Purchase of services from Mail Hub constitutes acceptance and agreement to Mail Hub’s Terms of Service. From herewith in this Terms of Service (“TOS,” “Terms” or “Agreement”), the usage of “us”, “we”, “our” shall constitute reference to Mail Hub.
1. APPLICATION OF TERMS
1.2. This TOS, along with your Order, represent the entire agreement relating to the Services and repudiate any agreements previously entered into between you and Mail Hub. Any other contract provisions presented by you are expressly rejected.
1.3. The current TOS is always available on Mail Hub’s website. We may alter this TOS at any time with notification to you by email. If you differ with any changes, you must terminate your Services within ten business days of the date of the change. Only a Mail Hub officer may alter this TOS. No agent of, or person employed by, or under contract with, Mail Hub has any authority to alter or vary this TOS. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
2. GENERAL TERMS AND CONDITIONS
2.1. You will follow the standards and acceptable use policies of Mail Hub which are set out in our AUP.
2.2. You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.
2.4. Passwords will be provided for logging into your account, server and/or certain Services. You are solely responsible for all passwords. You must take due measures to keep all passwords confidential and employ security measures to prevent other users accessing them.
2.5. Mail Hub’s Service Level Agreement in Section A (SLA) states the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it.
2.6. Certain features of the Services will only be licensed to you. These features may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
2.7. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to assure that the Services are set up to meet your operational, privacy and security needs. Your hardware, software and any other items you consider necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to serve your use.
2.8. The Services are provided on as-is basis. The hardware configurations may change. Mail Hub may replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by Mail Hub. These contrasting configurations may result in slightly different performance from the Services.
2.9. The proprietary and third-party software we extend as part of the Service is provided as-is and is liable to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are along to those set out in this TOS. You must agree to those terms to use the software. Using the service will be affected if failed to accept. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.
2.10. We will use good faith efforts to backup data stored on the shared Services once a day (Shared Backups). Shared Backups are planned for internal use only and we cannot assure that a Shared Backup will be available for restore upon your request. It is your responsibility to backup data of all your content in order to prevent probable data loss.
Backup Services are provided “as-is”. Even if you purchase Backup Services, you agree that you will keep your own set of backups independent of those we maintain.
If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. If you purchase Backup Services from us, our only commitment is to recover your Space to its operating condition. While we may provide assistance, it is your obligation to restore your website.
We may regulate file extensions that are not suitable for backup and exclude them from the backup. Examples include, but are not limited to, music, movies and/or archives. It is your obligation to confirm whether particular files will be, or have been, backed up.
2.11. When your account is activated, we may place an index page to which your domain points (Index Page). You may disable this Index Page at any time.
If you terminate the Services, your domain may be pointed to a suspension page (Suspension Page). This page may contain advertising. We shall retain any benefits associated with the Index Page and Suspension Page.
3.1. You may avail Services from us in many different ways. For ease of reference, in this TOS the method you use to choose which Services to purchase is referred to as an “Order.” Each Order for Services by you shall be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order shall be assumed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the completion of the Initial Term, we shall renew your services as described in our Renewal Policy.
3.2. You must be over the age of eighteen at the time you place your Order.
3.3. We will review all Orders to determine if they meet our financial, security and other reasonable criteria (Fraud Check). We might need further details before we can process your Order. You may receive notice that your Order has been rejected because it fails to pass our Fraud Check. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Check. Orders that fail our Fraud Check will not be accepted and Service will not be provided. We have no liability for Orders that are not processed because they have failed our Fraud Check.
3.4. We are under no obligation to deliver any Services other than those described in the Order.
3.5. You shall provide to Mail Hub, at your cost, any information, resources or facilities reasonably requested by Mail Hub for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Mail Hub.
3.6. Any instructions provided by you to Mail Hub must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by Mail Hub due to any failure by you to comply with this paragraph and shall not be liable for any errors caused by such failure.
4. OWNERSHIP OF YOUR ACCOUNT
4.1. Your contact information is set out in the ‘My Account’ section.
4.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.
4.3. For clarification, the individual or entity set out in the Account Owner Information ‘My Account’ section of the My Web Area is considered by us to be the owner of the account and all associated services (Account Owner). If you are the Account Owner and are administering the account on behalf of a third party, you agree to administer this account in their best interests and indemnify us, pursuant to paragraph 11.2, should an individual or entity claim that they own the account, or its content, or that your administration has not, or is not, in their interest.
The individual or entity paying for the Services may not be considered to be the owner of the account. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
4.4. You are responsible for giving valid contact information and keeping your contact details up to date. If you fail to do so, Mail Hub accepts no liability in the event that it grants access to the account or gives ownership of the account to another person.
5.1. You are accountable for the charges set out on the Order, in the currency specified on the Order (Fees).
5.2. Invoices are due immediately upon receipt (Due Date). Mail Hub reserves the right to suspend the Services until payment is made. Time for payment is of the essence.
