Casbay Terms of Services Agreement

Terms & Conditions

Overview

Please note that this agreement is subjected to change and it is Customer’s responsibility to regularly check for modifications. Continued use of the Service constitutes acceptance to the new version of this agreement.

Casbay reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of Casbay’s Acceptable Use Policy. Should Casbay terminates Customer’s service for a reason other than violation of the Acceptable Use Policy, Casbay will issue Customer a refund for the remaining paid period of service. Under no circumstances is Casbay responsible for any damages resulting from termination of service. Casbay reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.

Casbay has the right to cancel products and services without refund for orders pending due to insufficient information and/or documents supplied. All information & document(s) shall be submitted to Casbay within 90 days from purchase date, any failure to do so will result in the cancelation of the service/product.

1. Website Migration or Transfer

Our web migration team will make every effort to help Customer migrate your website over to us. However please take note that this service is provided as a courtesy service that is performed on best effort basis and Casbay cannot be held responsible should there be any migration failure due to various reasons. Casbay cannot guarantee that all data transfer to be accurate and estimate the time required to complete the transfer. Some hosting companies save data in their propriety format making transfer difficult or in some cases impossible. We will of course try our best but in some cases we may not be able to assist. This free transfer services are offered for 30 days from the sign up date and for accounts that does not exceed 1000MB (1GB) space. Transfer requests made outside this 30 days free period or websites exceeding 1000MB (1GB) will incur a one time (USD40.00) professional service charges. Please contact our sales department for a price quote.

2. Scripting and Program

It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.

3. Resource Usage

Customer may not use 25% or more of system resources for longer than 90 seconds. Account will be suspended until customer reply with next action plan. If the account overload again, Casbay reserves the right to terminate the account permanently or impose an overload penalty fees to the customer. To avoid this suspension or penalty fees, Casbay advises customers not to use our shared hosting accounts for the following usage, as they generally will overload. These activities are unattended server-side processes, torrent application, tracker, file-sharing, peer-to-peer activities, IRC chat module, video streaming, gaming applications, web spider or indexer, daemons and heavy cron-jobs.

4. CPU and Memory Limit

Casbay use Cloudlinux (LVE) to ensure Linux Shared Hosting accounts receive a fair share of resources. LVE is a kernel level technology developed by the CloudLinux team. The technology has common roots with container based virtualization and uses cgroups in its latest incarnation. It is lightweight, and transparent. The goal of LVE is to make sure that no single web site can bring down your web server. Today, a single site can consume all CPU, IO, Memory resources or apache processes and bring the server to a halt. LVE prevents that. It is done via collaboration of apache module, PAM module and kernel

Allowed Resource Usage are as follows :

Each account allow 25% of total CPU of the server available to LVE. If your account hits this limit, your website will slow down.*

Each account can use up to 2GB of virtual memory and 1GB of Physical memory. If your account hits this limit, your website will show a 500 error message.

5. Entry Processes

We provide up to 25 concurrent connections. You won’t normally hit this limit unless you have poorly coded scripts that fail to execute properly. Your website will show a 508 error if this limit is reached. If you find your account is continuously hitting the CloudLinux limits and it is affecting the running of your website, please contact support to discuss options. We can assist with diagnosing any problematic scripts to help reduce usage or help you upgrading to a dedicated environment.

6. Hosting Space

Shared hosting account are meant for hosting Customer’s website content. The hosting space utilised as backup/storage device is strictly not permitted.

Most of our shared hosting plans allow unlimited email address creation but in the interest of server stability, all shared hosting plans are allowed to consume up to 10GB for email storage only. Any accounts that exceed the email storage size may be suspended. We recommend to use an email client such as Outlook or Thunderbird (free download) to download and manage all emails on a local computer.

7. Unlimited

Casbay does not set a limit or cap on the amount of resources a single Customer can use. In good faith and subject to these Terms, Casbay makes every commercially reasonable effort to provide its Customers with all the resources needed to power their web sites successfully. Casbay’s offering of “unlimited” services is not intended to allow the actions of a single or few Customers to unfairly or adversely impact the experience of other Customers.

In a shared hosting server, multiple Customer web sites are hosted from the same server and share server resources. Casbay’s service is designed to meet the typical needs of small business and home business website. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

Casbay will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, Casbay does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Casbay can evaluate said sites resource needs.

Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage per account or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Casbay may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice. Apart from this, all shared hosting plans are set with an hourly sending limit of not more than 200 emails within a given hour. This policy is important to prevent spamming activities either deliberate or through poorly secured computers that are hacked for sending spamming emails.

Unlimited Domain Hosting. Casbay does not set arbitrary limits on the number of domain names a Customer can associate with the Customer’s web hosting account. However, Casbay reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Customers.

8. Inodes

Accounts found to be exceeding the 50,000 inode limit will automatically be sent a reminder and removed from our backup system to avoid over-usage, Accounts found to be exceeding the 200,000 inode limit will automatically be sent a reminder and removed from our backup system to avoid over-usage. If the account hit 250,000 inodes on any shared hosting account, auto suspension will be imposed and removed from our backup system.

9. Backup Limit and Data Loss

Any shared hosting account using more than 10 gigs of disk space will be removed from our weekly backup with the exception of database. However all data will continue to be mirrored to a secondary drive. Take note that backup service is provided as a courtesy service and Casbay cannot be held liable for any data loss. Customers’ use of this service is at their own risk.

Casbay is not responsible for files and/or data residing on the Customer’s account. Customer is advised to maintain a backup copy of their data on their own. In case of data loss, Casbay will provide the courtesy service of restoring the data into the account. Take note that data restored may not be up to date and Casbay can only restore the data from the latest backup copy whether it is a daily or weekly backup. There is no backup for VPS, Semi Dedicated Servers, Dedicated Server or any other plans. Customers must subscribe to our backup services to have data backup.

10. Bandwidth Usage

Customer is allocated a monthly bandwidth allowance and it varies according to the package purchased. Should the Customer’s account pass the allocated amount, the account will automatically be suspended. The account will be unsuspended when the next allocation period starts or when the Customer upgrade to a higher level of package or pay additional fees for the overages. Unused bandwidth in one month cannot be carried over to the next month.

11. Content

All services provided by Casbay may only be used for lawful purposes. The customer agrees to indemnify and hold harmless Casbay from any claims resulting from the use of our services.

12. Price Protection

The amount customer pay for hosting will never increase from the date of purchase unless there are certain terms involved such as a first year promotion etc. Casbay reserve the right to change any packages or prices listed in our website and has the right to adjust the amount of resources given to the packages at any time. Should the Customer request to upgrade the features of the subscribed package, there will be an upgrade fee incurred.

13. Price Contract

All hosting services will have 1 year price contract. This means the price will be fixed for a period of 1 year regardless of whether the customer is paying monthly, quarterly or half year. In the event the customer request for a price adjustment, a contract breaking fees USD30.00 will be imposed.

14. Delivery

Delivery periods can only be estimated. Exceeding the delivery time never entitles Customer to be paid damages or cancellation of the order. Should the delay is due to a reason within Casbay itself such as Casbay is temporarily or permanently unable to fulfill the order partially or completely, Casbay reserves the right to partially or completely cancel or decline the order. Casbay also reserves the right to deliver the order with a similar specifications or higher. Casbay will notify CUSTOMER of such decisions. Once the service is delivered, it is the customer’s responsibility to check and report back within 7 days for any discrepancies or related problems. Casbay will take the effort to rectify the problem including reinstall or replace the entire server without any charges. However if the report is made after 7 days, there will be a charge for any services rendered.

15. Payment and Suspension

Payments are generally due on the first day of each month or as per due date of the invoice, and Casbay dispatches e-mail invoices prior to the expiry date. Emails are issued as a courtesy; Customer will maintain awareness of its usage levels and the fees it owes Casbay and the due date. Casbay will not accept the reason of late payment or no payment due to email not received. If payment is not received by ten (10) calendar days after the due date, Customer’s account will be suspended, and may incur a USD30.00 reconnection fee at Casbay’s discretion. If the account is suspended for over ten (10) calendar days, there may be a USD80.00 setup fees whereby Casbay need to resetup an entire server for the Customer. Accounts may be deleted if they have spent ten (10) or more calendar days in a suspended state. Accounts past due may be subject to interest at the rate of 3% per month. Any discrepancy or dispute in invoice or payment made must be reported to Casbay within 30 days after payment is made. Casbay will not accept any dispute in payment made after 30 days.

