Terms Of Service

The use of services from NetScriper Company Limited (Myanmar), NetScriper Limited (UK) and netscriper.com [hereafter referred to as "NetScriper"] constitutes agreement to these terms.

Definitions and interpretation
"Agreement": these Terms Of Service (TOS) and any other document entered into by the parties pertaining to Services;
"Client" or "Customer" or "you" or "your": person, firm or company to whom Services are provided;
"Company" or "NetScriper" or "Our": NetScriper Company Limited (company number 4983) registered in the Republic of the Union of Myanmar, and NetScriper Limited (company number 06915709) registered in England & Wales, United Kingdom;
"Services": services to be provided by the Company to Client under the Agreement which include Domain name, Web Hosting (Shared/Standard Hosting, VPS Hosting, Dedicated Server and Reseller Hosting), Email Hosting, Web Design, Web Development, Online Advertising & Marketing, Digital services and All-in-one package.

1. The Terms and Conditions set forth herein constitute the full and complete agreement between you and NetScriper. Your agreement to be bound by these terms is acknowledged by your use of NetScriper's Services which includes, but is not limited to visiting the website, ordering any of the Company services, using any of the Company services, contacting the Company representatives, Support Services and/or any software, app, mobile app, website, web application made available to you by the Company. The terms contained herein supersede and replace any other agreement or negotiation between Client and NetScriper whether oral, written or otherwise including any statements made by any representative of NetScriper at any time.

2. Client represents and warrants that, if an individual, subscribers of paid services offered through NetScriper must be at least 18 years of age and otherwise legally competent in all respects to, or, if an entity, Client is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. It is the Client responsibility to provide accurate, current, and complete information when Client sign-up to use our services. It is the Client responsibility to ensure that the contact information for Client account, including an email address and phone number(s) are up-to-date. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.

3. Client agrees to be fully responsible for all use of the Client account and for any actions that take place through the account. It is the Client responsibility to maintain the confidentiality of your passwords (including DCP, cPanel and all services such as Email, Database, FTP, SSH, and so on) and other information related to the security of the Domain Control Panel (DCP) account and Hosting Control Panel (cPanel & WHM). Further, Client agrees to notify NetScriper of any unauthorized use of your password or account. NetScriper shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.

4. Web Hosting Content
All services provided by NetScriper may only be used for lawful purposes. The customer agrees to indemnify and hold harmless NetScriper from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

NetScriper Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. NetScriper Hosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes.

4.1. Unacceptable Materials
Examples of unacceptable material on all hosting accounts include:

IRC Scripts/Bots
Proxy Scripts/Anonymizers, VPN, Torrents
Pirated Software/Warez
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Prime Banks Programs
Illegal Gambling and Lottery sites or services.
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Pronographic sites and/or Pronographic content
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Sale of any controlled substance without prior proof of appropriate permit(s)
Storing and Sharing unauthorized copy of Software
Storing and Sharing unauthorized copy of Music, Books, Photographs, or any other copyrighted work.

4.2. Resource Usage
User may not:

Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Abuse of server Memory/RAM and CPU usage
Malware/Malicious Exploited in your hosting account
SPAM/Exploited in your hosting account
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any script that sending over 200 emails/hour
Run any compromised script that hacking/hijacking to server or other users
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers.
Run cron entries with intervals of less than 15 minutes.

4.3. Unlimited Space Usage
Unlimited web space offered on web hosting (Unlimited) packages is available for genuine web site content, content must be linked into web pages. Customer is prohibited from using the server as a file/backup repository. If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur with or without notice.

4.4. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer / Bandwidth in one month cannot be carried over to the next month.

4.5. No "Spam"
Client shall not use their NetScriper services for Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. NetScriper reserves the right to deactivate or terminate any account(s) upon any indication of such activity with or without notice.

5. Backup Policy
NetScriper highly recommends that all customers retain up to date backup copies of their data off-site for disaster recovery purposes. NetScriper is not responsible for any data loss or corruption, including that resulting from: (a) our authorized actions, (b) those actions you take using the services, (c) hardware failures, or (d) any software or other technology failures.

5.1. Shared/Standard Hosting:
NetScriper's backup service on Shared/Standard Hosting (such as Starter, Standard, Premium, Elite and Infinity packages) runs once a week (mostly on Sunday) and overwrites any of our previous backups. Only one week or two week of backups are kept at a time. Customer acknowledges that any backups provided by or for NetScriper services are a courtesy service intended for disaster recovery only and that NetScriper does not warrant or guarantee the availability, integrity, content or operability of these backups. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 30GB quota (on all hosting packages including Infinity package). If you exceed 30GB of disk usage in your account, your account will no longer be backed up.