5.3. All Fees are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes and fees levied on the Services.
5.4. Our obligation to render the Services is contingent on your payment of the Fees by the Due Date. You are responsible for keeping at least one current payment method on file. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue.
5.5. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
5.6. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. Mail Hub is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
6. TERMINATION & CANCELLATION
Either party may terminate this TOS upon written notice to the other if one party defaults any terms of this TOS and the defaulting party fails to rectify the breach within ten days following the other party’s written notice, or immediately, if the breach is incapable of cure.
6.1. Termination by Mail Hub
Mail Hub may terminate this TOS if (i) you default in paying sums due (including Fees) to Mail Hub as they are due; (ii) in Mail Hub’s reasonable opinion, you lack needed technical knowhow to utilize the Services without continuous technical assistance; (iii) Mail Hub determines in good faith that continued provision of the Service has become improbable or unfeasible for technical, legal, regulatory or any other material reason; or (iv) you violate this TOS or any agreement incorporated by reference.
We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of the Service available to us, or if providing them to you becomes cost prohibitive.
6.2. Termination by you
You may terminate the Services at any time through the My Account area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable as set out in our Refunds Policy.
It is important to understand that certain Services are coupled. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of Services attached with it. We may retain data from terminated accounts for a considerable period after termination and provide you with access to that data upon request and availability. IP addresses, space and backup (including data on Backup Services) are recycled. It is your duty to make sure necessary steps are taken to transfer anything you need from the Services prior to termination. We have no obligation to forward e-mail following termination.
7. TECHNICAL SUPPORT
Our technical support is available for all current customers and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated clients or is within the scope of our paid support and development services, we may charge you additional support fees. No fees will be charged before receiving your consent.
If further technical support is requested, you may agree to grant us full access to all aspects of the Services based on your request. Responsibility of any changes made to your account after we complete your request solely rests with you.
All support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use take diligent efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
It is your duty to store a backup of your data and files before requesting technical support. If you are dissatisfied with the outcome of any technical support, it is your obligation to restore your files and data from your own backup.
8. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
8.1. Mail Hub retains ownership of all intellectual property rights in the Services. Mail Hub grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by Mail Hub are Mail Hub’s property or the property of their respective owners. No permission is given by Mail Hub to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.
8.2. If we have not provided a license for you to use software as part of the Services, you agree to acquire appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You must agree to furnish the copies of the Required Licenses following our written request.
8.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, Mail Hub reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
8.4. Unless otherwise specified in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
9. REPRESENTATIONS AND WARRANTIES
9.1. You represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) IS PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
10. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless us, our 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 any and 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 our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
12. CERTAIN INFORMATION
12.1. Both you and Mail Hub undertake not to disclose to an outsider any confidential data which you or Mail Hub get identifying with the substance or performance of this TOS, unless essential for a party to fulfill their commitments under this TOS, the Services or the other party’s business in general, and should obtain that each of its directors and employees might not do as such, aside from with the earlier consent in writing of the other party, as required by law, or to the extent to which that information is publicly accessible or already known to the receiving party at the date of receipt, other than through any unapproved disclosure by any individual.
12.2. Without prejudice to Paragraph 12.1., Mail Hub shall be entitled to mention your name as a client of Mail Hub and the name(s) of the Services which Mail Hub provides to you with your prior consent.
12.3. If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the Account Owner. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
13.1. Any notice to be given by either party to the other may be sent by email, support ticket, postal mail or recorded delivery if (i) to you, the Account Owner; or (ii) to us, as set out in paragraph 13.4. In addition, we may communicate with you using the Support ticketing system facilitated by our My Web Area. Notices of support tickets opened on your behalf are sent to you by email and shall be deemed received upon sending.
13.2. You are required to provide notices to us about the Services through the My Web Area. We will provide notices to you using the information you provide to us in the “My Account” section. We have no responsibility for misdirected notices based on your failure to provide correct information.
13.3. Termination notices must be provided to us as set out in paragraph 6.
13.4. Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:
P.O BOX 30036, Jabal Al Noor building
Salam Street, Abu Dhabi
14. RESOLUTION OF DISPUTES AND CHOICE OF LAW
14.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the applicable business practices of the United Arab Emirates.
“End User” is the individual or entity who uses, or to whom you provide, your services;
“Materials” means any information, reports, documents, software or other materials created by Mail Hub as part of the Services, including all methodologies, know-how and processes used to do so;
“Server” means the computer server equipment operated by Mail Hub in connection with the provision of the Services;
“Service” or “Services” means any and all services provided by Mail Hub under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and usenet searching and monitoring services and professional services, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
“Mail Hub” means the legal entity delivering the Services to you as set out on the Legal page on this Website and any of its subsidiaries or affiliated entities;
“Space” means the area on the Server allocated to you by Mail Hub for use by you as a site on the Internet;
“Term” means the prepaid period during which you receive Services from Mail Hub;
“My Web Area” means the part of the Mail Hub website from which you can manage your services and to which you are given login credentials at the start of your Initial Term; and
“You” and “your” mean the person, firm or company who purchases Services from Mail Hub.
