SAFNAH Privacy Policy & PARTNERSHIP REQUIREMENTS
Last updated: October 23, 2021
Last updated: October 23, 2021
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Safnah.com صفنة دوت كوم, St.Karadah Kharidgh Main Street Baghdad، 10069, Iraq.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Iraq
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Safnah.com صفنة دوت كوم, accessible from https://www.safnah.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Safnah.com IT Services
Acceptable Use Policy
This AUP governs the
use of Safnah.com IT Services’ web hosting service. Violation will result in
suspension or termination of the User’s service. In the event of a dispute
between Safnah.com IT Services and User regarding the interpretation of the
AUP, Safnah.com IT Services’ commercially reasonable interpretation of the AUP
shall govern.
Newsgroup, Chat
Forums, Other Networks
You must comply with
the rules and conventions for postings to any bulletin board, chat group, or
another forum in which you participate which uses our name [ Safnah.com IT
Services ] in any way.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: [email protected]
- By visiting this page on our website: CONTACT US
- By phone number: +9647815866062
Last updated: October 23, 2021
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Safnah.com صفنة دوت كوم, St.Karadah Kharidgh Main Street Baghdad، 10069, Iraq.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: Iraq
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Safnah.com صفنة دوت كوم, accessible from https://www.safnah.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Safnah.com IT Services
Acceptable Use Policy
This AUP governs the
use of Safnah.com IT Services’ web hosting service. Violation will result in
suspension or termination of the User’s service. In the event of a dispute
between Safnah.com IT Services and User regarding the interpretation of the
AUP, Safnah.com IT Services’ commercially reasonable interpretation of the AUP
shall govern.
Newsgroup, Chat
Forums, Other Networks
You must comply with
the rules and conventions for postings to any bulletin board, chat group, or
another forum in which you participate which uses our name [ Safnah.com IT
Services ] in any way.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: [email protected]
- By visiting this page on our website: CONTACT US
- By phone number: +9647815866062
SERVICES LICENSEES AGREEMENT (SLA)
At Safnah.com
IT Services, we take your website seriously. That’s why we guarantee a 99.9%
monthly uptime, which you’ll discover throughout this Service Level Agreement
(SLA). Terms and conditions apply; see below for more details. Our 99.9% Update
SLA consists of two stages:
- Network Connectivity : This is the connectivity from Safnah.com
IT Services’ network up to our Transit providers.
- Power : This refers to what powers the servers in our
highly secure datacenters.
>=
99.9% |
0% |
<
99.8% |
5% |
<
99.5% |
7.5% |
<
99.0% |
10% |
<
98.0% |
20% |
<
95.0% |
25% |
SLA Terms and Conditions
Safnah.com IT Services SLA is only
valid for registered companies. Private customers must request adherence to SLA
upon ordering Safnah.com services. This SLA extends to direct clients only. Safnah.com
IT Services.com is not liable for downtime caused by a reseller of its
services. All credits will be applied to future billing cycles, and are
non-transferrable in any way. Customer accounts that are not in good standing,
or have not been in good standing within a 12-month period prior to outage are
not eligible for SLA credits. Customers who are in violation of TOS are not
eligible for SLA credits.
Customers must make a request with Safnah.com
IT Services customer service department. All claims must be made within seven
(7) days of the network downtime. SLA credits can take up to two business weeks
to authorize and be posted to the customer’s account. These credits can only be
claimed by the authorized customer; all other claims will be denied. SLA
credits cannot be stacked.
This SLA does not cover operating
system reloads, hardware of the server, any form of hardware reconfiguration,
any failure outside of the network itself (including bandwidth carrier
outages), failures caused by attacks toward customer service, and scheduled
maintenance of Safnah.com IT Services network. Additionally, uncontrollable
events, including but not limited to weather, natural disasters, war, and other
events outside of the control of Safnah.com IT Services.com are not eligible
for SLA credits.
The Safnah.com IT Services.com SLA
is subject to change or revision without notice.
At Safnah.com
IT Services, we take your website seriously. That’s why we guarantee a 99.9%
monthly uptime, which you’ll discover throughout this Service Level Agreement
(SLA). Terms and conditions apply; see below for more details. Our 99.9% Update
SLA consists of two stages:
- Network Connectivity : This is the connectivity from Safnah.com
IT Services’ network up to our Transit providers.
- Power : This refers to what powers the servers in our
highly secure datacenters.
>=
99.9% |
0% |
<
99.8% |
5% |
<
99.5% |
7.5% |
<
99.0% |
10% |
<
98.0% |
20% |
<
95.0% |
25% |
SLA Terms and Conditions
Safnah.com IT Services SLA is only
valid for registered companies. Private customers must request adherence to SLA
upon ordering Safnah.com services. This SLA extends to direct clients only. Safnah.com
IT Services.com is not liable for downtime caused by a reseller of its
services. All credits will be applied to future billing cycles, and are
non-transferrable in any way. Customer accounts that are not in good standing,
or have not been in good standing within a 12-month period prior to outage are
not eligible for SLA credits. Customers who are in violation of TOS are not
eligible for SLA credits.
Customers must make a request with Safnah.com
IT Services customer service department. All claims must be made within seven
(7) days of the network downtime. SLA credits can take up to two business weeks
to authorize and be posted to the customer’s account. These credits can only be
claimed by the authorized customer; all other claims will be denied. SLA
credits cannot be stacked.
This SLA does not cover operating
system reloads, hardware of the server, any form of hardware reconfiguration,
any failure outside of the network itself (including bandwidth carrier
outages), failures caused by attacks toward customer service, and scheduled
maintenance of Safnah.com IT Services network. Additionally, uncontrollable
events, including but not limited to weather, natural disasters, war, and other
events outside of the control of Safnah.com IT Services.com are not eligible
for SLA credits.
The Safnah.com IT Services.com SLA
is subject to change or revision without notice.
Terms of Service
On October 23, 2021 we updated these terms and policies.
This Terms of Service ("Agreement") is a legally binding contract
between Safnah.com IT Services ("Safnah.com IT Services") and you
("Customer," “you” or “your”) that shall govern the purchase and use,
in any manner, of the services provided by Safnah.com IT Services to Customer
(collectively, the "Services").
By purchasing and/or using the Services in any manner, you represent that
you have read, understand, and agree to all terms and conditions outlined in
this Agreement, and that you are at least eighteen (18) years old and have the
legal ability to engage in a contract in the United Arab Emirates.
If you do not agree to all the terms
and conditions outlined in this Agreement, then you may not use any of the
Services. If you are already a customer of Safnah.com IT Services and do not
agree with the terms and conditions outlined in this Agreement, you should
immediately contact Safnah.com IT Services to cancel your Services.
1. Ownership and
Services Purchased
1.1. The individual or entity set out
in our records as the primary billing contact shall be the owner of the
account.
1.2. The features and details of the
Services governed by this Agreement are described on the web pages setting out
the particular services or products you have purchased (“Service Description
Page”) based on their description on the Service Description Page as of the
Effective Date, as defined below. Safnah.com IT Services may modify the
products and services it offers from time to time. Should the Service
Description Page change after the Effective Date, we have no obligation to
modify the Service to reflect such a change. The services and products provided
to you by Safnah.com IT Services as set out on the Service Description Page,
are referred to as the “Services.”
1.3. Certain aspects of the Services
are provided by third parties. These third parties may have reserved the right
to make changes, including material changes, to the services provided by them.
You may terminate this Agreement if such a change materially affects the
Services.
2. Term of Agreement
2.1. This Agreement becomes effective
immediately when Customer clicks “I Agree.” (“Effective Date”) and remains
effective and binding until terminated by either party as outlined below. This
Agreement may only be modified by a written amendment signed by an authorized
executive of Safnah.com IT Services, or by the posting by Safnah.com IT
Services of a revised version.
2.2. The term of this Agreement is
set to the Customer's billing term (“Term”). If no Term is set out, the Term
shall be one (1) year. Upon expiration of the Initial Term, this Agreement
shall renew for periods equal to the length of the Initial Term, unless one
party provides notice of its intent to terminate as set out in this Agreement.
3. Obeying the Law
3.1. Safnah.com IT Services is
registered and located within Baghdad, Iraq and as such, we are required to
comply with the laws and official policies of Baghdad, Iraq, regardless of
where the Services are provided. In addition, Safnah.com IT Services will
comply with appropriate laws and official policies set forth by Baghdad, Iraq.
4. Payments and Billing
4.1. Safnah.com IT Services will
automatically bill your payment method on file up to fifteen (15) days before
the due date on all terms of one (1) or more years; for terms less than one (1)
year in length, Safnah.com IT Services will attempt to bill your payment method
on file up to five (5) days before the due date. All fees are billed in United
States Dollars (“USD”) and are subject to change with thirty (30) days' notice
before notice to you.
4.2. Your “Billing Term” is the
period you have chosen to receive bills for the Services. For example, your
Billing Term may be monthly, quarterly, or annually.
4.3. Safnah.com IT
Services is only able to automatically collect payment from customers with
credit cards stored on file (as opposed to credit cards used one for one time
transactions) or active PayPal subscriptions. All other payment methods
(one-time credit card payments, check, money order, PayPal one-time payments,
etc.) must be initiated manually by you. You must ensure that reoccurring fees
are paid on their due date.
4.4. As a customer of
Safnah.com IT Services, it is your responsibility to ensure that all billing
information on file with Safnah.com IT Services is accurate and that any credit
card or other automated payment method on file has sufficient funds for
processing. You are solely responsible for all fees charged to your payment
method by the issuer, bank, or financial institution including, but not limited
to, membership, overdraft, insufficient funds, and over the credit limit fees.
Safnah.com IT Services screens all orders for fraud and other unethical
practices. Services will not be activated until this fraud screen is completed.
In certain cases, if your account is flagged for fraud, third-party services,
such as domain name registrations, will not be processed. Safnah.com IT
Services has no liability for the failure to provide Services, including
third-party services if your account fails its fraud screen.
5. Late Payments
5.1. Any account not
paid in full by the end of the first day of the Billing Term will be given a
seven (7) day grace period. If payment is not made within the seven (7) day
grace period, Safnah.com IT Services reserves the right to suspend your Service(s)
with Safnah.com IT Services and to charge a $10 "late penalty."
Fourteen (14) days following suspension of Services for non-payment, Safnah.com
IT Services reserves the right to terminate Service(s) for non-payment.
5.2. Safnah.com IT
Services is not responsible for any damages or losses as a result of suspension
or termination for non-payment of your account. In addition, Safnah.com IT
Services reserves the right to refuse to re-activate your Services until all
outstanding invoice(s) have been paid in full.
6. Refund Policy and
Billing Disputes
6.1. No refunds are
offered on web hosting services, dedicated server packages, custom packages,
setup fees, domain registrations, domain transfers, domain renewals, SSL
certificates, WHMCS Licenses, addons, dedicated IP addresses, advanced support
fees, processing fees, or software licenses, and some timed services.
