means all text, images, sounds, graphics, video, links, and any other data that is saved by the second party in the first party’s servers.

1/4 The site: means the pages in which the contents stored by the second party are displayed on the first party’s servers.

1/5 User: It means the users of the second party’s website.

1/6 User Content: Means all text, images, sounds, graphics, video, links, and any other data that is saved by the second party in the servers of the first party.

1/7 Confidential customer data: It means all the data that the second party is required to keep confidential and uses to achieve security in its correspondence with the first party.

2ـ Web Hosting

1/2 Hosting:

The first party will provide dedicated or shared servers for the site for the purpose of facilitating access to the hosted sites and saving site data and user data.

And it is the responsibility of the second party or users to prepare their data in a way that enables it to be saved on the servers of the first party.

The first party is not responsible for the maintenance, repair or protection of any software produced by the second party or a third party.

The first party will provide the volume of data exchange and storage space as shown in the offers of the web hosting section.

When the second party needs a larger amount of data transfer or additional storage space

The first party will work sincerely in its negotiation with the second party to amend this agreement to meet the requests of the second party

By increasing the space allocated to it and the amount of data transfer provided to it, as long as there is room in the first-party servers to accept these requests

2/2 Common System Resources Terms and Conditions

 

A/ If the client’s account shares the system resources with other clients:
Such as processing information, memory and network resources, everyone is equal in rights on the basis of the type of paid subscription, and no customer has the right to use more than his share. If this happens, we will inform the customer and give him the right to choose between upgrading the subscription according to his need or reducing the consumption of system resources to an acceptable extent.
B/ Programs or scripts of all kinds:
(such as CGI/PHP/ASP Scripts) can be used by the site subscribed to the service and it is absolutely forbidden to install programs and then use them by parties outside the service, and in the event that this happens in a way that affects the performance of devices or the network, these programs will be closed without prior warning.

C/ chat rooms:
It causes a very large waste of system resources, so it is not allowed to optionally install chat programs inside the hosting spaces on Hayat Host devices, but within Hayat Host services there are rooms for chatting with or without Java, which are certified and reliable programs in their performance so that they do not cause damage to the network or service devices .

D/ Programs:
Programs running in the background or Cron Jobs such as IRC bots, eggdrop, BitchX, XiRCON or any other program that can conflict with the tasks of the servers are not allowed but a special section is provided in the control panel to manage these works in an orderly manner that does not harm the network or the servers .

E/ Shared Hosting Accounts:
The amount of traffic in the service provided must be distributed over the days of one calendar month, provided that it does not exceed 20% of the maximum traffic allowed for one calendar month. Hyatt so hostile to make arrangements.

f/ Resource Conservation:
Within the shared hosting service, there are basic resources dedicated to each of the hosting plans that may not be breached, and therefore any violation of the resources specified for each hosting plan requires the service to be suspended temporarily until the breach is stopped by a site or a client hack (Plug ins), and if the breach is Continuously – due to the nature of the site – the client is requested to upgrade the site to the higher plan. This system is the global resource identification system applied by the major hosting companies in the world, and Hayat Host is proud to be the first Arab hosting company to offer it to its customers, so that no site is exposed to suffocation or weight and difficulty in browsing, as the resources of each hosting plan are protected that no other site can exploit and transcend it.

2/3 fixed values ​​are set for each shared hosting plan:

• For the Hala Life (6 GB) plan:
We have set a time of 35 seconds to finish executing any operation sent to the processor,
In peak times, the user is allowed 7 seconds to perform any processing operation (this is calculated after
Skip consuming 100% of processing power (eight processors are operating at full capacity).
As for using the database server, the user is allowed a time and capacity of 50 seconds to execute the query
Its value is reduced to 25 seconds to perform the query at the peak.

• For the Hayat Class plan (11 GB):
We have set a time of 50 seconds to finish executing any operation sent to the processor,
In peak times, the user is allowed 9 seconds to perform any processing operation (this is calculated after
Skip consuming 100% of processing power (eight processors are operating at full capacity).
As for using the database server, the user is allowed a time and capacity of 75 seconds to execute the query
Its value is reduced to 40 seconds to execute the query at the peak.

• For a business life plan (16 GB):
We have set a time of 75 seconds to finish executing any process sent to the processor,
In peak times, the user is allowed 20 seconds to perform any processing operation (this is calculated after
Skip consuming 100% of processing power (eight processors are operating at full capacity).
As for the use of the database server, the user is allowed a time and capacity of 90 seconds to execute the query
Its value is reduced to 60 seconds to perform the query at the peak.

2/4 Email:

The use of spam messages (SPAMs) for any purpose whatsoever, is harmful to the Hayat Host network, its components or its content. Therefore, it prevents:

a. Sending spamming (messages not intended for the recipient’s purpose).
B. Sending spoofing (messages that the recipient cannot reply to or know where they came from).
c. Send passive spamming (using external spamming for the benefit of our hosted site).