16. Customer Data

Casbay will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorised by Customer.

17. Customer Support

Casbay provides 24 hours Customer support and is committed to provide the best possible support for all Customers. For any service request not subscribed by the Customer, Casbay reserves the right to charge USD30/hr for any website/server troubleshooting issues. Casbay at its sole discretion reserves the right to deny providing services requested by the Customer with or without reasons. For any services rendered, charged or not charged, Casbay provides the best effort services. Casbay will not be held responsible for any other issues that resulted directly or indirectly due to the support given. Should there be incident whereby Casbay provides FREE support to the Customer, this is a courtesy service and cannot be defined as evidence that Casbay must commit to provide FREE support to the Customer. In this case, Casbay reserves the right to stop providing courtesy service to the Customer at any time.

18. 7 Days Money Back and Refund Policy

To ensure 100% Customer satisfaction, Casbay provides 7 days Money-Back Guarantee from the commencement date. If you would like to request a refund from us, please ensure that the following criteria are met:

The service for which you are requesting a refund was ordered within the past 7 days, and only applies to the first service of a new client.
Bitcoin payments are NON REFUNDABLE.
Additional orders are not eligible for a refund
Services that are suspended or terminated due to non-compliance of the AUP and TOS are not eligible for refunds.
Your account with us is in good standing, meaning there are no outstanding amounts due and no violations of our Terms of Service.
None of your payments to us have been previously disputed or charged back, and are not currently under dispute or chargeback.
The IP addresses assigned to your VPS are not blacklisted or blocklisted, and have not been replaced by us due to blacklisting.
The monthly data transfer usage on your VPS is under 10% of your monthly quota.
Special discounted VPS are not eligible for refunds. Promotional item or when promotional code used, is not eligible for a refund.

Once a refund request is made and all the conditions outlined above have been met, the following actions will be taken:

A full refund of payments made towards the account will be issued, starting from the account creation date, excluding licenses, additional IP addresses charges, change of IP address charges, management services, administrative fees, setup fees or custom order fees that may have been incurred during the purchase process.
All services under the account will be terminated immediately.
All data, backups, and snapshots associated with the account will be permanently and irreversibly deleted without delay.

19. Domain Name

Customer agree that Casbay’s entire liability to Customer, and Customer only remedy, in connection with any service provided by Casbay to Customer, and for any breach by Casbay, shall be limited to the fees Customer paid to Casbay for the particular service in contention. Casbay and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of Casbay’s services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, Casbay’s liability shall be limited to the smallest amount permitted by law. Casbay disclaims any loss or liability resulting from:

access delays or interruptions to our web site or domain name registration system
data non-delivery or mis-delivery between Customer and Casbay
events beyond our control (i.e. acts of God)
the loss of registration or processing of a domain name or the use of a domain name
the failure for whatever reason to renew a domain name registration
the unauthorised use of Customer’s account with Casbay or any of services provided to
Customer by Casbay
errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email messages
processing of updated information to Customer’s registration record
development or interruption of Customer’s web site
errors taking place with regard to the processing of Customer application
application of Casbay’s Dispute Resolution Policy; and
any act or omission caused by Customer or Customer’s agent (whether authorised by Customer or not)

20. IP Blacklist

We employ a rigorous process of IP address testing prior to assigning them to a VPS to ensure the delivery of a clean IP address with every new VPS. As we actively monitor our IP address space, we regret to inform you that we cannot issue refunds for VPSes where any of the IP addresses have been blacklisted. IP addresses that are blacklisted in any spam organisations such as SpamHaus or SpamCop will be temporarily suspended and all email services from the affected server will cease to operate to ensure no further damage would be incurred on the reputation of the IP block. A de-listing fee of USD 99 is charged by the upstream service provider for every IP blacklist incident for case management and resolution. Depending on the nature and frequency of the spamming activity, a new IP may be assigned to the affected server as a last remedying solution to resume full email services. Rectification steps would only be taken provided that all spamming activities have receded permanently and the de-listing fee is paid.

NOTE : As a valued customer, please be informed that we have a policy in place regarding IP address changes. We kindly request that you submit your request for an IP change within 24 hours of purchasing your VPS. Failure to comply with this policy may result in additional charges of $8/IP changing.

