This document was last updated on 2014-12-12
These Terms of Service (the “Agreement”) are an agreement between Capital Arts, a key supplier of worldwide web page hosting services in Pakistan, or “we”, “us” and “ours”, “its” and the Users, “you” or “your” and “yours”. The agreement intends to set forth the general terms and conditions for the use of Capital Arts products and services (Collectively Services). Your use of these services warrants that you agree to be bound by this Agreement. If you do not agree to abide by this agreement, you are not authorized to use the services made available by Capital Arts. All customers of the services provided by Capital Arts are subject to the terms of service contained in the agreement. The agreement stipulates the rights, duties and obligations of Capital Arts and the User.
- Account Eligibility
- By registering with us or by using our services, you warrant that:
- You have attained the age of eighteen years (18) or you are older than 18 years. The services provided by Capital Arts are intended solely for people who are eighteen years (18) or older. If any user under the age of eighteen (18) years access to the services violates this Agreement.
- If you are using these services on behalf of any third party, you agree that you are authorized to act on the behalf of the other party binding it to this agreement and that you are authorized by other party for the actions you take in connection with the services.
- You are responsible to provide us you accurate, current and complete information as desired on the registration form. The information includes you valid email ID, different from the domain you sign up under. We require this email ID to contact you in case of an abuse issue or in time of need to contact you. You are responsible to ensure the accuracy, completeness and updating of the information of your account including domain accounts at all times. Capital Arts does not take any responsibility for any lapse in the services or domain registration due to obsolete information associated with any domain. If you desire to change your contact information or verify it for accuracy, please contact our support staff via email. Any false contact information may result in termination of your account. We may ask but not limit ourselves to government issued identification and scan copy of credit card or CNIC or other identification document used for purchase of dedicated servers or any other such services. Complete or part failure in providing the required information may result in denying your order.
- You agree to be fully responsible for the use of your account and any other actions that may take place via your account. You are responsible to maintain the security and confidentiality of your password for your account and any other such information related to the security of your account with us.
- You agree that any dedicated IP order other than provided with a hosting package is subject to IP justification. As IP justification practices change consistently to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We have the right to deny any dedicated IP request on the basis of insufficient justification and utilization of current IP.
- Reseller Terms and Client Responsibility
- Compliance of the terms and conditions outlined in this agreement by the client who purchases from resellers is the sole responsibility of the resellers.
- Resellers are responsible to provide support to their clients; we do not provide support to clients of Capital Arts resellers. Resellers are responsible for supporting their clients. If any of reseller’s client requests for support to us, we reserve the right place that account on hold to the time that reseller takes over the responsibility for its client. We require that resellers made support requests on behalf of their clients for security purposes.
- We hold resellers responsible for the content stored or transmitted by their clients. Resellers are also responsible for all actions carried out by their clients. If any of the client’s actions violates this agreement, reseller will be held responsible for that.
- Capital Arts takes no responsibility of the acts and omissions made by our resellers. Resellers hereby agree to indemnify Capital Arts from and against any such claims from any users resulting from resellers’ acts and omissions.
- We reserve the right to make changes in our reseller programs and promotions at any time without prior notice to the resellers. Such changes will take effect as these are posted online or any subsequent date or day as set forth by Capital Arts.
- Resellers hereby agree to assume all responsibility for billing and technical support for their clients.
- Account Setup
Your account will be setup after receiving payment and we or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under.
- NO WARRANTIES
- Capital Arts UNDER THIS AGREEMENT PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Capital Arts AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Capital Arts AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES
- THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE;
- AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR
- AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- Free Domain Offer
Only .com, .net or .org is free where ever free domain is mentioned. Personal packages below the price of Rs.2000 or 20$ will always be charged for domain renewals.
- Termination of Sub Account
Capital Arts reserves the right to terminate a sub account of your Multiple Domain Hosting Plan or Reseller Plan at anytime and without notice if found violating the acceptable use policy. All rights reserved.