Dr.. sending trolling

E. Sending mailbombing (annoying a user with messages they don’t want to reply to)

.And the. Generate more messages than normal use (20% of available system resources).

g. Adding people to a mailing list without permission, that all recipients of mailing lists must register in person, and that mailing lists are not used to distribute spam.

h. Messages are considered spam if they violate the guidelines of newsgroups or are sent to those who did not request them or provide a mailing address for public use without asking consent to receive messages.

i. Distribution or sale of programs that serve the mentioned activities.

J. Any customer who repeats “mailbombed” or incites to such activities is considered a violation of the terms of this agreement.

2/5 Website Backups:

The first party will perform the backup operations of the hosted site with professionalism and commitment.

The period for keeping the data copied as a backup by the first party shall not exceed 14 days.

Backup is intended to meet the loss of all site data and not to meet independent file recovery.

Internal or external backups are not provided for sites hosted on limited plans.

– The first party does not bear any responsibility in the event that a backup copy is installed and this copy does not contain the entire content of the site from databases, as there are rare cases in which the server does not copy the entire database if it has a defect caused by a software error of the script used by the second party .

2/6 Technical Support:

a. Hayat Host provides technical support to ensure the conduct of the services business that Hayat Host provides to its customers only

Technical support does not include problems resulting from the customer using any of the external programs in a wrong way

As well as problems resulting from installing or operating programs or pages, or interpreting or solving problems with those programs and error messages

Or any business the client did, including but not limited to:

Erasing all or any of its files or data, misidentifying data sources, or uploading them beyond their allocated capacity within the shared service devices.
B. Hayat Host provides technical support to customers through one of its technical support systems. Hayat Host has the right to introduce new systems for technical support, and it also has the right to stop any of the applicable technical support systems, and customers will be informed of this for information.

c. The client is fully aware that all transactions carried out by him outside official working hours or during official holidays will be carried over to the next working day.

2/7 Entry records:

When the second party needs to obtain a copy of the logs of access to its own site, it is available in the site control panel

And he can get it himself, knowing that the logs are cleared monthly.

2/8 Standards:


The first party services will operate according to the following:

2/8/1 Availability of the website on the Internet:
The first party will provide hosting services for the site that guarantees a high level of professionalism and easy access to the site on the Internet, and will make the site available permanently and quickly.

– The first party will not be responsible if the site is not available due to a problem with a particular Internet service provider, but the first party will seek to communicate with the Internet provider to solve the problem.

2/8/2 Security:
The first party will take all necessary steps to prevent those who are not allowed to enter the second party’s control panel from accessing the second party’s control panel.

The first party will do its best to inform customers of the scheduled maintenance dates for maids or if they are out of service.

2/8/3 Exceptions:
The first party does not provide equipment, software, or means and tools for communication to customers, and does not provide insurance or guarantees that the customers’ equipment, programs, means and tools for their communication will be compatible with the equipment and services of the first party.

2/8/4 Service upgrades (increasing space or data transfer):
– When the second party needs additional data transfer (bandwidth) or more storage space for its site.

The second party has to upgrade its hosting plan to a larger one, whether in terms of the amount of data transfer or space

He pays the difference in amount between the amount he paid when receiving the service and the one he wants to upgrade to

The difference in the amount paid is not considered part of the annual website hosting renewal value

Except in the event that the annual hosting renewal date for the site remains a month or less from the date of its request to increase the space.

2/8/5 Accompanying Programs:
a. Hayat Host offers its customers a set of programs that are available in the control panel of those services, and it is not obligated to provide any of the programs requested by the customer in the control panel, in addition, all of these programs are provided by Hayat Host to customers as they come from the source and without modifications to the program code or The user interface, and the technical support for these programs is through the websites of the companies that produce these programs.
B. Any use of any of the programs offered by Hayat Host to customers means agreement that Hayat Host shall not be liable for any damages or problems resulting from that.

3 - Ownership of the contents

– All the contents of the sites and the history of the users of the sites saved by the second party in the servers of the first party belongs to it in all cases.

The second party gives the first party the required real data and correct personal information to complete the hosting process.

4ـ Content Control

4/1 The second party undertakes to use the equipment and services provided by the first party for the purposes permitted in accordance with the international laws and regulations in force in the Kingdom of Saudi Arabia and the international Internet law. Any systems or customs observed in the Kingdom of Saudi Arabia, hosting or uploading materials contrary to public morals or contrary to Islamic law, or inciting sectarian differences, or mocking other religions, or promoting the sale of drugs or tools of violence, or programs to hack websites, or using the site to dump mail with mailing lists, or consuming server system resources, or using Any software or scripts that are not licensed by its producer or use of proxy bypass software.