Safnah.com IT Services reserves the right to deduct fees for value-added
services that may have been included in the Services at no additional fee, such
as an SSL certificate or free domain name registration, from any refunds or
account credits.
6.2. Refunds will be
issued only to the payment method that the original payment was sent from, and
may take up to one (1) week to process. Eligible payments older than sixty (60)
days may require a refund via PayPal due to Safnah.com IT Services' merchant
account policies and procedures.
6.3. The following
methods of payment are not refundable under any circumstances, and refunds will
be posted solely as credit to the hosting account for current or future
Services: bank wire transfers, Western Union payments, checks, and money
orders.
6.4. Safnah.com IT
Services will not activate new orders or provide additional Services for
customers who have an outstanding balance with Safnah.com IT Services. For a
new order to be set up or a new package to be activated, you must have a
balance of $0.00, unless otherwise stated by Safnah.com IT Services in writing.
6.5. Exchange rate
fluctuations for international payments are constant and unavoidable. Like all
payments, all refunds are processed in U.S. dollars and will reflect the
exchange rate in effect on the date of the refund. All refunds are subject to
this fluctuation and Safnah.com IT Services is not responsible for any change
in exchange rates between time of payment and time of refund. In addition,
Safnah.com IT Services reserves the right to refuse a refund at any time for
any or no reason.
6.6. If you believe
there is an error in Safnah.com IT Services' billing, you must contact
Safnah.com IT Services about it, in writing, within thirty (30) days of the
date you are billed or charged. Safnah.com IT Services' obligation to consider
your claim is contingent on your providing it with sufficient facts for
Safnah.com IT Services to investigate your claims. You waive your right to
dispute any charges or fees if you fail to notify Safnah.com IT Services in
writing or meet the deadline set out above. If Safnah.com IT Services finds
that your claim is valid, Safnah.com IT Services agrees to credit your account
on your next billing date. Third-party fees are not subject to this dispute
provision and are final.
7. Chargebacks,
Reversals, and Retrievals
7.1. If Safnah.com IT
Services receives a chargeback or payment dispute from a credit card company,
bank, or Paypal, your Services may be suspended without notice. A $50
chargeback fee (issued to recoup mandatory fees passed on to Safnah.com IT
Services by the credit card company), plus any outstanding balances accrued as
a result of the chargeback(s), must be paid in full before service is restored.
Instead of issuing a chargeback, please contact Safnah.com IT Services' billing
team to address any billing issues.
7.2. If Safnah.com IT
Services appeals a chargeback or other payment dispute and wins the dispute or
appeal, the funds will likely be returned to Safnah.com IT Services by the
credit card company or bank. Any double payment resulting from this process
will be applied to the Customer's account in the form of service credit.
8. Cancellation of
Services
8.1. Either party may
terminate this Agreement by providing notice to the other as provided herein.
8.2. You may cancel
the service by emailing us at support @ Safnah.com IT Services. To reduce the
likelihood of error and ensure the security of your account, Safnah.com IT
Services does not accept cancellations via any other method or location,
including, but not limited to, telephone, or live chat. Cancellations are not
final until confirmed by a representative of Safnah.com IT Services in writing
by email.
8.3. Cancellations
must be requested via the email indicated above 48 hours or more before the
Service's renewal date. If a cancellation notice is not received within the
required time frame, you will be billed for the next Billing Term and are
responsible for payment as set forth above.
8.4. If you pay Safnah.com IT
Services via PayPal, it is your responsibility to cancel any subscription for
recurring PayPal payments. Safnah.com IT Services (which has no control over
PayPal subscription payments) is not responsible for payments made from your
PayPal account after cancellation and is under no obligation to refund such
payments made after cancellation.
8.5. Safnah.com IT
Services may terminate this Agreement at any time by providing notice to
Customers via email. Should Safnah.com IT Services terminate this Agreement for
any reason other than a material breach, or violation of Safnah.com IT
Services' Acceptable Use Policy, any prepaid fees shall be refunded.
8.6. One party may also terminate this Agreement upon the occurrence of a
material breach that has not been cured by the other party within ten (10) days
of their receipt of written notice of the breach. To define a material breach,
materiality shall be determined from the perspective of a reasonable business
person with significant experience in conducting business on the Internet.
Notices of material breach must contain sufficient detail for the party against
whom the assertion of material breach is directed to identify the breach and
attempt to take corrective action.
9. Refusal of Service
9.1. Safnah.com IT Services reserves
the right to refuse service to anyone at any time. Any material that, in
Safnah.com IT Services' judgment, is obscene, threatening, illegal, or violates
Safnah.com IT Services' terms of service in any manner may be removed from
Safnah.com IT Services' servers (or otherwise disabled), with or without notice.
9.2. Similarly, Safnah.com IT
Services reserves the right to cancel, suspend, or otherwise restrict access to
the Service(s) it provides at any time, for any or no reason, and with or
without notice. Safnah.com IT Services is not responsible for any damages or
loss of data resulting from such suspension or termination.
9.3. If any manner of communication
with Safnah.com IT Services' staff could be construed as belligerent, vulgar
(curse words), attacking, highly rude, threatening, or abusive, you will be
issued one warning. If the communication continues, your account may be
suspended or terminated without a refund. This includes, but is not limited to,
threats to sue, slander, libel, publicly post, or initiate a chargeback.
9.4. Safnah.com IT Services happily
accepts orders from outside Iraq but may limit accounts from certain countries
with a high fraud rate. To help protect Safnah.com IT Services and its
customers from fraud, Safnah.com IT Services may ask you to provide a copy of
government-issued identification and/or a scan of the credit card used for the
purchase. If you fail to meet these requirements, the order may be considered
fraudulent and denied.
9.5. Safnah.com IT Services cannot
accept any orders originating from countries that the United States has
established an embargo on or otherwise prohibited trade with. By becoming a
customer, you represent and warrant that: (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a "terrorist supporting" country; and (ii) you are
not listed on any U.S. Government list of prohibited or restricted parties.
10. Resource Usage
10.1. Each customer
is required to utilize as little server resources as possible, to allow for
reasonable performance by all Safnah.com IT Services customers. Because server
CPU and memory are shared resources, excessive consumption of these resources can
interfere with or completely prevent normal service performance for other
users. Safnah.com IT Services reserves the right to suspend or terminate
Services on any account that, at its sole discretion, is abusing server
resources. Such suspension or termination can occur at any time without prior
warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage
Definitions.
10.2 Cloud VPS
services leverage a shared, network-based, Storage Area Network (SAN) and
shared Hardware Virtual Machines (HVM) providing Central Process Unit (CPU)
time. To allow reasonable performance for all customers, individual customers
are expected to demonstrate responsible resource usage of the Storage Area
Network (disk throughput MB/s / disk IN/OUT operations per second), Hardware
Virtual Machine CPU (Central Processor Unit Time), and any other shared
resource not explicitly mentioned herein. Safnah.com IT Services regularly
monitors all Storage Area Networks and Hardware Virtual Machine CPU loads for
normal usage patterns and routinely evaluates customer deployments for abnormal
usage patterns. Safnah.com IT Services reserves the right to suspend,
terminate, and/or limit (such as through disk throughput limiting, in/out
operation per second limiting, and lowering of CPU priority) services on any
account, that at its sole discretion, is using an abnormally large amount of
shared resources. Such suspension, termination, or limitation can occur at any
time without prior warning, and for any or no reason.
11. Bandwidth Usage
11.1. You are
allocated a monthly bandwidth allowance depending on the hosting package you
purchase. See Disk Space, Bandwidth, and Email Usage Definitions.
11.2. Should your
account pass the allocated amount, Safnah.com IT Services reserves the right
to: a) suspend the account until the start of the next allocation, b) suspend
the account until more bandwidth is purchased at an additional fee, c) suspend
the account until you upgrade to a higher level of package, and/or d) charge
you an additional fee for the overages.
11.3. Unused transfer
in one month cannot be carried over to the next month and bandwidth is not
pooled among multiple servers or accounts unless otherwise specified by a
representative of Safnah.com IT Services in writing.
11.4. Like other
resources, customers are expected to demonstrate responsible usage of bandwidth
resources, to allow for reasonable performance by all Safnah.com IT Services
customers. Safnah.com IT Services regularly monitors bandwidth usage and reserve
the right to suspend, terminate, and/or limit (such as through port speed
limiting) Services on any account, that at its sole discretion, is using an
abnormally large amount of bandwidth. Such suspension, termination, or
limitation can occur at any time without prior warning, and for any or no
reason.
12. Licenses
12.1. Safnah.com IT
Services grants to you a non-exclusive, non-transferable, worldwide,
royalty-free license to use a technology provided by Safnah.com IT Services
solely to access and use the Services. This license terminates on the
expiration or termination of this Agreement. Except for the license rights set
out above, this license does not grant any additional rights to you. All right,
titles and interest in Safnah.com IT Services' technology shall remain with
Safnah.com IT Services or its licensors. You are not permitted to circumvent
any devices designed to protect Safnah.com IT Services or its licensor's
ownership interests in the technology provided to you. In addition, you may not
reverse engineer this technology.
12.2. You grant
Safnah.com IT Services, or to any third parties used by Safnah.com IT Services
to provide the Services, a non-exclusive, non-transferable, worldwide,
royalty-free, license to use, disseminate, transmit and cache content,
technology, and information provided by you and, if applicable, your End Users,
in conjunction with the Services. This license terminates on the expiration or
termination of this Agreement. All right, titles and interests in your technology
shall remain with you, or your licensors.
13. Service
Modifications
13.1. Safnah.com IT
Services reserves the right to add, modify, or remove any or all features from
any service Safnah.com IT Services provides, at any time, with or without notice.
This includes, but is not limited to, disk space limits, bandwidth limits,
domain limits, pricing, and third-party applications. These changes can be made
for any or no reason and Safnah.com IT Services does not guarantee the
availability of any feature, whether written or implied. If the removal of a
feature materially impacts your ability to use the Service, you may terminate
this Agreement. For this paragraph only, the term “materially” means that a
reasonable business person would not have purchased the Services for the
purposes used by you.
14. Uptime Guarantee
14.1. Safnah.com IT
Services guarantees that your website and services that directly affect its
display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the
time in any given calendar month. If Safnah.com IT Services fails to meet its
Uptime Guarantee, you will be issued a credit equivalent to one (1) day of
service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of
downtime per month are not counted towards any credit and the maximum credit
available is one (1) month of service.
14.2. Credits are
only available for future services/invoices and cannot be issued as refunds.
All credit requests must be sent via our official request form at
http://www.Safnah.com IT Services.com/credit/ no later than the tenth (10th)
day of the month following the SLA (as that term is defined below) violation.