5.2. Hosting for NetScriper's Website Customers:
NetScriper's backup service for Website Customers and All-in-One Web Design Package Customers runs once a week (mostly on Sunday) and overwrites any of our previous backups. Only one week or two week of backups are kept at a time. Customer acknowledges that any backups provided by or for NetScriper services are a courtesy service intended for disaster recovery only and that NetScriper does not warrant or guarantee the availability, integrity, content or operability of these backups. These backups will be done using our commercially reasonable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 40GB quota (on all packages including Unlimited package). If you exceed 40GB of disk usage in your account, your account will no longer be backed up.

5.3. Reseller Hosting:
NetScriper provides complementary backup services for Reseller's main cPanel account that runs once a week (mostly on Sunday) and overwrites any of our previous backups. Only one week or two week of backups are kept at a time. Reseller Hosting customers are encouraged to purchase additional backup service for cPanel accounts they create under their Reseller WHM. Customer acknowledges that any backups provided by or for NetScriper services are a courtesy service intended for disaster recovery only and that NetScriper does not warrant or guarantee the availability, integrity, content or operability of these backups.

5.4. VPS Hosting:
VPS Hosting customers are encouraged to configure and run backup service on thier VPS by WHM Backup function. NetScriper also provides complementary backup services for our VPS customers. These snap shots are taken every other day and stored for approximately 7 days. Customer acknowledges that any backups provided by or for NetScriper services are a courtesy service intended for disaster recovery only and that NetScriper does not warrant or guarantee the availability, integrity, content or operability of these backups.

5.5. Dedicated Server Hosting:
Dedicated server customers are encouraged to purchase and maintain a secondary drive to create and store backups on. NetScriper can configure Backup on Dedicated server with default WHM Backup function if client have secondary drive for backup. NetScriper does not warrant or guarantee any backups on Dedicated Servers if customer does not have secondary backup drive. Customer acknowledges that any backups provided by or for NetScriper services are a courtesy service intended for disaster recovery only and that NetScriper does not warrant or guarantee the availability, integrity, content or operability of these backups.

6. Request for Rebuild/Restore of Hosting Backup
Since one week or two week of backups are kept at a time, customer are required to contact NetScriper for backup restoration as soon as possible to get the latest backup of last Sunday version.

7. Hosting Transfers
NetScriper provides hosting transfer service for all customers who want to transfer their existing website from other hosting to us. Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. However, we do not provide hosting transfer service from our hosting to other hosting provider.

8. Domain Registration
NetScriper will register a new domain from the domain registration agent (Registrar) on behalf of our Client. The Domain Services are limited to forwarding the application submitted by the Client for registration with the relevant naming authority. For the avoidance of all doubt it shall remain the sole responsibility of the Client to verify if the Requested Domain has been successfully registered with the appropriate authority. Upon successful registration, NetScriper will notify to the Client by sending the Hosting Setup email to Client. NetScriper makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. The Client acknowledges that NetScriper cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry.

9. Domain Transfers
Client can transfer the domain to other Registrars or other 3rd party service provider if the domain is available to transfer at ICANN, Nominet UK or any other appropriate Registration authorities. NetScriper cannot guarantee the domain transferring process as it is totally dependent on the condition of domain, expire date, creation date and Domain Registration Authority. If the Client wishes to use their domain which registered at other Registrars and vice versa, NetScriper will help to change the Nameservers of the domain to use at our hosting which means the Client does not need to Transfer the domain. Our transfers team will help you to change the nameservers at your existing domain registrars for FREE.

10. Suspension/Termination
(a) Suspension of Service
- Customer agrees that Shwe Web Hosting may suspend services to Customer with or without notice and without liability.
(b) Termination
- NetScriper reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability.

11. Payment of Fees
NetScriper accepts payment by Cash at Office and Credit Card or Debit card via Barclays EPDQ system and PayPal. In addition, NetScriper may from time to time allow additional forms of payment; however, the offering of a particular form of payment does not obligate Shwe Web Hosting to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options contact us.

12. Refund Policy
Fees paid by Client for the purchase of Domain names, Web Hosting (Shared Packages) and Web Design services are nonrefundable. Violations of the Terms of Service will waive the refund policy in VPS and Dedicated Servers.

13. Changes to the TOS
NetScriper intends to provide the best possible web hosting service to each of its Clients. NetScriper is also dedicated to staying abreast of new and available technologies that will better serve our Clients. However, due to changing technologies, changing laws and the individual and collective needs of our Clients, NetScriper reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

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