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The following Terms of Service (TOS or Agreement) apply to all services provided by Nemmar.com (Nemmar.com, we, us, our) to you. By purchasing services from us you agree to these terms of service.

We reserve the right to amend or modify the terms of this offer and services without notification.

For website and server security reasons we do not provide FTP or cPanel access.

You own the website content (text, photos, videos, data files) that you personally add to your website on our services.

We own the copyright of the software and content that we add to the sites on our servers and services.

Our role: We are the Webmaster Admins who configure all the core website software settings and install all the software updates as needed. That way you do not have any conflicts or problems with the software configurations, updates, or security and it keeps the site running smoothly. Using the analogy of a car, the websites are setup with us as the car mechanics that repair and update the engine to keep the car running smoothly. The Demo websites are setup on our hosting servers and we own the copyright of the software and content that we add.

Your role: The Demo websites are setup for you to have one or more Content Admins. This could be one or more people that you choose since this is the person(s) that adds/edits your website content (text, photos, videos, data files), menus and modules. Using the analogy of a car, the websites are setup with you as the car driver(s) who decides where the car is driven and what the exterior looks like.

 

1. APPLICATION OF TERMS

1.1. These terms apply to all Services provided by Nemmar.com to you during the Term. The TOS consists of the following: TOS, Acceptable Use Policy (AUP), and our Privacy Policy. Certain provisions of this TOS may not apply to you based on your Order.

1.2. These terms, together with any Order(s), represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and Nemmar.com. Any other contract provisions imposed by you on your own order forms or otherwise are expressly excluded.

1.3. Nemmar.com may alter this TOS at any time without notification to you. Your sole remedy in the event that you do not agree to those amendments is to terminate your services. Only a Nemmar.com officer may alter this TOS. No agent of, or person employed by or under contract with, Nemmar.com has any authority to alter or vary this TOS in any way. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.

1.4. In addition to this TOS, all domain name registrations are subject to the terms and conditions of any registrar Nemmar.com may use to fulfill the Order and the rules and regulations of the relevant registrar. As a condition of this TOS, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf.

2. GENERAL TERMS AND CONDITIONS

2.1. You will conform to the standards and acceptable use policies of Nemmar.com.

2.2. You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activity undertaken by you.

2.3. Your personal information is treated in accordance with our Privacy Policy.

2.4. You will receive a password to be used when you log into your User Area. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.

2.5. Nemmar.com's Service Level Agreement (SLA) sets out the hosting performance you can expect from us. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.

2.6. You have no ownership of, or proprietary rights in, any Equipment.

2.7. If necessary, we will provide an IP address to you. You will have no ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.

2.8. The Services are provided to you as configured for our standard customer. In some cases, they may have the manufacturer's default settings. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them. If your use of the Services damages the Services or Equipment, you will be charged for any repairs we need to make to the Services or Equipment. We may suspend your use of the Services until we determine whether your use of the Services has damaged the Services or Equipment.

2.9. The Services are provided on as is basis. The hardware configurations may vary across data centers and may result in different performance. Nemmar.com may replace your host server hardware, transfer it from one data center to another, or modify certain software configurations when deemed necessary by the company.

2.10. The proprietary and third-party software we provide for you to use as part of our service are provided on as is basis and you bear all responsibility for using it.

2.11. Web Space

All hosting plans have a web space allocation set out on their Product Page. In the event that you exceed the allocated space quota, Nemmar.com will limit your file upload service and send you an email warning to the email address you provided in the My Details section of your User area. If you do not take action to comply with the overage warning and the terms and deadlines specified in the warning email, Nemmar.com reserves the right to suspend your account or terminate this Agreement without liability to you.

2.12. Web Traffic

Customers on any shared hosting plan will ensure that neither you nor any of your End Users makes excessive or wasteful use of the Server to Nemmar.com's detriment or that of Nemmar.com's other customers. The terms "excessive" and "wasteful" are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. Unlimited bandwidth use applies to your use of web pages only (html, php, etc.), not for storage of movies, pictures or MP3 files. If the contents of your Space regularly generate more server traffic than is deemed acceptable by Nemmar.com, Nemmar.com shall send you an email warning to the email address you provided in your User area. If you do not take corrective action or comply with an excessive traffic usage warning we have sent by email within the specified time frame, Nemmar.com reserves the right to terminate this Agreement without liability to you.

Unused bandwidth may not be carried over from month-to-month.