Credits are issued based on the uptime for the previous calendar month only and
requests not submitted within the required time frame cannot be approved.
14.3. For example, if
you experienced less than 99.9% uptime in November, you would need to submit
your credit request no later than December 10th.
14.4. The following
circumstances are not eligible for credit and are specifically excluded from
our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware
failure, third-party software failure, customer maxing its resource container,
issues resulting from errors or omissions by the customer, issues relating to
the customer's ISP, firewall blocks/bans, or any other circumstance beyond our
reasonable control. This clause does not apply to subscribers of Virtual
Dedicated Server (“VDS”) or Dedicated Server packages. All credits are at the
discretion of Safnah.com IT Services, based on its investigation of any issue
that is covered by this section.
14.5. If Safnah.com IT Services provides a credit, or Service Level
Agreement, for a particular Service, this shall be your sole and exclusive
remedy for defects in, or issues with, the Service.
15. Support Policy
15.1. Safnah.com IT
Services will provide technical support to you twenty-four (24) hours a day,
three-hundred-sixty-five (365) days a year. The only official method for
technical support is via Safnah.com IT Services' help desk at
https://www.Safnah.com/support IT Services.com/contact-us.htm. Telephone and
live chat support are not official methods of support and are governed by the
terms and conditions outlined in the following clause.
15.2. Limited support
will be provided, at Safnah.com IT Services' discretion and subject to
availability of staff, via telephone and/or live chat. Safnah.com IT Services
will always do its best to provide fast, friendly, and helpful support over the
telephone and live chat, but these options are not official methods of support
and no guarantee is made as to the availability, accessibility, or technical
expertise provided via these mediums.
15.3. Inquires via
telephone or live chat support should be limited to general questions which do
not require access to any account or server to investigate or resolve and
should not be used to request the status of or provide updates to a help desk
ticket. Any issue requiring investigation, research, or access to an
account/server should be sent via the help desk. Safnah.com IT Services
reserves the right to direct any issue to the help desk at its discretion and
to refuse to provide support for such issues via telephone or live chat.
15.4. Resellers are
responsible for supporting their customers. Safnah.com IT Services does not
provide support to its resellers' customers. If a reseller's customer contacts
Safnah.com IT Services, Safnah.com IT Services reserves the right to place the
customer account on hold until the reseller can assume its responsibility for
its customer. All support requests must be made by the reseller on its
customers' behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller's account and the actions of
their customers. Safnah.com IT Services will hold any reseller responsible for
any of its customers' actions that violate the law or the terms of service
outlined in this Agreement.
16. Backup Services
16.1. Your use of Safnah.com IT
Services is at your sole risk. This service is provided to you as a courtesy. Safnah.com
IT Services is not responsible for files and/or data residing on your account.
You agree to take full responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored on Safnah.com IT
Services' servers. All backup services provided by Safnah.com IT Services,
whether paid or not, are offered with no warranty or guarantee of their date,
accuracy, and integrity.
16.2. Backups are
performed on servers that house shared and reseller packages only. No backups
are performed for virtual private server (VPS/VDS) or dedicated server packages
unless you specifically purchase an additional service for this purpose. If
your hosting account exceeds 150,000 inodes, the account will not be included
in Safnah.com IT Services' automatic backup process.
16.3. If you ask Safnah.com IT Services to restore a backup of your data
that is located on a backup server maintained by Safnah.com IT Services, you
agree to pay a non-refundable "restoration fee" of $10.00 per backup
restored to complete the request. By requesting that Safnah.com IT Services
restore a backup for you, you also confirm a backup restoration will overwrite
all current data on your account. Safnah.com IT Services cannot be held liable
if a backup restoration does not complete successfully. Safnah.com IT Services
will never charge a backup fee to restore a backup to address an error or
omission caused by Safnah.com IT Services.
17. Domain Name Registrations, Transfers, and Renewals
17.1. Safnah.com IT Services
will make every effort to ensure domain names are registered, transferred,
and/or renewed on time. If a domain name registration, renewal, or transfer is
not processed when due, it is your responsibility to contact Safnah.com IT
Services within fifteen (15) days of the incident for Safnah.com IT Services to
investigate. Redemption fees may be charged to Customer for domains that remain
expired for more than thirty (30) days when no contact is made to Safnah.com IT
Services in the required timeframe. Safnah.com IT Services' liability is
limited to the amount paid for the domain name.
17.2 For generic
top-level domains governed by ICANN, you agree that you may not transfer your
domain registration to another domain registrar during the first sixty (60)
days from the effective date of your: (1) initial domain registration or (2)
completion of a domain transfer into Safnah.com IT Services. If you choose to
utilize our transfer lock service, you agree to provide written authorization
(electronic acceptance is acceptable) to Safnah.com IT Services for the
transfer of the domain to another registrar and agree to pay all fees that may
be charged by Safnah.com IT Services to effect the transfer. You agree your
request to transfer your domain to another registrar may be denied according to
the Inter-Registrar Transfer Policy (available here).
17.3 For country-code
top-level domains, as established by each registry, you agree that you may not
transfer a domain to another registrar during the first sixty (60) days of the
initial registration or after expiration of the domain. You agree your request
to transfer your domain to another registrar may be denied according to the
Inter-Registrar Transfer Policy (available here).
18. Expired Domain
Deletion Policy
18.1. Immediately
after the expiration of the term of a domain name's registration services and
before deletion of the domain name in the applicable registry's database, you
acknowledge that Safnah.com IT Services may direct the domain name to name servers
and IP address(es) designated by Safnah.com IT Services, including, without
limitation, to no IP address or to IP address(es) which host a parking page
and/or a commercial search engine that may display advertisements. You
acknowledge that Safnah.com IT Services may either leave your WHOIS information
intact or that Safnah.com IT Services may change the contact information in the
WHOIS output for the expired domain name so that you are no longer the listed
registrant of the expired domain name.
18.2. For
approximately thirty (30) days after the expiration of the term of domain name
registration services, you acknowledge that Safnah.com IT Services may provide
a procedure by which expired domain name registration services may be renewed.
You acknowledge and agree that Safnah.com IT Services may, but is not obligated
to, offer this process, called the "reactivation period." You
acknowledge that you assume all risks and all consequences if you wait until
close to or after the expiration of the original term of domain name
registration services to attempt to renew the domain name registration
services. You acknowledge that Safnah.com IT Services, for any reason and in
its sole discretion, may choose not to offer a reactivation period and that
Safnah.com IT Services shall not be liable therefore. You acknowledge that
reactivation period renewal processes, if any, may involve additional fees
which Safnah.com IT Services may determine at its discretion. You acknowledge
and agree that Safnah.com IT Services may make expired domain name services(s)
available to third parties, that Safnah.com IT Services may auction off the
rights to expired domain name services (the auction beginning near the end or
after the end of the reactivation period), and/or that expired domain name
registration services may be re-registered to any party at any time.
19. IP Address Allocation
19.1. Any dedicated
IP order, in addition to ones provided with a hosting package, may be subject
to IP justification. Justification practices are subject to change to remain in
conformity with policies of the American Registry for Internet Numbers
(“ARIN”). Safnah.com IT Services reserves the right to deny any dedicated IP
request based on insufficient justification or current IP utilization.
20. Acceptable Usage
Policy
20.1. You shall use
Safnah.com IT services only for lawful purposes. Transmission, storage, or
presentation of any information, data, or material in violation of the laws of
Baghdad, Iraq is prohibited. This includes, but is not limited to copyrighted
material in which you are not the copyright holder, material that is
threatening or obscene, or material protected by trade secrets or other
statutes. You agree to indemnify and hold harmless Safnah.com IT Services from
any claims resulting from the use of the service which damages you or any other
party.
20.2. Safnah.com IT
Services reserves the right to terminate Services for any customer or End User
activity that exposes it to legal liability or endangers its ability to provide
services to other customers. The contents, links, or actions on any Services
listed below are a violation of this Agreement. This is not an exhaustive list,
but is designed to assist you in evaluating whether Safnah.com IT Services is
the appropriate service provider for you:
- Child Pornography - Hosting, Distributing, or Linking to Pornography
Involving a Person Under Legal Age.
- Copyright Infringement - Hosting,
Distributing, or Linking to Copyright Infringed Materials.
- CPU/Memory/Resource Abuse -
Consuming Excessive Amount of Server Resources Causing Server Performance
Issues.
- DoS Source - Source of Denial of
Service Attack.
- DoS Target - Target of Denial of
Service Attack.
- File Scripts - File Dump/Mirror
Scripts (similar to RapidShare).
- Forgery - Faking an IP Address,
Hostname, E-Mail Address, or Header.
- Fraud Site - Hosting or Linking to
a Website Intended to Deceive the Public including, but not limited to sites
listed at aa419.org & escrow-fraud.com.
- HYIP - Hosting or Linking to a High
Yield Investment Program Website.
- Identity Theft - Hosting,
Distributing, or Linking to Stolen Account Identification Information.
- Infection - Hosting, Distributing,
or Linking to Exploits, Trojans, Viruses, or Worms.
- Investment Sites - FOREX, E-Gold
Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield
Interest Programs (HYIP) or Related Sites.
- IRC - Internet Relay Chat Server,
including IRC Scripts/Bots.
- Mass Storage - Storing Mass Amounts
of Backups, Archives, Videos, etc.
- PayDay Loan Sites - including any
site related to PayDay loans, PayDay loan affiliate programs, etc.
- Pharmacy Sites - Sites that engage
in the illegal distribution of prescription medications, including, but not
limited to, promotion, marketing, or sale of prescription medications without a
valid prescription.
- Phishing - Identity Theft by Email
Under False Pretense.
- Proxy Site - Hosting of or linking
to an Anonymous Proxy Server.
- Bulk Email - No more than 500
emails of similar content (Opt-In).
- Spam Email - Unsolicited Commercial
Email (UCE) or Unsolicited Bulk Email (UBE).
- Spam List - Hosting, Distributing,
or Linking to Email Address Lists for Spam.
- Spam Site - A Site Advertised by
Spam Email or Spam Web.
- Spam Ware - Hosting, Distributing
or Linking to Software Designed for Spamming.
- Spam Web - Unsolicited, Bulk, or
Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media.
- Spamhaus - Spam Causing
Blacklisting of an IP at www.spamhaus.org for Malicious Activity.
- Terrorist Site - Hosting or Linking
to a Site Advocating Terrorism.
- Toolz - Hosting, Distributing, or
Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal
Activity.
- Trademark - Hosting, Distributing,
or Linking to Trademark Infringed Materials.
- Warez - Hosting, Distributing or
Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software.
- Any other material Safnah.com IT
Services judges to be threatening or obscene.