Shared hosting: Hosting account which has been identified with repeated and massive spamming activities (direct or indirectly) will be suspended / terminated.

VIP-Managed VPS / Dedicated / Co-Location Hosting service:

Server owner to report the issue to technical support for identifying the spam root cause and to engage our upstream provider to assists with the IP de-listing.
For massive spamming or repeats, a de-listing fee of USD 99 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy.
SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. SMTP port services are blocked for all additional IP addresses.

Non-Managed VPS / Dedicated / Col-Location Hosting service:

Server owner will be notified on the IP blacklist report and will be given a guide on how to identify the spam root cause and resolve the issue.
For massive spamming or repeats, a de-listing fee of USD 99 will be charged by the upstream provider where a new IP may be provided if the spamming activities were too heavy.
SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. SMTP port services are blocked for all additional IP addresses.

21. Cloud Hosting, Shared Hosting Account and EMail Hosting

Guarantee applies to first time purchasers only.
0 Day period begins when hosting login information is received.
Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by Casbay.
Refund is granted by Casbay’s sole discretion.
Refund decision made by Casbay is final.

22. Virtual Private Server (VPS) & Semi Dedicated Server and Microsoft Sharepoint Hosting and Microsoft Exchange Hosting

Applies to first time purchasers only.
30 Day period begins when Customer receives server login information.
Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by Casbay.
Refund does not include any setup fees, IP changing fee, installation fees on operation system or software.
Refund will minus USD15.00 restocking fees for any account without setup fees.
Reconnection fees of USD15.00 will apply for suspended accounts that are unpaid for more than 7 days.
SMTP port services is only allowed in Primary and Secondary IP for Virtual Private Server (VPS) hosting. For any additional IPs, the SMTP port services will be blocked.
Refund is granted by Casbay’s sole discretion.
Refund decision made by Casbay is final.

23. Dedicated Server Hosting and Colocation Services

Guarantee applies to first time purchasers only.
30 Day period begins when Customer receives server login information.
Refund will be provided only if Customer experiences technical problems caused or related to items 100% controlled by Casbay.
Refund does not include any setup fees, installation fees on operation system or software.
Refund will minus USD 80.00 restocking fees for any account without setup fees.
Reconnection fees of USD 35.00 will apply for dedicated server account re-activated for invoices that are unpaid for more than 7 days.
SMTP port services is only allowed in Primary and Secondary IP for Dedicated Server and Colocation servers hosting. For any additional IPs, the SMTP port services will be blocked.
Refund is granted by Casbay’s sole discretion.
Refund decision made by Casbay is final.

24. Terms & Conditions for Upgrade to Premium Network

Upgrade is not applicable for Budget Range Package.

The hosting must be used for one business website and one domain only.
Upgrade can only be done after 30 days of hosting period.
Upgrade is approved based on the Casbay’s sole discretion decision.
If the Service does not achieve the 99.99% of uptime performance levels, Casbay will provide a refund based on Premium SLA.
Casbay has the sole discretion to terminate or cancel any account in the premium network.

25. Cancellation Policy

All cancellation requires 30 days notice.

The monthly fees is applied if cancellation is made before the expiration date.
The total fees will be calculated as the monthly fees multiple by the duration of the service used plus 30 days notice.
Refund will minus USD 80.00 restocking fees for any account without setup fees.
All new Shared Hosting plans are eligible for 30 days money back guarantee only and no refunds will be given if the subscription is cancelled prematurely after the 30 days windows period.
There is no refund for renewed shared hosting account.

Casbay have full responsibilty to deduct the domain name’s fee [Free if any] which tied to hosting/server for any refund of cancellation. Rest of the products such as Domain Name, SSL, Server Co-location, Private Email etc. are not included in our money back guarantee policy as these are products we resell. For any cancellation of SSL orders within 14 days Casbay has the right to charge USD 30.00 processing fee ( per SSL ) and and the balance is refundable to customer. For any cancellation of products or services, Customer must provide prior notice of at least 30 days before the expiry date shown on current renewal invoice. As for yearly contract cancellation, Casbay will charge Customer according to the monthly package terms & conditions that may have higher monthly fees, setup fees and other miscellaneous fees involved. Any discount provided during yearly contract will be void if the yearly contract is cancelled. The refund will be calculated via having the total yearly paid minus the total charged as per monthly package terms & conditions.