2.13. We act in good faith to back up data stored on our servers once a day. These backups are intended for internal use only and Nemmar.com cannot guarantee that a backup will be available for restore upon your request. It is your responsibility to keep a copy of all your website content in order to prevent potential data loss.

We may determine that certain file extensions are not suitable for backup and exclude them from the backup. It is your obligation to verify whether particular files will be backed up. Such file types include, but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip

Back Up Services are provided as is and are subject to all warranty disclaimers and limitations of liability set out herein. By purchasing services from us, including Back Up Services, you agree that you will maintain your own set of your website content backups independent of those we maintain. If we provide data to you from a back up, 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. Our only obligation is to restore your Space or Server to its operating condition. It is your obligation to restore your website content.

2.14. We provide certain services designed to filter unwanted email. You acknowledge that use of the Services will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and email infected with viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.

2.15. Index and Parking Pages

When your Order is accepted, 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 will be pointed to a suspension page. This page may contain advertising. We may retain all revenue associated with this advertising.

3. ORDERS

3.1. Each Order for Services by you shall be deemed to be an offer by you to buy the Services from Nemmar.com subject to this TOS. No Order shall be deemed to be accepted by Nemmar.com 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 contract. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, the Term shall renew for additional periods, unless you choose to renew for a different period or unless terminated as set out in paragraph 6.

3.2. You must be over the age of 18 at the time you place your Order.

3.3. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. Unless otherwise specified, we are unable to provide additional information about the reasons for a particular Order failure to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided.

3.4. Nemmar.com is under no obligation to deliver any Services in addition to those identified in the Order.

3.5. You shall provide to Nemmar.com, at your cost, any information, resources or facilities reasonably requested by Nemmar.com for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Nemmar.com.

3.6. Any instructions supplied by you to Nemmar.com must be complete, accurate and clearly legible. Nemmar.com reserves the right to charge for any costs and any additional work incurred by Nemmar.com due to any failure by you to comply with this provision 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 User Area.

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 indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User and result in any claim against us.

4.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information section of the User Area is considered by us to be the owner of the account and all associated services, except Third party services purchased through Nemmar.com, that are subject to additional terms and conditions. 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 content, or that your administration has not, or is not, in their interest. Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending. The individual or entity paying for the Services is not considered to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.

5. PAYMENT

5.1. You are responsible for the Fees set out on the Order, in the currency specified on the Order.

5.2. Invoices are due immediately upon receipt. Nemmar.com reserves the right to suspend the Services until payment is made. Time for payment is of the essence.

5.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Services.

5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. You are responsible for keeping at least one current credit card on file. 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. Set up and domain name registration charges are not refundable for any reason.

5.4.1. We often offer special promotions (Special Promotions). These promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms except when expressly stated in the special promotion terms.

5.5. Your credit card is automatically charged for a Renewal Term.

In case an automatic renewal charge fails and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s). We will attempt to charge the primary credit card on file first. Should the primary credit card fail, we will retry billing other credit cards on file in the order listed in your User Area.

The primary card on file is specified by You, but we reserve the right to make an alternative credit card primary if the current primary card is not active for some reason or fails a billing charge or an AVS check.

5.6. We are not responsible for your data or domain name if Services are terminated because your credit cards on file have expired or are no longer valid for any reason.

5.7. 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 we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. 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 an investigation and processing fee. This fee compensates us for the investigation your credit 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 pay the Fees due.

5.8. Money Back Guarantee

Our money back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Termination and Refund requests should be requested from your User area, as described in paragraph 6, no later than 30 days from the Effective Date. The following conditions apply to our Money Back guarantee:

(a) It applies only to individual Services in an Order. It does not apply to previously ordered Services;
(b) Set Up and domain name Fees are not refundable and may be due upon cancellation even if waived initially as part of a Special Promotion;
(c) The Money Back Guarantee does not apply to Renewal fees;
(d) The Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this paragraph.

5.9. Our SLA as explained in these TOS sets out your rights in case of disruption of the Services. Should the Services be disrupted, you may request a Credit through your User Area, or by calling our customer service representatives. This Credit is our only obligation, and your only remedy, in the case of a disruption of the Services.

5.10. Unless stated otherwise $ refers to USD, € refers to EUR, and £ refers to GBP.

6. TERMINATION AND CANCELLATION

6.1. Termination by Either Party

6.1.1. Either party may terminate this TOS upon written notice to the other if one party materially breaches any of these terms and the breaching party fails to correct the breach within 10 days following the other party's written notice, or immediately if the breach is incapable of cure.