20.3. In addition,
hosting accounts may not be resold unless the account is a Reseller account,
VPS, or dedicated server. You may not resell individual services within any
single account such as web space, emails accounts, add-on domains, or mailing
lists. All domains, add-on domains, and subdomains must be for sites controlled
by or promoting published content or businesses that are solely controlled by
the owner of the account as described above.
21. Restrictions on
Storage Space Usage
21.1. All accounts
are subject to the following restrictions on storage space usage: a) accounts
must have valid, working websites, and not violate any previously subscribed
terms; b) accounts are not for use of mass storage of backups, files, audio,
video, zip files or others, as determined by Safnah.com IT Services, at its
sole discretion; and c) accounts are not for use of mass distribution of files,
such as torrents or mirrors. Any account found violating these terms may be
suspended or terminated without warning.
22. Multi-Location
Hosting
22.1. Safnah.com IT Services does not guarantee the availability of all host
locations and reserves the right to add, move, modify, or remove any location
at any time without notification. Safnah.com IT Services also reserves the
right to deny the transfer of any account to a new location for any or no
reason.
23. Warranties
23.1. Your Warranties
to Safnah.com IT Services
23.1.1. You represent
and warrant to Safnah.com IT Services that: (i) you have the experience and
knowledge necessary to use the Services; (ii) you will provide Safnah.com IT
Services with material that may be implemented by it to provide the Services
without extra effort on Safnah.com IT Services' part; and (iii) you have
sufficient knowledge about administering, designing, and operating the
functions facilitated by the Service to take advantage of it.
23.1.2. You expressly
warrant that you own the entire right, title, and interest to, or have an
appropriate license to use, all material provided to Safnah.com IT Services, or
which may be accessed or transmitted using the Services. You also warrant that
to the extent you do business with other parties using the Services, that they
have the same ownership interests in the materials provided to you, or accessed
via you, that are set out in this paragraph.
23.2. Safnah.com IT
Services' Warranties
23.2.1. YOU EXPRESSLY
AGREE THAT THE USE OF SAFNAH.COM IT
SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND
AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, Safnah.com IT
Services HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED.
THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY, AND/OR TITLE. NEITHER Safnah.com IT Services, ITS PARENT, ITS
EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS
LICENSERS OR THE LIKE, WARRANT THAT SAFNAH.COM IT SERVICES WILL NOT BE
INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR
RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED
THROUGH SAFNAH.COM IT SERVICES NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN
THIS AGREEMENT. Safnah.com IT Services SPECIFICALLY DISCLAIMS ANY AND ALL
WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER
THOSE SERVICES APPEAR TO BE PROVIDED BY Safnah.com IT Services. NO WARRANTIES
MADE BY THESE THIRD PARTIES TO Safnah.com IT Services SHALL BE PASSED THROUGH
TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
23.2.2. THE WARRANTY
DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN
INFORMATION YOU MAY HAVE RECEIVED FROM Safnah.com IT Services, ITS EMPLOYEES,
THIRD-PARTY VENDORS, AGENTS, OR AFFILIATES. YOU MAY NOT RELY ON SUCH
INFORMATION.
23.2.3. SOME STATES
DO NOT ALLOW Safnah.com IT Services TO EXCLUDE CERTAIN WARRANTIES. IF THIS
APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE
DATE.
23.3. The parties
expressly disclaim the applicability of the United Nations Convention on the
International Sale of Goods.
24. Limitation of
Liability
24.1. YOU ALSO ACKNOWLEDGE AND ACCEPT
THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE
(1) MONTH OF SERVICE.
24.2. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL Safnah.com IT Services, ITS OFFICERS, AGENTS, OR
THIRD PARTIES PROVIDING SERVICES THROUGH Safnah.com IT Services, BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST
SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU,
ANY OF YOUR END USERS OR ANY THIRD PARTY; 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 Safnah.com IT Services RECORDS, PROGRAMS OR SERVICES.
YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF Safnah.com IT Services HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS,
Safnah.com IT Services LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
25. Indemnification
25.1. You agree to
indemnify, defend and hold harmless Safnah.com IT Services, and its parent,
subsidiary, and affiliated companies, third-party service providers, and each
of their respective officers, directors, employees, shareholders, and agents
(each an “indemnified party” and collectively, “indemnified parties”) from and
against all claims, damages, losses. liabilities, suits, actions, demands,
proceedings (whether legal or administrative), and expenses (including, but not
limited to, reasonable attorneys' fees) threatened, asserted, or filed by a
third party against any of the indemnified parties arising out of, or relating
to (i) your use of the Services; (ii) any violation by you of any of Safnah.com
IT Services' policies; (iii) any breach of any of your representations,
warranties or covenants contained in this Agreement; or (iv) any acts or
omissions by you. The terms of this section shall survive any termination of
this Agreement. For this paragraph only, the terms used to designate you to
include you, your customers, visitors to your website, and users of your
products or services the use of which is facilities by Safnah.com IT Services.
26. Governing Law and
Disputes
26.1. This agreement
shall be governed by the laws of Baghdad, Iraq, as applicable. Exclusive venue
for all disputes arising out of or relating to this Agreement shall be the
state and federal courts in Dubai - United Arab Emirates, and each party agrees
not to dispute such personal jurisdiction and waives all objections thereto.
27. Partial Invalidity
27.1. If any
provision of this Agreement is held to be invalid by a court of competent
jurisdiction, then the remaining provisions shall nevertheless remain in full
force and effect. Safnah.com IT Services and Customer agree to renegotiate any
term held invalid and to be bound by mutually agreed substitute provision.
28. Changes to the Terms of Service
28.1. Safnah.com IT
Services reserves the right to modify this Agreement, in whole or in part, from
time to time. Safnah.com IT Services will provide you with notices of such a
change by posting a notice on your control panel. Unless Safnah.com IT Services
is required to make a change in an emergency, any change will be effective
thirty (30) days after it is posted. If such a change materially diminishes
your ability to use the Services, you may terminate this Agreement. You are
encouraged to review the content of this Agreement regularly.
29. Assignment
29.1. This Agreement
may be assigned by Safnah.com IT Services. It may not be assigned by you. This
Agreement shall bind and inure to the benefit of the corporate successors and
permitted assigns of the parties.
30. Force Majeure
30.1. Except for the
obligation to pay monies due and owing, neither party shall be liable for any
delay or failure in performance due to events outside the defaulting party's
reasonable control, including, without limitation, acts of God, earthquake,
labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of
telecommunication carriers, or delays of common carriers or other circumstances
beyond its reasonable control. The obligations and rights of the excused party
shall be extended on a day-to-day basis for the period equal to the period of
the excusable delay. The party affected by such an occurrence shall notify the
other party as soon as possible but in no event less than ten (10) days from
the beginning of the event.
31. No Waiver
31.1. No waiver of
rights under this Agreement or any Safnah.com IT Services policy, or agreement
between Customer and Safnah.com IT Services shall constitute a subsequent
waiver of this or any other right under this Agreement.
32. No Agency
32.1. This Agreement
does not create any agency, partnership, joint venture, or franchise
relationship. Neither party has the right or authority to, and shall not,
assume or create any obligation of any nature whatsoever on behalf of the other
party or bind the other party in any respect whatsoever.
33. Survival
33.1. The following
paragraphs shall survive the termination of this Agreement: 19, 25 through 28,
and 34.
34. HIPAA Disclaimer
34.1. We are not "HIPAA compliant." Users are solely responsible
for any applicable compliance with federal or state laws governing the privacy
and security of personal data, including medical or other sensitive data. Users
acknowledge that the Services may not be appropriate for the storage or control
of access to sensitive data, such as information about children or medical or
health information. Safnah.com IT Services does not control or monitor the
information or data you store on or transmit through, our Services. We
specifically disclaim any representation or warranty that the Services, as
offered, comply with the federal Health Insurance Portability and
Accountability Act ("HIPAA"). Customers requiring secure storage of
"protected health information" under HIPAA are expressly prohibited
from using this Service for such purposes. Storing and permitting access to
"protected health information," as defined under HIPAA is a material
violation of this User Agreement, and grounds for immediate account termination.
We do not sign "Business Associate Agreements" and you agree that
Safnah.com IT Services is not a Business Associate or subcontractor or agent of
yours according to HIPAA. If you have questions about the security of your
data, you should contact customer support.
This Terms of Service ("Agreement") is a legally binding contract
between Safnah.com IT Services ("Safnah.com IT Services") and you
("Customer," “you” or “your”) that shall govern the purchase and use,
in any manner, of the services provided by Safnah.com IT Services to Customer
(collectively, the "Services").
By purchasing and/or using the Services in any manner, you represent that
you have read, understand, and agree to all terms and conditions outlined in
this Agreement, and that you are at least eighteen (18) years old and have the
legal ability to engage in a contract in the United Arab Emirates.
If you do not agree to all the terms
and conditions outlined in this Agreement, then you may not use any of the
Services. If you are already a customer of Safnah.com IT Services and do not
agree with the terms and conditions outlined in this Agreement, you should
immediately contact Safnah.com IT Services to cancel your Services.
1. Ownership and
Services Purchased
1.1. The individual or entity set out
in our records as the primary billing contact shall be the owner of the
account.
1.2. The features and details of the
Services governed by this Agreement are described on the web pages setting out
the particular services or products you have purchased (“Service Description
Page”) based on their description on the Service Description Page as of the
Effective Date, as defined below. Safnah.com IT Services may modify the
products and services it offers from time to time. Should the Service
Description Page change after the Effective Date, we have no obligation to
modify the Service to reflect such a change. The services and products provided
to you by Safnah.com IT Services as set out on the Service Description Page,
are referred to as the “Services.”
1.3. Certain aspects of the Services
are provided by third parties. These third parties may have reserved the right
to make changes, including material changes, to the services provided by them.
You may terminate this Agreement if such a change materially affects the
Services.
2. Term of Agreement
2.1. This Agreement becomes effective
immediately when Customer clicks “I Agree.” (“Effective Date”) and remains
effective and binding until terminated by either party as outlined below. This
Agreement may only be modified by a written amendment signed by an authorized
executive of Safnah.com IT Services, or by the posting by Safnah.com IT
Services of a revised version.
2.2. The term of this Agreement is
set to the Customer's billing term (“Term”). If no Term is set out, the Term
shall be one (1) year. Upon expiration of the Initial Term, this Agreement
shall renew for periods equal to the length of the Initial Term, unless one
party provides notice of its intent to terminate as set out in this Agreement.
3. Obeying the Law
3.1. Safnah.com IT Services is
registered and located within Baghdad, Iraq and as such, we are required to
comply with the laws and official policies of Baghdad, Iraq, regardless of
where the Services are provided. In addition, Safnah.com IT Services will
comply with appropriate laws and official policies set forth by Baghdad, Iraq.