As for refund due to server or network downtime, Customer is responsible for notifying the billing department for any credits due for the month within seven days from the time of the incident. Customer should supply all relevant information, including ticket numbers, for credit to take place. All refund claims or cancellation must be done in writing or by fax or by support ticket with Customer’s root username and passwords for the server.

Customer will retain records of the terms & conditions of its Package for future reference. Casbay may change Package prices or add or delete Package features or restrictions at any time, and such changes will not affect the initial agreement between Customer and Casbay. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern. In the event of any conflict between the terms of any Package and the terms of this Agreement, the terms of this Agreement will govern.

In order to prevent abuse to our services and our 7 days money back guaranteed policy, Casbay will not provide refund if it is discovered that Customer is running “short-lived” website for Customer’s own interest. These websites are termed “short-lived” at Casbay’s own discretion which including and not limiting to websites on political campaign, lawsuit, investment etc.

26. Acceptable Use Policy

Customer asserts that it has read Casbay’s Acceptable Use Policy (“AUP”) and its Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or Casbay equipment to be used for activities prohibited by such policies. Casbay may revise the AUP from time to time by posting a new version thereof on the Casbay Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern. Casbay may impose a penalty fees to the Customer if the AUP is broken.

27. Warranty

Casbay’s services are provided on an “as is” and “as available” basis. Casbay does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. Casbay makes no express or implied warranties, including without limitation warranties of title, non infringement, merchantability, or fitness for a particular purpose. No advice provided by Casbay or any of its representatives will create a warranty.

28. Indemnification

Customer agrees that it shall indemnify Casbay harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against Casbay, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Casbay against liabilities arising out of;

29. Disclaimer

Casbay will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Casbay was advised in advance of the possibility of such damages. Casbay’s maximum liability arising out of or related to provision of its services will not exceed the total amount of fees billed to Customer during the twelve (12) months preceding the claim.

Casbay will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from:

1. other Casbay Customers or third parties accessing Customer’s data or assigned computers
2. security breaches
3. eavesdropping
4. denial of service attacks
5. interception of traffic sent or received using Casbay’s service
6. Customer’s reliance on or use of the service
7. mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service
8. the accuracy, completeness, and usefulness of the service; or
9. loss of data or loss of access to data

Casbay’s limitations and exclusions of liability apply equally to Casbay’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

30. Chargebacks & Dispute (PayPal)

Please note that if you initiate a chargeback or a Paypal dispute, all services associated with your account, and any other related accounts at our discretion, will be immediately suspended until the dispute is resolved and we will charge $50 for the chargeback cost. We kindly request that you refrain from filing or lodging a dispute with Paypal for the purpose of obtaining a refund, as it would prolong the process and create additional work for both parties involved.

31. Affiliate

Approval: All applications for the affiliate program will be reviewed by Casbay, and we reserve the right to approve or reject any application at our discretion.
Referral Links: As an affiliate, you will be provided with a unique referral link that you can share with your audience. You are responsible for ensuring that your referral link is used properly and in accordance with these terms and conditions.
Commissions: You will earn a commission for each qualified referral that results in a purchase of Casbay VPS hosting services. The commission rate will be determined by Casbay and may vary depending on the product or service sold. Commissions are paid out on a monthly basis and will be subject to a minimum payout threshold.
Prohibited Activities: As an affiliate, you are prohibited from engaging in any fraudulent or deceptive activities, including but not limited to spamming, false advertising, or impersonating Casbay. Any violation of these terms and conditions may result in the termination of your affiliate account and forfeiture of any unpaid commissions.
Modifications: Casbay reserves the right to modify or terminate the affiliate program at any time, without prior notice. Any changes to the program will be communicated to affiliates via email or the Casbay website.
Limitation of Liability: Casbay will not be liable for any damages, losses, or expenses incurred as a result of your participation in the affiliate program. You agree to indemnify and hold Casbay harmless from any claims, damages, or liabilities arising from your participation in the program.

By signing up for the Casbay VPS affiliate program, you agree to these terms and conditions.

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