6.2. Termination by Nemmar.com

6.2.1. Nemmar.com may terminate this TOS if (i) you fail to pay any sums due to Nemmar.com as they fall due; (ii) in Nemmar.com's reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (iii) we determine in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason; or (iv) you violate this TOS or any agreement incorporated by reference.

6.2.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.

6.3. Termination by you

6.3.1. You may terminate the Services through the User Area or by contacting our customer service staff by phone or email. We will send you an email confirmation to acknowledge your completion of the Termination Request (Termination Confirmation). If you do not complete all steps of the Termination Request, or if you fail to use a Termination 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.

6.3.2. Once you complete a Termination Request, we will process it and issue a refund, if you are entitled to it. Refunds are issued through the same payment method that was originally used to purchase the Services. Nemmar.com is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.

6.4. You may request Termination of any Service at any time. Depending on the life stage of your Service, different cancellation fees may apply. Cancellation fees will be calculated during the cancellation process of the particular Service and will not exceed the amount you have prepaid for the Service. In order to avoid renewal charges and late cancellation fees, termination must be requested before a Renewal invoice is due. Termination of an Active hosting account will result in the Termination of any additional Services associated with that account.

6.5. You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.

6.6. Upon termination of the Service, Nemmar.com shall be entitled immediately to block your Space and to remove all data located on it and Nemmar.com shall be entitled to delete all such data. Nemmar.com shall further be entitled to post a notice stating that your account has been suspended. IP space and Back Up tapes are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail following Termination.

7. TECHNICAL SUPPORT

Our technical support is provided via our Support section. Technical support is provided on an as is, as available basis. If your request for technical support exceeds that of similarly situated customers, or is based on your lack of sophistication, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support. If you request technical support, you agree that we may have full access to your equipment, account, and any and all items accessible to us based on your request. While we will use reasonable efforts to provide technical support to you, all support is provided as is, and is subject to the disclaimers of warranties and limitation of liability set out herein. 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.

It is your obligation to perform and store a back up of your website content prior to requesting technical support and agreeing to any technical interference or operation provided by Nemmar.com. In the event that you are not satisfied with the outcome of any technical action, it shall be your obligation to restore your website content from your own back up.

8. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

8.1. Nemmar.com retains ownership of all intellectual property rights for the Services. Nemmar.com grants to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by Nemmar.com are Nemmar.com property or the property of their respective owners. No permission is given by Nemmar.com 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 procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly 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, Nemmar.com 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.

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, your business and your person that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to use the Services appropriately; (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 back-up copies of all website content information in a location independent of ours, and will not use our Back Up Services as your sole back up; 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) ARE 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

10.1. 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 DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 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.

11. INDEMNITY

11.1. We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued U.S. patent or registered copyright. This indemnification provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (i) procure for you the right to continue using the Services; (ii) replace an individual component of the Services with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the 3 month period immediately preceding the occurrence of the event on which the indemnification claim is based. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued U.S. patent or registered copyright.

11.2. 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 Nemmar.com undertake not to disclose to a third party any confidential information which you or Nemmar.com receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.

12.2. Without prejudice to Paragraph 12.1., Nemmar.com shall be entitled to mention your name as a client of Nemmar.com and the name(s) of products which Nemmar.com provides to you.

12.3. If a law or regulation compels disclosure of information we have about you, 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 as set out in our records. We are not required to respond to demands by you that we provide information about your account as part of your litigation. 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. NOTICES

13.1. Any notice to be given by either party to the other may be sent by either email, support ticket, or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing. In addition, we may communicate with you using the Support ticketing system facilitated by our User Area. Notices of support tickets opened on behalf of the company are sent to you by email and shall be deemed received upon confirmation of receipt.

13.2. You are required to provide notices to us about the Services through the User Area. We will provide notices to you using the information you provide to us in the section of the User Area. 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.

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 procedures set forth in this Section.

14.2. In the event of a dispute between the Parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than 5 business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within 30 days after a party's request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Greenwich, Connecticut, pursuant to the commercial arbitration rules of the American Arbitration Association. The dispute shall be heard by a single arbitrator who has experience in the field of web hosting. The arbitrator shall not be entitled to award punitive damages or attorneys’ fees.