4. Payments and Billing
4.1. Safnah.com IT Services will
automatically bill your payment method on file up to fifteen (15) days before
the due date on all terms of one (1) or more years; for terms less than one (1)
year in length, Safnah.com IT Services will attempt to bill your payment method
on file up to five (5) days before the due date. All fees are billed in United
States Dollars (“USD”) and are subject to change with thirty (30) days' notice
before notice to you.
4.2. Your “Billing Term” is the
period you have chosen to receive bills for the Services. For example, your
Billing Term may be monthly, quarterly, or annually.
4.3. Safnah.com IT
Services is only able to automatically collect payment from customers with
credit cards stored on file (as opposed to credit cards used one for one time
transactions) or active PayPal subscriptions. All other payment methods
(one-time credit card payments, check, money order, PayPal one-time payments,
etc.) must be initiated manually by you. You must ensure that reoccurring fees
are paid on their due date.
4.4. As a customer of
Safnah.com IT Services, it is your responsibility to ensure that all billing
information on file with Safnah.com IT Services is accurate and that any credit
card or other automated payment method on file has sufficient funds for
processing. You are solely responsible for all fees charged to your payment
method by the issuer, bank, or financial institution including, but not limited
to, membership, overdraft, insufficient funds, and over the credit limit fees.
Safnah.com IT Services screens all orders for fraud and other unethical
practices. Services will not be activated until this fraud screen is completed.
In certain cases, if your account is flagged for fraud, third-party services,
such as domain name registrations, will not be processed. Safnah.com IT
Services has no liability for the failure to provide Services, including
third-party services if your account fails its fraud screen.
5. Late Payments
5.1. Any account not
paid in full by the end of the first day of the Billing Term will be given a
seven (7) day grace period. If payment is not made within the seven (7) day
grace period, Safnah.com IT Services reserves the right to suspend your Service(s)
with Safnah.com IT Services and to charge a $10 "late penalty."
Fourteen (14) days following suspension of Services for non-payment, Safnah.com
IT Services reserves the right to terminate Service(s) for non-payment.
5.2. Safnah.com IT
Services is not responsible for any damages or losses as a result of suspension
or termination for non-payment of your account. In addition, Safnah.com IT
Services reserves the right to refuse to re-activate your Services until all
outstanding invoice(s) have been paid in full.
6. Refund Policy and
Billing Disputes
6.1. No refunds are
offered on web hosting services, dedicated server packages, custom packages,
setup fees, domain registrations, domain transfers, domain renewals, SSL
certificates, WHMCS Licenses, addons, dedicated IP addresses, advanced support
fees, processing fees, or software licenses, and some timed services.
Safnah.com IT Services reserves the right to deduct fees for value-added
services that may have been included in the Services at no additional fee, such
as an SSL certificate or free domain name registration, from any refunds or
account credits.
6.2. Refunds will be
issued only to the payment method that the original payment was sent from, and
may take up to one (1) week to process. Eligible payments older than sixty (60)
days may require a refund via PayPal due to Safnah.com IT Services' merchant
account policies and procedures.
6.3. The following
methods of payment are not refundable under any circumstances, and refunds will
be posted solely as credit to the hosting account for current or future
Services: bank wire transfers, Western Union payments, checks, and money
orders.
6.4. Safnah.com IT
Services will not activate new orders or provide additional Services for
customers who have an outstanding balance with Safnah.com IT Services. For a
new order to be set up or a new package to be activated, you must have a
balance of $0.00, unless otherwise stated by Safnah.com IT Services in writing.
6.5. Exchange rate
fluctuations for international payments are constant and unavoidable. Like all
payments, all refunds are processed in U.S. dollars and will reflect the
exchange rate in effect on the date of the refund. All refunds are subject to
this fluctuation and Safnah.com IT Services is not responsible for any change
in exchange rates between time of payment and time of refund. In addition,
Safnah.com IT Services reserves the right to refuse a refund at any time for
any or no reason.
6.6. If you believe
there is an error in Safnah.com IT Services' billing, you must contact
Safnah.com IT Services about it, in writing, within thirty (30) days of the
date you are billed or charged. Safnah.com IT Services' obligation to consider
your claim is contingent on your providing it with sufficient facts for
Safnah.com IT Services to investigate your claims. You waive your right to
dispute any charges or fees if you fail to notify Safnah.com IT Services in
writing or meet the deadline set out above. If Safnah.com IT Services finds
that your claim is valid, Safnah.com IT Services agrees to credit your account
on your next billing date. Third-party fees are not subject to this dispute
provision and are final.
7. Chargebacks,
Reversals, and Retrievals
7.1. If Safnah.com IT
Services receives a chargeback or payment dispute from a credit card company,
bank, or Paypal, your Services may be suspended without notice. A $50
chargeback fee (issued to recoup mandatory fees passed on to Safnah.com IT
Services by the credit card company), plus any outstanding balances accrued as
a result of the chargeback(s), must be paid in full before service is restored.
Instead of issuing a chargeback, please contact Safnah.com IT Services' billing
team to address any billing issues.
7.2. If Safnah.com IT
Services appeals a chargeback or other payment dispute and wins the dispute or
appeal, the funds will likely be returned to Safnah.com IT Services by the
credit card company or bank. Any double payment resulting from this process
will be applied to the Customer's account in the form of service credit.
8. Cancellation of
Services
8.1. Either party may
terminate this Agreement by providing notice to the other as provided herein.
8.2. You may cancel
the service by emailing us at support @ Safnah.com IT Services. To reduce the
likelihood of error and ensure the security of your account, Safnah.com IT
Services does not accept cancellations via any other method or location,
including, but not limited to, telephone, or live chat. Cancellations are not
final until confirmed by a representative of Safnah.com IT Services in writing
by email.
8.3. Cancellations
must be requested via the email indicated above 48 hours or more before the
Service's renewal date. If a cancellation notice is not received within the
required time frame, you will be billed for the next Billing Term and are
responsible for payment as set forth above.
8.4. If you pay Safnah.com IT
Services via PayPal, it is your responsibility to cancel any subscription for
recurring PayPal payments. Safnah.com IT Services (which has no control over
PayPal subscription payments) is not responsible for payments made from your
PayPal account after cancellation and is under no obligation to refund such
payments made after cancellation.
8.5. Safnah.com IT
Services may terminate this Agreement at any time by providing notice to
Customers via email. Should Safnah.com IT Services terminate this Agreement for
any reason other than a material breach, or violation of Safnah.com IT
Services' Acceptable Use Policy, any prepaid fees shall be refunded.
8.6. One party may also terminate this Agreement upon the occurrence of a
material breach that has not been cured by the other party within ten (10) days
of their receipt of written notice of the breach. To define a material breach,
materiality shall be determined from the perspective of a reasonable business
person with significant experience in conducting business on the Internet.
Notices of material breach must contain sufficient detail for the party against
whom the assertion of material breach is directed to identify the breach and
attempt to take corrective action.
9. Refusal of Service
9.1. Safnah.com IT Services reserves
the right to refuse service to anyone at any time. Any material that, in
Safnah.com IT Services' judgment, is obscene, threatening, illegal, or violates
Safnah.com IT Services' terms of service in any manner may be removed from
Safnah.com IT Services' servers (or otherwise disabled), with or without notice.
9.2. Similarly, Safnah.com IT
Services reserves the right to cancel, suspend, or otherwise restrict access to
the Service(s) it provides at any time, for any or no reason, and with or
without notice. Safnah.com IT Services is not responsible for any damages or
loss of data resulting from such suspension or termination.
9.3. If any manner of communication
with Safnah.com IT Services' staff could be construed as belligerent, vulgar
(curse words), attacking, highly rude, threatening, or abusive, you will be
issued one warning. If the communication continues, your account may be
suspended or terminated without a refund. This includes, but is not limited to,
threats to sue, slander, libel, publicly post, or initiate a chargeback.
9.4. Safnah.com IT Services happily
accepts orders from outside Iraq but may limit accounts from certain countries
with a high fraud rate. To help protect Safnah.com IT Services and its
customers from fraud, Safnah.com IT Services may ask you to provide a copy of
government-issued identification and/or a scan of the credit card used for the
purchase. If you fail to meet these requirements, the order may be considered
fraudulent and denied.
9.5. Safnah.com IT Services cannot
accept any orders originating from countries that the United States has
established an embargo on or otherwise prohibited trade with. By becoming a
customer, you represent and warrant that: (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a "terrorist supporting" country; and (ii) you are
not listed on any U.S. Government list of prohibited or restricted parties.
10. Resource Usage
10.1. Each customer
is required to utilize as little server resources as possible, to allow for
reasonable performance by all Safnah.com IT Services customers. Because server
CPU and memory are shared resources, excessive consumption of these resources can
interfere with or completely prevent normal service performance for other
users. Safnah.com IT Services reserves the right to suspend or terminate
Services on any account that, at its sole discretion, is abusing server
resources. Such suspension or termination can occur at any time without prior
warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage
Definitions.
10.2 Cloud VPS
services leverage a shared, network-based, Storage Area Network (SAN) and
shared Hardware Virtual Machines (HVM) providing Central Process Unit (CPU)
time. To allow reasonable performance for all customers, individual customers
are expected to demonstrate responsible resource usage of the Storage Area
Network (disk throughput MB/s / disk IN/OUT operations per second), Hardware
Virtual Machine CPU (Central Processor Unit Time), and any other shared
resource not explicitly mentioned herein. Safnah.com IT Services regularly
monitors all Storage Area Networks and Hardware Virtual Machine CPU loads for
normal usage patterns and routinely evaluates customer deployments for abnormal
usage patterns. Safnah.com IT Services reserves the right to suspend,
terminate, and/or limit (such as through disk throughput limiting, in/out
operation per second limiting, and lowering of CPU priority) services on any
account, that at its sole discretion, is using an abnormally large amount of
shared resources. Such suspension, termination, or limitation can occur at any
time without prior warning, and for any or no reason.
11. Bandwidth Usage
11.1. You are
allocated a monthly bandwidth allowance depending on the hosting package you
purchase. See Disk Space, Bandwidth, and Email Usage Definitions.
11.2. Should your
account pass the allocated amount, Safnah.com IT Services reserves the right
to: a) suspend the account until the start of the next allocation, b) suspend
the account until more bandwidth is purchased at an additional fee, c) suspend
the account until you upgrade to a higher level of package, and/or d) charge
you an additional fee for the overages.
11.3. Unused transfer
in one month cannot be carried over to the next month and bandwidth is not
pooled among multiple servers or accounts unless otherwise specified by a
representative of Safnah.com IT Services in writing.
11.4. Like other
resources, customers are expected to demonstrate responsible usage of bandwidth
resources, to allow for reasonable performance by all Safnah.com IT Services
customers. Safnah.com IT Services regularly monitors bandwidth usage and reserve
the right to suspend, terminate, and/or limit (such as through port speed
limiting) Services on any account, that at its sole discretion, is using an
abnormally large amount of bandwidth. Such suspension, termination, or
limitation can occur at any time without prior warning, and for any or no
reason.