- Payment Information
You agree to supply appropriate payment for the services received from Capital Arts , in advance of the time period during which such services are provided. You agree that until and unless you notify Capital Arts of your desire to cancel any or all services received, those services will be billed on a chronic basis. Capital Arts reserve the right to change the charges/rates of any or all the services at any time.
- Backups & Data Loss
- Your use of the service is at your own risk. We are not responsible for files and data residing on your account. You are responsible for files and data transferred and to maintain all appropriate backups of files and data stored on our servers. The backups that we take are meant to restore the servers as a whole. If you need backups of your old data that has been deleted due to non payment, or by your own mistake charges will apply.
- For active accounts we may do 1 courtesy restore free of charge. Restores will be charged at the rate of Rs. 2000 or 20$ per domain for budget, business or reseller packages and Rs. 4000 or 40$ for portal packages. We do not backup any accounts exceeding 5GB of disk space and exceeding 50,000 inodes.
- Cancellations and Refunds
- Capital Arts reserves the right to cancel any account any time. Customers may cancel their account any time.
- Money-back Guarantee.
- Capital Arts offers you an unconditional fifteen (15) days money back guarantee. You can avail money back guarantee within 15 days. Any refund request made after 15 days will not be entertained.
- The money back guarantee refund will be due to you only if you comply the terms and conditions of this agreement. You need to make written request to Capital Arts Support Team.
- The refund will be available only for shared hosting services. However refund will not include any administrative, installation for custom software, other setup fees.
- No refund will accrue and will not be paid under any circumstances, if you fail to make refund request within the given notice period.
- Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
- Non-refundable Products and Services
We do not offer any refund on Domains names, VPS, dedicated servers, administrative fees, and installation fee for custom software. If you have availed a free domain and you opted for a refund domain charges will be detected.
The users are required to pay the invoices within ten (10) days of the invoice due date. Any invoice that will remain outstanding for more than ten (10) days may result in the suspension or termination of services. The access to unpaid accounts will not be restored until payment is made into Capital Arts accounts. We may suspend or terminate your account and pursue the collection costs by Capital Arts, including but not limited to any arbitration, legal, and attorney’s fees. The users with outstanding balance on their account will not entertained with new orders and activation of new packages.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Capital Arts directly after you make a late payment to reactivate the dedicated server.
- Permitted CPU and Disk Usage
- Capital Arts provides hosting services according to the terms of this Agreement and the Acceptable Use Policy (AUP).
- Capital Arts may provide Shared hosting space that may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Capital Arts’s terms and conditions.
- Bandwidth Usage
Shared services are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
You agree to indemnify, defend and hold harmless Capital Arts, its affiliates, and its respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to;
- Your use of the Services,
- Any breach or violation by you of this Agreement; or
- Any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Capital Arts will not be responsible for any damages your business may suffer. we makes no warranties of any kind, expressed or implied for services we provide and we disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Capital Arts and its employees.
- Changes to the Terms & AUP
- Capital Arts may add, delete or modify portions of this Agreement at any time without prior notice to the users. You agree to any modification to this Agreement by continuing to use the Capital Arts website. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
- Capital Arts reserves the right to discontinue, change or modify any aspect of the services at any time.
- Refusal of Services
Capital Arts reserves the right to refuse service to anyone. Capital Arts also reserves the right to suspend a customer’s access to any or all services provided by Capital Arts at any time without notice or reason. Capital Arts also have the right to cancel or suspend a customer’s account if they violate this Accecptable Use Policy (AUP). We reserve the right to refuse, cancel, or suspend service at our sole discretion.
If a court of competent jurisdiction finds any provision or portion of any provision of this Agreement illegal, invalid or unenforceable, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Any failure or delay by Users or Capital Arts to exercise any right or remedy hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
- Assignment; Successors
The Users may not assign or transfer this Agreement or any of their rights or obligations hereunder, without the prior written consent of Capital Arts. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Capital Arts reserve the right to assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Third-Party Beneficiaries
Nothing in this Agreement be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
- Disclosure to Law Enforcement
Capital Arts believes in upholding of law. In this context we may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from law enforcement agencies.
- Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.