14.3. If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the U.S. District Court for Greenwich, Connecticut. If the District Court may not consider the dispute, all disputes shall be brought before the Superior Court for Greenwich, Connecticut. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this TOS shall be governed by the substantive law of Greenwich, Connecticut, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

15. DEFINITIONS

"End User" is the individual or entity who uses, or to whom you provide, your services;

"Fees" means the charges to be paid by you for the provision of the Services as set out in any Order or (if not set out) those set out on Nemmar.com's website;

"ICANN" means the Internet Corporation for Assigned Names and Numbers;

"Materials" means any information, reports, documents, software or other materials created by Nemmar.com as part of the Services, including all methodologies, know-how and processes used to do so;

"Objects" means any names, marks or materials and any other information, documents or software which you supply to Nemmar.com under this TOS;

"Order" means the order form, including electronic and online forms, or letter signed by you requesting Services;

"Server" means the computer server equipment operated by Nemmar.com in connection with the provision of the Services;

"Service" or "Services" means any and all services provided by Nemmar.com under this TOS including, without limitation, website services, domain name services, 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);

"Space" means the area on the Server allocated to you by Nemmar.com for use by you as a site on the Internet;

"Standard Price List" means the list(s) of the standard prices for Nemmar.com group company products which are set out on the respective Product Page;

"Term" means the prepaid period during which you receive Services from Nemmar.com;

"TOS" means this TOS, including all documents incorporated by reference;

"User Area" means the part of the Nemmar.com website from which you can manage your services and to which you are given login credentials at the start of your Initial Term;

"Website Content" means the text, photos, videos, and data files that you add to your website on our services;

"You" and "your" mean the person, firm or company who purchases Services from Nemmar.com.

16. MISCELLANEOUS

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 obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

16.3. Nemmar.com reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.

16.4. Except for the obligation to pay the Fees, 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, failures of telecommunication carriers, 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 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 10 days from the beginning of the event.

16.5. Any delay or forbearance by either party in enforcing any provisions 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 included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.

16.7. This TOS 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.

16.8 SURVIVAL. Paragraphs 2.5, 2.10, 5.12, 9.2, 10, 11, 12.1, 13, 14, 15, 16.1, 16.8, Section F: 1.9, 1.11 and 2 shall survive the termination of this TOS.

Section A – Website and Hosting Accounts

This Section incorporates by reference the Product Page. You may be bound by additional terms and conditions imposed by our licensors. These terms and conditions are also incorporated by reference. We are happy to provide you with these additional terms and conditions upon request.

1. Usage

Website and Hosting Accounts are for one user only. You may not resell or lease your Space or portions of your Space.

2. Fair Use. According to our “Fair Use” policy:

a. Database queries may not exceed 10% of system resources per second; maximum database size is 500 MB per database and 250 MB per database table.

b. No more than 10 simultaneous processes on Website and Hosting Account servers; no more than 10 simultaneous connections from a single IP.

c. No cron jobs with execution interval longer than 10 minutes.

d. Website and Hosting Account e-mail: maximum mailbox size of 500MB per mailbox; maximum 400 emails per hour; No more than 40 recipients per email sent; maximum size of attachment 5 MB. If you receive more than 20 emails per minute at any given time, the email account may be temporarily blocked or MX Records may be temporarily changed. The maximum retry time for email messages is 11 hours, after this time messages are discarded.

e. No more than 150,000 inodes per account.

f. CPU seconds: no more than 10,000 CPU seconds for any given calendar day; no more than 1,000 CPU seconds for any given hour of the day; no more than 300,000 CPU seconds for any given calendar month.

g. Program and script executions: no more than 10,000 program and script executions for any given calendar day; no more than 1,000 for any given hour of the day; no more than 300,000 for any given calendar month; no more than 2 seconds average execution time for a given day.

h. No more than 20% of the shared service CPU for a period longer than 10 seconds; no more than 256 MB of the server memory resources per process at any given time.

You agree that we have the sole right to decide what constitutes a violation of the Fair Use as described in this section of the TOS and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in warning, resource usage limitations, suspension or immediate account termination with no refund upon our reasonable discretion. You understand and agree that in the event of violation of the Fair Use for your account, we may grant you a certain period of time to rectify the issue. If you take no action during this period, the decision becomes binding and final and we will be free to apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use TOS and will not be responsible for any data loss resulting from such termination of services.

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