12. Licenses
12.1. Safnah.com IT
Services grants to you a non-exclusive, non-transferable, worldwide,
royalty-free license to use a technology provided by Safnah.com IT Services
solely to access and use the Services. This license terminates on the
expiration or termination of this Agreement. Except for the license rights set
out above, this license does not grant any additional rights to you. All right,
titles and interest in Safnah.com IT Services' technology shall remain with
Safnah.com IT Services or its licensors. You are not permitted to circumvent
any devices designed to protect Safnah.com IT Services or its licensor's
ownership interests in the technology provided to you. In addition, you may not
reverse engineer this technology.
12.2. You grant
Safnah.com IT Services, or to any third parties used by Safnah.com IT Services
to provide the Services, a non-exclusive, non-transferable, worldwide,
royalty-free, license to use, disseminate, transmit and cache content,
technology, and information provided by you and, if applicable, your End Users,
in conjunction with the Services. This license terminates on the expiration or
termination of this Agreement. All right, titles and interests in your technology
shall remain with you, or your licensors.
13. Service
Modifications
13.1. Safnah.com IT
Services reserves the right to add, modify, or remove any or all features from
any service Safnah.com IT Services provides, at any time, with or without notice.
This includes, but is not limited to, disk space limits, bandwidth limits,
domain limits, pricing, and third-party applications. These changes can be made
for any or no reason and Safnah.com IT Services does not guarantee the
availability of any feature, whether written or implied. If the removal of a
feature materially impacts your ability to use the Service, you may terminate
this Agreement. For this paragraph only, the term “materially” means that a
reasonable business person would not have purchased the Services for the
purposes used by you.
14. Uptime Guarantee
14.1. Safnah.com IT
Services guarantees that your website and services that directly affect its
display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the
time in any given calendar month. If Safnah.com IT Services fails to meet its
Uptime Guarantee, you will be issued a credit equivalent to one (1) day of
service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of
downtime per month are not counted towards any credit and the maximum credit
available is one (1) month of service.
14.2. Credits are
only available for future services/invoices and cannot be issued as refunds.
All credit requests must be sent via our official request form at
http://www.Safnah.com IT Services.com/credit/ no later than the tenth (10th)
day of the month following the SLA (as that term is defined below) violation.
Credits are issued based on the uptime for the previous calendar month only and
requests not submitted within the required time frame cannot be approved.
14.3. For example, if
you experienced less than 99.9% uptime in November, you would need to submit
your credit request no later than December 10th.
14.4. The following
circumstances are not eligible for credit and are specifically excluded from
our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware
failure, third-party software failure, customer maxing its resource container,
issues resulting from errors or omissions by the customer, issues relating to
the customer's ISP, firewall blocks/bans, or any other circumstance beyond our
reasonable control. This clause does not apply to subscribers of Virtual
Dedicated Server (“VDS”) or Dedicated Server packages. All credits are at the
discretion of Safnah.com IT Services, based on its investigation of any issue
that is covered by this section.
14.5. If Safnah.com IT Services provides a credit, or Service Level
Agreement, for a particular Service, this shall be your sole and exclusive
remedy for defects in, or issues with, the Service.
15. Support Policy
15.1. Safnah.com IT
Services will provide technical support to you twenty-four (24) hours a day,
three-hundred-sixty-five (365) days a year. The only official method for
technical support is via Safnah.com IT Services' help desk at
https://www.Safnah.com/support IT Services.com/contact-us.htm. Telephone and
live chat support are not official methods of support and are governed by the
terms and conditions outlined in the following clause.
15.2. Limited support
will be provided, at Safnah.com IT Services' discretion and subject to
availability of staff, via telephone and/or live chat. Safnah.com IT Services
will always do its best to provide fast, friendly, and helpful support over the
telephone and live chat, but these options are not official methods of support
and no guarantee is made as to the availability, accessibility, or technical
expertise provided via these mediums.
15.3. Inquires via
telephone or live chat support should be limited to general questions which do
not require access to any account or server to investigate or resolve and
should not be used to request the status of or provide updates to a help desk
ticket. Any issue requiring investigation, research, or access to an
account/server should be sent via the help desk. Safnah.com IT Services
reserves the right to direct any issue to the help desk at its discretion and
to refuse to provide support for such issues via telephone or live chat.
15.4. Resellers are
responsible for supporting their customers. Safnah.com IT Services does not
provide support to its resellers' customers. If a reseller's customer contacts
Safnah.com IT Services, Safnah.com IT Services reserves the right to place the
customer account on hold until the reseller can assume its responsibility for
its customer. All support requests must be made by the reseller on its
customers' behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller's account and the actions of
their customers. Safnah.com IT Services will hold any reseller responsible for
any of its customers' actions that violate the law or the terms of service
outlined in this Agreement.
16. Backup Services
16.1. Your use of Safnah.com IT
Services is at your sole risk. This service is provided to you as a courtesy. Safnah.com
IT Services is not responsible for files and/or data residing on your account.
You agree to take full responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored on Safnah.com IT
Services' servers. All backup services provided by Safnah.com IT Services,
whether paid or not, are offered with no warranty or guarantee of their date,
accuracy, and integrity.
16.2. Backups are
performed on servers that house shared and reseller packages only. No backups
are performed for virtual private server (VPS/VDS) or dedicated server packages
unless you specifically purchase an additional service for this purpose. If
your hosting account exceeds 150,000 inodes, the account will not be included
in Safnah.com IT Services' automatic backup process.
16.3. If you ask Safnah.com IT Services to restore a backup of your data
that is located on a backup server maintained by Safnah.com IT Services, you
agree to pay a non-refundable "restoration fee" of $10.00 per backup
restored to complete the request. By requesting that Safnah.com IT Services
restore a backup for you, you also confirm a backup restoration will overwrite
all current data on your account. Safnah.com IT Services cannot be held liable
if a backup restoration does not complete successfully. Safnah.com IT Services
will never charge a backup fee to restore a backup to address an error or
omission caused by Safnah.com IT Services.
17. Domain Name Registrations, Transfers, and Renewals
17.1. Safnah.com IT Services
will make every effort to ensure domain names are registered, transferred,
and/or renewed on time. If a domain name registration, renewal, or transfer is
not processed when due, it is your responsibility to contact Safnah.com IT
Services within fifteen (15) days of the incident for Safnah.com IT Services to
investigate. Redemption fees may be charged to Customer for domains that remain
expired for more than thirty (30) days when no contact is made to Safnah.com IT
Services in the required timeframe. Safnah.com IT Services' liability is
limited to the amount paid for the domain name.
17.2 For generic
top-level domains governed by ICANN, you agree that you may not transfer your
domain registration to another domain registrar during the first sixty (60)
days from the effective date of your: (1) initial domain registration or (2)
completion of a domain transfer into Safnah.com IT Services. If you choose to
utilize our transfer lock service, you agree to provide written authorization
(electronic acceptance is acceptable) to Safnah.com IT Services for the
transfer of the domain to another registrar and agree to pay all fees that may
be charged by Safnah.com IT Services to effect the transfer. You agree your
request to transfer your domain to another registrar may be denied according to
the Inter-Registrar Transfer Policy (available here).
17.3 For country-code
top-level domains, as established by each registry, you agree that you may not
transfer a domain to another registrar during the first sixty (60) days of the
initial registration or after expiration of the domain. You agree your request
to transfer your domain to another registrar may be denied according to the
Inter-Registrar Transfer Policy (available here).
18. Expired Domain
Deletion Policy
18.1. Immediately
after the expiration of the term of a domain name's registration services and
before deletion of the domain name in the applicable registry's database, you
acknowledge that Safnah.com IT Services may direct the domain name to name servers
and IP address(es) designated by Safnah.com IT Services, including, without
limitation, to no IP address or to IP address(es) which host a parking page
and/or a commercial search engine that may display advertisements. You
acknowledge that Safnah.com IT Services may either leave your WHOIS information
intact or that Safnah.com IT Services may change the contact information in the
WHOIS output for the expired domain name so that you are no longer the listed
registrant of the expired domain name.
18.2. For
approximately thirty (30) days after the expiration of the term of domain name
registration services, you acknowledge that Safnah.com IT Services may provide
a procedure by which expired domain name registration services may be renewed.
You acknowledge and agree that Safnah.com IT Services may, but is not obligated
to, offer this process, called the "reactivation period." You
acknowledge that you assume all risks and all consequences if you wait until
close to or after the expiration of the original term of domain name
registration services to attempt to renew the domain name registration
services. You acknowledge that Safnah.com IT Services, for any reason and in
its sole discretion, may choose not to offer a reactivation period and that
Safnah.com IT Services shall not be liable therefore. You acknowledge that
reactivation period renewal processes, if any, may involve additional fees
which Safnah.com IT Services may determine at its discretion. You acknowledge
and agree that Safnah.com IT Services may make expired domain name services(s)
available to third parties, that Safnah.com IT Services may auction off the
rights to expired domain name services (the auction beginning near the end or
after the end of the reactivation period), and/or that expired domain name
registration services may be re-registered to any party at any time.
19. IP Address Allocation
19.1. Any dedicated
IP order, in addition to ones provided with a hosting package, may be subject
to IP justification. Justification practices are subject to change to remain in
conformity with policies of the American Registry for Internet Numbers
(“ARIN”). Safnah.com IT Services reserves the right to deny any dedicated IP
request based on insufficient justification or current IP utilization.
20. Acceptable Usage
Policy
20.1. You shall use
Safnah.com IT services only for lawful purposes. Transmission, storage, or
presentation of any information, data, or material in violation of the laws of
Baghdad, Iraq is prohibited. This includes, but is not limited to copyrighted
material in which you are not the copyright holder, material that is
threatening or obscene, or material protected by trade secrets or other
statutes. You agree to indemnify and hold harmless Safnah.com IT Services from
any claims resulting from the use of the service which damages you or any other
party.
20.2. Safnah.com IT
Services reserves the right to terminate Services for any customer or End User
activity that exposes it to legal liability or endangers its ability to provide
services to other customers. The contents, links, or actions on any Services
listed below are a violation of this Agreement. This is not an exhaustive list,
but is designed to assist you in evaluating whether Safnah.com IT Services is
the appropriate service provider for you:
- Child Pornography - Hosting, Distributing, or Linking to Pornography
Involving a Person Under Legal Age.
- Copyright Infringement - Hosting,
Distributing, or Linking to Copyright Infringed Materials.
- CPU/Memory/Resource Abuse -
Consuming Excessive Amount of Server Resources Causing Server Performance
Issues.
- DoS Source - Source of Denial of
Service Attack.
- DoS Target - Target of Denial of
Service Attack.
- File Scripts - File Dump/Mirror
Scripts (similar to RapidShare).