The agreement to benefit from the services of the first party includes this agreement and any amendments entered into it and the agreement to use the site and any other agreement for the first party.

4/2 In the event that the second party or one of its users violates clause 4/1, the first party has the right to immediately and permanently stop the service without returning the amount paid, and the first party is free if it wants to provide the second party with the site files to move to another hosting company and the party The first is not obligatory.

– In the event of terminating the hosting, the first party has the freedom to dispose of re-hosting the client if it appears clearly that the second party or the user is correct in including this content.

5- Payment method and stopping the service

5/1 Fees:
– The second party must pay the agreed service renewal fees no less than a month before the end of his account

He is responsible for following up on completion dates with our financial department.

After 40 days have passed since the end of the service without the second party renewing it, the first party has the right to remove all the contents and materials of the second party from the hosting space it occupies without any obligation on the first party towards the second party.

It shall be the responsibility of the second party to provide the required data with all accuracy

This includes updating the data of the e-mail address, phone numbers, correct and full name and any other necessary information needed by the first party.

The second party is solely legally responsible for any taxes or fees on the products and services it provides on its website.

6ـ Agreement Duration

The agreement is on the first period of hosting when establishing the service and for a period of one year, and it is automatically renewed unless one of the parties expresses a desire to terminate it.

After the expiry of the initial period, if the second party wishes to terminate the agreement, it must inform the first party in writing within 14 days.

 

6/1 Termination of the Agreement by the First Party:


The reasons for the first party to terminate this agreement with the second party include – but are not limited to – violation of foreign or local laws, non-payment of the agreed-upon fees described in clause (5) or clause (4/1) of this agreement.

And any amendments entered into it, and any violation of other agreements of the first party.

The first party has the right to terminate this agreement without giving reasons to the second party, and the second party has the right to recover the rest of its financial entitlements after deducting the value of domain name registration, if any, as well as the service period consumed by the second party.

When the second party wishes to give up the hosting service or sell its site, it must notify the first party in writing of this and provide it with real and accurate data for the new owner, and this is done before the transfer of ownership of the site and may incur fees for opening an account

– When the second party registers a domain name (Domain) with a domain name registration company other than Hayat Host, the first party is not responsible for renewing the domain name, and the first party is only obligated to provide hosting for the second party.

The approval of the second party for its participation in any of the relevant services is considered.

The first party submitted it as approval of this agreement and any amendment thereto.

Hayat Host may also terminate this Agreement in any of the following cases:

1- At any time at the request of the official authorities and the competent authorities.

2- At any time in case the customer breaches any of the terms of this agreement.

3- For any reason, and after giving a written notice to the client one month prior to the termination of the briefing.

7ـ EXCLUSIONS OF WARRANTIES

With the exception of the responsibilities shown here, the First Party, its owners, employees, affiliates, representatives, and the like, and sellers,

They do not provide any guarantees, neither verbal nor written, in the event of linking to the sites through first-party devices and services,

They make no verbal or written guarantees – neither express nor implied – including and without limitation guarantees of title.

8ـ Defining the responsibilities

– the first party, its owners, employees, affiliates, representatives and sellers,

They will not be legally responsible for any losses of the second party’s business, lost profits or loss of data

Or any direct, indirect or accidental damages resulting from the use of the devices and services of the first party.

The second party agrees to pay a fee for any treatment carried out by the first party or damages to repair that may have been inflicted on the second party from the cause of the second party itself.

9ـ compensation

The second party will bear any claims, litigations, emerging claims, or any actions taken by a third party

Caused by the second party’s use of the first party’s devices and services

The first party will compensate for any losses, damages, or any expenses, expenses and costs incurred

As a result of any final court ruling, claim, or proceeding action against the first party

10ـ General Conditions

10/1 Governmental Regulations:


This Agreement will be governed and interpreted in accordance with the laws of the Kingdom of Saudi Arabia.

The two parties agree that any dispute about this agreement will be settled in accordance with these laws.

– if any of these conditions becomes void or unenforceable for any reason,

The rest of the terms will retain their legal force and will not be weakened in any way.

A waiver by either party of any violation of any of the terms of this Agreement shall not affect and shall not be construed as a waiver of any other or subsequent breach.

Any amendment to this agreement or other agreements of the first party becomes effective and binding on the second party as soon as it is published on the website of the first party.

 

10/2 The relationship between the two parties:


– This agreement does not create a partnership, agency or any employment relationship,

Neither party has the right to obligate the other party to what is outside the scope of this agreement.

 

10/3 Legal Services Expenses:


If it is necessary to use legal services to implement or interpret this agreement

The second party will bear the judicial costs, the expenses of legal services and the expenses of bringing experts to give their testimony

or any other costs proved by a competent court.

All rights reserved to Hayat Host 2022

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