16.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
16.2. Your rights and commitments under this TOS are personal to you, and you shall not allocate, lease, charge, sub-license, or otherwise transfer such rights and commitments in entire or to some extent.
16.3. Mail Hub reserves the authority to sub-contract any of the work required to satisfy the Services and to assign this TOS.
16.4. Aside from the commitment to pay the Fees, neither one of the parties shall be liable for any deferral or failure in execution other than occasions outside the defaulting party’s sensible control, including, without restriction, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other conditions beyond its reasonable control. The commitments and rights of the excused party shall be extended on a day to day basis for the time 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 later than ten days from the beginning of the event.
16.5. Any postponement or restraint by either party in implementing any arrangements of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
16.6. Paragraph headings have been incorporated into this TOS for convenience only and should not be considered part of, or be used in interpreting, this TOS.
16.7. This TOS does not make any agency, partnership, joint venture, or franchise relationship. Neither one of the parties has the privilege or authority to, and should not, accept or make any commitment of any nature at all for the benefit of the other party or bind the other party in any regard at all.
16.8 SURVIVAL. All Paragraphs of this TOS shall survive the termination of this TOS.
Section A – Service Level Agreement (SLA)
Mail Hub’s reliable hosting service is backed up by an industry-leading Service Level Agreement (SLA). We guarantee network uptime 99.9% of the time during a twelve month period, starting on the date you order your account.
You are welcomed always to contact our support team if you believe an SLA event has occurred and you have not been compensated appropriately.
Compensation is limited to the length of your current Term, but cannot exceed twelve months.
The following events do not count towards our 99.9% uptime:
Emergency maintenance, hardware and software failure remedied under 1 hour;
Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
Downtime caused by you, your own configuration, or third-party applications you use;
Downtime caused when you reach the maximum resources allocation for your plan;
Downtime caused because you have violated this TOS;
Downtime during work on your technical support request(s); or
Our calculation of network accessibility depends on our internal records. We won’t acknowledge Third Party reports as evidence that you are qualified for a credit under this SLA.
This SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.
Section B – Refunds Policy
You are eligible for a full refund when your order has not been prepared, i.e. services have not been designed and you have not received account setup data.
All payments are considered final and non-refundable if and when:
Your Order has been processed and account information has been sent to you;
You have breached our terms of service and your account has been discontinued as a result of such behaviour;
You have engaged in verbal, physical, written or other abuse (including threats of abuse or retribution) of any Mail Hub customer, employee or officer.
Refunds are not automated. All refund requests must be made by emailing email@example.com or using the My Account and submitting a Cancellation Request.
Refunds are subject to the following terms:
Shared Hosting Services paid for fixed tenures (3, 6, 12, 24 or more months) are not covered by the Refunds Policy;
Shared Hosting Services paid for monthly are qualified for a refund when cancelled inside the initial 30-days from when Service(s) are enabled.
Cloud and Dedicated Hosting Services, Paid Support or Third Party Services are not under the Refunds Policy;
Reseller packages are only covered if the complete Reseller package is cancelled. The guarantee does not apply to termination of individual accounts in a Reseller package; and
Renewal orders are not covered;
Section C – Renewal Policy
All Services are set to renew manually and you will be asked to pay standard Fees for your Renewal Term:
thirty days preceding the termination of your present Term for Shared Hosting Services, Domain name registrations and related services, and SSL certificates;
seven days prior to expiration of your current Term for Cloud and Dedicated Server Services; or
upon expiration of your current Term for all other Services.
If Service invoices go unpaid for whatever reason, we may choose to end your services and deactivate any related accounts.
We are not responsible for your data or domain name if Services are ended on the grounds that invoices have gone unpaid or we are unable to contact you or your representatives.
Section D – Fair Use
Our Fair Use Policy sets out specific restrictions on the allocation of Server resources, aiming to allocate every one of our clients reasonable and satisfactory utilization of the Services. Details on the resource allocation are set on the Product Page for your Hosting Plan.
When utilizing the Services, you will guarantee that neither you nor any of your End Users make unnecessary use of the Server resources to Mail Hub’s detriment or that of our different clients. The term “excessive” is defined by our involvement with similarly situated clients. Your account includes a control panel that provides statistics setting out your utilization of the resources connected with the Services. These statistics are the sole and exclusive method determine if your account has surpassed its allocated assets.
You agree that we have the sole right to choose what constitutes an infringement of the Fair Use Policy and what is the appropriate severity of any remedial action to be followed. Default on your part to keep your account in full compliance with the TOS may bring warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in case of infringement of the Fair Use Policy, we may give you certain time period to amend the issue. Failure to make no move during this period, may force us to take corrective actions at our sole discretion. You acknowledge that we can immediately suspend and even terminate every account that disregards the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services.