- Forgery - Faking an IP Address,
Hostname, E-Mail Address, or Header.
- Fraud Site - Hosting or Linking to
a Website Intended to Deceive the Public including, but not limited to sites
listed at aa419.org & escrow-fraud.com.
- HYIP - Hosting or Linking to a High
Yield Investment Program Website.
- Identity Theft - Hosting,
Distributing, or Linking to Stolen Account Identification Information.
- Infection - Hosting, Distributing,
or Linking to Exploits, Trojans, Viruses, or Worms.
- Investment Sites - FOREX, E-Gold
Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield
Interest Programs (HYIP) or Related Sites.
- IRC - Internet Relay Chat Server,
including IRC Scripts/Bots.
- Mass Storage - Storing Mass Amounts
of Backups, Archives, Videos, etc.
- PayDay Loan Sites - including any
site related to PayDay loans, PayDay loan affiliate programs, etc.
- Pharmacy Sites - Sites that engage
in the illegal distribution of prescription medications, including, but not
limited to, promotion, marketing, or sale of prescription medications without a
valid prescription.
- Phishing - Identity Theft by Email
Under False Pretense.
- Proxy Site - Hosting of or linking
to an Anonymous Proxy Server.
- Bulk Email - No more than 500
emails of similar content (Opt-In).
- Spam Email - Unsolicited Commercial
Email (UCE) or Unsolicited Bulk Email (UBE).
- Spam List - Hosting, Distributing,
or Linking to Email Address Lists for Spam.
- Spam Site - A Site Advertised by
Spam Email or Spam Web.
- Spam Ware - Hosting, Distributing
or Linking to Software Designed for Spamming.
- Spam Web - Unsolicited, Bulk, or
Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media.
- Spamhaus - Spam Causing
Blacklisting of an IP at www.spamhaus.org for Malicious Activity.
- Terrorist Site - Hosting or Linking
to a Site Advocating Terrorism.
- Toolz - Hosting, Distributing, or
Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal
Activity.
- Trademark - Hosting, Distributing,
or Linking to Trademark Infringed Materials.
- Warez - Hosting, Distributing or
Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software.
- Any other material Safnah.com IT
Services judges to be threatening or obscene.
20.3. In addition,
hosting accounts may not be resold unless the account is a Reseller account,
VPS, or dedicated server. You may not resell individual services within any
single account such as web space, emails accounts, add-on domains, or mailing
lists. All domains, add-on domains, and subdomains must be for sites controlled
by or promoting published content or businesses that are solely controlled by
the owner of the account as described above.
21. Restrictions on
Storage Space Usage
21.1. All accounts
are subject to the following restrictions on storage space usage: a) accounts
must have valid, working websites, and not violate any previously subscribed
terms; b) accounts are not for use of mass storage of backups, files, audio,
video, zip files or others, as determined by Safnah.com IT Services, at its
sole discretion; and c) accounts are not for use of mass distribution of files,
such as torrents or mirrors. Any account found violating these terms may be
suspended or terminated without warning.
22. Multi-Location
Hosting
22.1. Safnah.com IT Services does not guarantee the availability of all host
locations and reserves the right to add, move, modify, or remove any location
at any time without notification. Safnah.com IT Services also reserves the
right to deny the transfer of any account to a new location for any or no
reason.
23. Warranties
23.1. Your Warranties
to Safnah.com IT Services
23.1.1. You represent
and warrant to Safnah.com IT Services that: (i) you have the experience and
knowledge necessary to use the Services; (ii) you will provide Safnah.com IT
Services with material that may be implemented by it to provide the Services
without extra effort on Safnah.com IT Services' part; and (iii) you have
sufficient knowledge about administering, designing, and operating the
functions facilitated by the Service to take advantage of it.
23.1.2. You expressly
warrant that you own the entire right, title, and interest to, or have an
appropriate license to use, all material provided to Safnah.com IT Services, or
which may be accessed or transmitted using the Services. You also warrant that
to the extent you do business with other parties using the Services, that they
have the same ownership interests in the materials provided to you, or accessed
via you, that are set out in this paragraph.
23.2. Safnah.com IT
Services' Warranties
23.2.1. YOU EXPRESSLY
AGREE THAT THE USE OF SAFNAH.COM IT
SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND
AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, Safnah.com IT
Services HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED.
THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY, AND/OR TITLE. NEITHER Safnah.com IT Services, ITS PARENT, ITS
EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS
LICENSERS OR THE LIKE, WARRANT THAT SAFNAH.COM IT SERVICES WILL NOT BE
INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR
RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED
THROUGH SAFNAH.COM IT SERVICES NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN
THIS AGREEMENT. Safnah.com IT Services SPECIFICALLY DISCLAIMS ANY AND ALL
WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER
THOSE SERVICES APPEAR TO BE PROVIDED BY Safnah.com IT Services. NO WARRANTIES
MADE BY THESE THIRD PARTIES TO Safnah.com IT Services SHALL BE PASSED THROUGH
TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
23.2.2. THE WARRANTY
DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN
INFORMATION YOU MAY HAVE RECEIVED FROM Safnah.com IT Services, ITS EMPLOYEES,
THIRD-PARTY VENDORS, AGENTS, OR AFFILIATES. YOU MAY NOT RELY ON SUCH
INFORMATION.
23.2.3. SOME STATES
DO NOT ALLOW Safnah.com IT Services TO EXCLUDE CERTAIN WARRANTIES. IF THIS
APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE
DATE.
23.3. The parties
expressly disclaim the applicability of the United Nations Convention on the
International Sale of Goods.
24. Limitation of
Liability
24.1. YOU ALSO ACKNOWLEDGE AND ACCEPT
THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE
(1) MONTH OF SERVICE.
24.2. UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL Safnah.com IT Services, ITS OFFICERS, AGENTS, OR
THIRD PARTIES PROVIDING SERVICES THROUGH Safnah.com IT Services, BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST
SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU,
ANY OF YOUR END USERS OR ANY THIRD PARTY; 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 Safnah.com IT Services RECORDS, PROGRAMS OR SERVICES.
YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF Safnah.com IT Services HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS
PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS,
Safnah.com IT Services LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
25. Indemnification
25.1. You agree to
indemnify, defend and hold harmless Safnah.com IT Services, and its parent,
subsidiary, and affiliated companies, third-party service providers, and each
of their respective officers, directors, employees, shareholders, and agents
(each an “indemnified party” and collectively, “indemnified parties”) from and
against all claims, damages, losses. liabilities, suits, actions, demands,
proceedings (whether legal or administrative), and expenses (including, but not
limited to, reasonable attorneys' fees) threatened, asserted, or filed by a
third party against any of the indemnified parties arising out of, or relating
to (i) your use of the Services; (ii) any violation by you of any of Safnah.com
IT Services' policies; (iii) any breach of any of your representations,
warranties or covenants contained in this Agreement; or (iv) any acts or
omissions by you. The terms of this section shall survive any termination of
this Agreement. For this paragraph only, the terms used to designate you to
include you, your customers, visitors to your website, and users of your
products or services the use of which is facilities by Safnah.com IT Services.
26. Governing Law and
Disputes
26.1. This agreement
shall be governed by the laws of Baghdad, Iraq, as applicable. Exclusive venue
for all disputes arising out of or relating to this Agreement shall be the
state and federal courts in Dubai - United Arab Emirates, and each party agrees
not to dispute such personal jurisdiction and waives all objections thereto.
27. Partial Invalidity
27.1. If any
provision of this Agreement is held to be invalid by a court of competent
jurisdiction, then the remaining provisions shall nevertheless remain in full
force and effect. Safnah.com IT Services and Customer agree to renegotiate any
term held invalid and to be bound by mutually agreed substitute provision.
28. Changes to the Terms of Service
28.1. Safnah.com IT
Services reserves the right to modify this Agreement, in whole or in part, from
time to time. Safnah.com IT Services will provide you with notices of such a
change by posting a notice on your control panel. Unless Safnah.com IT Services
is required to make a change in an emergency, any change will be effective
thirty (30) days after it is posted. If such a change materially diminishes
your ability to use the Services, you may terminate this Agreement. You are
encouraged to review the content of this Agreement regularly.
29. Assignment
29.1. This Agreement
may be assigned by Safnah.com IT Services. It may not be assigned by you. This
Agreement shall bind and inure to the benefit of the corporate successors and
permitted assigns of the parties.
30. Force Majeure
30.1. Except for the
obligation to pay monies due and owing, neither party shall be liable for any
delay or failure in performance due to events outside the defaulting party's
reasonable control, including, without limitation, acts of God, earthquake,
labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of
telecommunication carriers, or delays of common carriers or other circumstances
beyond its reasonable control. The obligations and rights of the excused party
shall be extended on a day-to-day basis for the period equal to the period of
the excusable delay. The party affected by such an occurrence shall notify the
other party as soon as possible but in no event less than ten (10) days from
the beginning of the event.
31. No Waiver
31.1. No waiver of
rights under this Agreement or any Safnah.com IT Services policy, or agreement
between Customer and Safnah.com IT Services shall constitute a subsequent
waiver of this or any other right under this Agreement.
32. No Agency
32.1. This Agreement
does not create any agency, partnership, joint venture, or franchise
relationship. Neither party has the right or authority to, and shall not,
assume or create any obligation of any nature whatsoever on behalf of the other
party or bind the other party in any respect whatsoever.
33. Survival
33.1. The following
paragraphs shall survive the termination of this Agreement: 19, 25 through 28,
and 34.
34. HIPAA Disclaimer
34.1. We are not "HIPAA compliant." Users are solely responsible
for any applicable compliance with federal or state laws governing the privacy
and security of personal data, including medical or other sensitive data. Users
acknowledge that the Services may not be appropriate for the storage or control
of access to sensitive data, such as information about children or medical or
health information. Safnah.com IT Services does not control or monitor the
information or data you store on or transmit through, our Services. We
specifically disclaim any representation or warranty that the Services, as
offered, comply with the federal Health Insurance Portability and
Accountability Act ("HIPAA"). Customers requiring secure storage of
"protected health information" under HIPAA are expressly prohibited
from using this Service for such purposes. Storing and permitting access to
"protected health information," as defined under HIPAA is a material
violation of this User Agreement, and grounds for immediate account termination.
We do not sign "Business Associate Agreements" and you agree that
Safnah.com IT Services is not a Business Associate or subcontractor or agent of
yours according to HIPAA. If you have questions about the security of your
data, you should contact customer support.
This
Partnership Agreement (the "Agreement") is made and entered into this
[insert date here] (the "Effective Date"). The Partners in this
Agreement are as follows:
- Safnah.com IT
Services
- Your Business
Name
The
Partners of this Agreement agree to the following:
I. NAME
This
Partnership will be known as [insert legal name] (the "Partnership").
II. THE PARTNERSHIP
- The Partners
wish to become legal partners in business.
- The terms and
conditions of their Partnership will be outlined in this Agreement.
- If the
Agreement is executed, the Partnership will be in effect on [insert date].
- The Partnership
will only be terminated as outlined in this Agreement.
- The
Partnership's primary place of business will be [insert primary business
address].
- The Partnership
will be governed under the laws of the state of [insert state].
- The
Partnership's primary purpose is [insert purpose of partnership].
- If applicable,
the Partners will obtain any necessary licenses and permits to do
business, register its Doing Business As Name ("DBA"), and
obtain a Federal Employer Identification Number ("EIN").
III. CONTRIBUTIONS
The
Partners will make an initial contribution to the Partnership as follows:
- [insert name of
Partner 1]: $[insert amount]
- [insert name of
Partner 2]: $[insert amount]
- Contributions
will be submitted no later than [insert date]. All capital contributions are
final unless all partners give written consent of withdrawal. All contributions
will be deposited into an individual capital account.
IV. INTEREST AND AUTHORITY
The
Partners' ownership interest in the Partnership will be as follows:
- [insert name of
Partner 1]: [insert percentage]%
- [insert name of
Partner 2]: [insert percentage]%
The
Partners' authority will be defined by the following unless otherwise stated in
the Agreement: Any decisions requiring a contract or otherwise will require a
unanimous vote by all Partners.
The
Partnership qualifies and agrees to opt-out of appointing a partnership
representative under 26 U.S. Code § 6221.
V. COSTS
The
Partners will share costs according to the following percentages:
- [insert name of
Partner 1]: [insert percentage]%
- [insert name of
Partner 2]: [insert percentage]%
VI. PROFITS
The
Partners will share the net profits of the Partnership according to the
following percentages:
- [insert name of
Partner 1]: [insert percentage]%
- [insert name of
Partner 2]: [insert percentage]%
The
Profits will be accounted for by [insert name] and distributed at the end of
the month according to the above percentages after the costs of the Partnership
have been paid according to the above cost percentages.
VII. SALARY
All
Partners must give their unanimous consent if a permanent salary is to be
established and their unanimous consent for the amount of salary to be given to
each Partner.
VIII. ACCOUNTING
- All accounts
related to the Partnership including contribution and distribution
accounts will be audited upon a majority vote of the Partners.
- All Partners
will maintain an individual contribution account. All Partners will
maintain an individual distribution account. Partners will keep accurate
and complete books of account for all accounts related to the Partnership.
- Any Partner,
whether majority or minority, will be allowed to review all books of
account at any time they request.
- Each Partner
will be responsible for his or her own taxes on any distributions made.
- Accounting
records will be kept on a cash basis.
- The fiscal year
will be complete on the last day of [insert day] of each year. All
Partners will present their position on the state of the Partnership
within two weeks of the completion of each fiscal year.
IX. NEW PARTNERS
The
Partnership will amend this agreement to include new partners upon the written
and unanimous vote of all Partners.
The name
of the Partnership may be amended if a new Partner is added to the Partnership
upon the written and unanimous vote of all Partners.
X. WITHDRAWAL OR DEATH
The
Partners hereby reserve the right to withdraw from the Partnership at any time.
Should a Partner withdraw from the Partnership because of choice or death, the
remaining Partners will have the option to buy out the remaining shares of the
Partnership. Should the Partners agree to buy out the shares, the shares will
be bought in equal amounts by all Partners. The Partners agree to hire an
outside firm to assess the value of the remaining shares. Only upon the
partners' unanimous agreement will the outside firm's valuation of the shares
be considered final. The Partners will have [insert number] days to decide if
they want to buy the remaining shares together and disperse them equally. If
all Partners do not agree to buy the shares, individual Partners will then have
the right to buy the shares individually. If more than one Partner requests to
buy the remaining shares, the shares will be split equally among those Partners
wishing to purchase the shares. Should all Partners agree by unanimous vote,
the Partnership may choose to allow a non-Partner to buy the shares thereby
replacing the previous Partner.
If no
individual Partner(s) finalizes a purchase agreement by [insert number] days,
the Partnership will be dissolved.
The name
of the Partnership may be amended upon the written and unanimous vote of all
Partners if a Partner is successfully bought out.
XI. DISSOLUTION
Should
the Partnership be dissolved by unanimous vote, the Partnership will be
liquidated, and the debts will be paid. All remaining funds after debts have
been paid will be distributed based on the percentage of ownership interest
outlined in this Agreement.
XII. AMENDMENTS
- Amendments may
be made hereto upon the unanimous and written consent of all Partners.
- Amendments must
be expressly written and have the original signatures of all Partners.
- All amendments,
notices, requests, claims, demands, and other communications between the
parties shall be in writing. All such written communications shall be
given (i) by delivery in person, (ii) by a nationally recognized next day
courier service, (iii) by first-class, registered or certified mail,
postage prepaid, (iv) by facsimile or (v) by electronic mail to the
addresses of the parties specified in this Agreement or such other addresses
specified in writing. All notices shall be effective upon (i) receipt by
the party to which the written communication is given, or (ii) on the 5th
day following mailing, whichever occurs first.
IN
WITNESS WHEREOF, this Agreement has been executed and delivered in the manner
prescribed by law as of the Effective Date first written above.
BY & DATE
This
Partnership Agreement (the "Agreement") is made and entered into this
[insert date here] (the "Effective Date"). The Partners in this
Agreement are as follows:
- Safnah.com IT
Services
- Your Business
Name
The
Partners of this Agreement agree to the following:
I. NAME
This
Partnership will be known as [insert legal name] (the "Partnership").
II. THE PARTNERSHIP
- The Partners
wish to become legal partners in business.
- The terms and
conditions of their Partnership will be outlined in this Agreement.
- If the
Agreement is executed, the Partnership will be in effect on [insert date].
- The Partnership
will only be terminated as outlined in this Agreement.
- The
Partnership's primary place of business will be [insert primary business
address].
- The Partnership
will be governed under the laws of the state of [insert state].
- The
Partnership's primary purpose is [insert purpose of partnership].
- If applicable,
the Partners will obtain any necessary licenses and permits to do
business, register its Doing Business As Name ("DBA"), and
obtain a Federal Employer Identification Number ("EIN").
III. CONTRIBUTIONS
The
Partners will make an initial contribution to the Partnership as follows:
- [insert name of
Partner 1]: $[insert amount]
- [insert name of
Partner 2]: $[insert amount]
- Contributions
will be submitted no later than [insert date]. All capital contributions are
final unless all partners give written consent of withdrawal. All contributions
will be deposited into an individual capital account.
IV. INTEREST AND AUTHORITY
The
Partners' ownership interest in the Partnership will be as follows:
- [insert name of
Partner 1]: [insert percentage]%
- [insert name of
Partner 2]: [insert percentage]%
The
Partners' authority will be defined by the following unless otherwise stated in
the Agreement: Any decisions requiring a contract or otherwise will require a
unanimous vote by all Partners.
The
Partnership qualifies and agrees to opt-out of appointing a partnership
representative under 26 U.S. Code § 6221.
V. COSTS
The
Partners will share costs according to the following percentages:
- [insert name of
Partner 1]: [insert percentage]%
- [insert name of
Partner 2]: [insert percentage]%
VI. PROFITS
The
Partners will share the net profits of the Partnership according to the
following percentages:
- [insert name of
Partner 1]: [insert percentage]%
- [insert name of
Partner 2]: [insert percentage]%
The
Profits will be accounted for by [insert name] and distributed at the end of
the month according to the above percentages after the costs of the Partnership
have been paid according to the above cost percentages.
VII. SALARY
All
Partners must give their unanimous consent if a permanent salary is to be
established and their unanimous consent for the amount of salary to be given to
each Partner.
VIII. ACCOUNTING
- All accounts
related to the Partnership including contribution and distribution
accounts will be audited upon a majority vote of the Partners.
- All Partners
will maintain an individual contribution account. All Partners will
maintain an individual distribution account. Partners will keep accurate
and complete books of account for all accounts related to the Partnership.
- Any Partner,
whether majority or minority, will be allowed to review all books of
account at any time they request.
- Each Partner
will be responsible for his or her own taxes on any distributions made.
- Accounting
records will be kept on a cash basis.
- The fiscal year
will be complete on the last day of [insert day] of each year. All
Partners will present their position on the state of the Partnership
within two weeks of the completion of each fiscal year.
IX. NEW PARTNERS
The
Partnership will amend this agreement to include new partners upon the written
and unanimous vote of all Partners.
The name
of the Partnership may be amended if a new Partner is added to the Partnership
upon the written and unanimous vote of all Partners.
X. WITHDRAWAL OR DEATH
The
Partners hereby reserve the right to withdraw from the Partnership at any time.
Should a Partner withdraw from the Partnership because of choice or death, the
remaining Partners will have the option to buy out the remaining shares of the
Partnership. Should the Partners agree to buy out the shares, the shares will
be bought in equal amounts by all Partners. The Partners agree to hire an
outside firm to assess the value of the remaining shares. Only upon the
partners' unanimous agreement will the outside firm's valuation of the shares
be considered final. The Partners will have [insert number] days to decide if
they want to buy the remaining shares together and disperse them equally. If
all Partners do not agree to buy the shares, individual Partners will then have
the right to buy the shares individually. If more than one Partner requests to
buy the remaining shares, the shares will be split equally among those Partners
wishing to purchase the shares. Should all Partners agree by unanimous vote,
the Partnership may choose to allow a non-Partner to buy the shares thereby
replacing the previous Partner.
If no
individual Partner(s) finalizes a purchase agreement by [insert number] days,
the Partnership will be dissolved.
The name
of the Partnership may be amended upon the written and unanimous vote of all
Partners if a Partner is successfully bought out.
XI. DISSOLUTION
Should
the Partnership be dissolved by unanimous vote, the Partnership will be
liquidated, and the debts will be paid. All remaining funds after debts have
been paid will be distributed based on the percentage of ownership interest
outlined in this Agreement.
XII. AMENDMENTS
- Amendments may
be made hereto upon the unanimous and written consent of all Partners.
- Amendments must
be expressly written and have the original signatures of all Partners.
- All amendments,
notices, requests, claims, demands, and other communications between the
parties shall be in writing. All such written communications shall be
given (i) by delivery in person, (ii) by a nationally recognized next day
courier service, (iii) by first-class, registered or certified mail,
postage prepaid, (iv) by facsimile or (v) by electronic mail to the
addresses of the parties specified in this Agreement or such other addresses
specified in writing. All notices shall be effective upon (i) receipt by
the party to which the written communication is given, or (ii) on the 5th
day following mailing, whichever occurs first.
IN
WITNESS WHEREOF, this Agreement has been executed and delivered in the manner
prescribed by law as of the Effective Date first written above.
BY & DATE
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