Legal Agreement IT Spoc

Legal Agreement Between IT Spoc and Clients

Signing Up with IT Spoc User Accept Following Legal Agreement.


ITSPOC Terms Of Service :


ITSpoc.com provides web hosting, domain registration and virtual private server services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of ITSpoc.com are subject to the following terms of service:

Indemnification Policy


You agree to use all ITSpoc.com services and facilities at your own risk. ITSpoc.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ITSpoc.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ITSpoc.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ITSpoc.com, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ITSpoc.com against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with ITSpoc.com’s server. ITSpoc.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from ITSpoc.com’s server. ITSpoc.com shall be the sole judge of what violates this Policy.

Billing, Cancellation and Refund Policy


As a customer of ITSpoc you agree to submit or supply a payment for the rendered services in advance, on the billing date set by ITSpoc. By default these services will be billed on a recurring basis (if recurring payment option was chosen during registration or renewal of the appropriate hosting package, vps package or domain name package). You must notify ITSpoc at least 7 days before the next automated renewal date if you wish to cancel the recurring payments without any further recurring charges (ITSpoc shall not be held responsible for recurring automated payment if notified less than 7 days before the next subscription payment date, and this payment will not be refunded).

Free Domain Renewal:


If a Hosting package offered by ITSpoc comes with a free domain name, then this free domain name is renewed for free under these circumstances:
  • The subscription for the hosting package / domain name is still active and not canceled.

  • If the client does not have a subscription on the package or the subscription is canceled, there should be at least 30 days left on the respectable account until the next payment time. Free Domains under Accounts with canceled subscription or no active subscription (one time payments) and with less than 30 days left until the next renewal date are under consideration of ITSpoc (ITSpoc will solely decide whether to renew or not to renew the domain name for free) and will not be renewed for free automatically.
  • Cancellations and refunds:


    ITSpoc provides a 30 day money back guarantee for new account registrations and account renewals under these following conditions:
    If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from ITSpoc servers.

    Payment Methods:


    ITSpoc uses CCAvenue Easebuzz, 2CheckOut, Paypal payment processors. Clients may submit a payment with a valid credit or debit card or Net Banking by using the balance of his/her Paypal account. ITSpoc accepts payments from Verifed and from Unverified Paypal accounts, which generally means that the client may either use the funds on the credit / debit card attached to Paypal (verified paypal) or the balance on his PayPal account (Unverified) to submit the payment for the services provided by ITSpoc. Please mind that The funds on client Unverified Paypal account will need to be converted from any other currency to US dollar currency prior to submitting a payment.

    Fraudulent Payment Policy:


    If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then ITSpoc reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent ITSpoc reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.

    Late Payment Policy:


    All accounts are billed according to the dates they were first activated on. Accounts which are not renewed on same service expiry date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. ubscriber will receive notifications if there is any action to be taken on his respectable account.

    Account Access Policy:


    When a client registers any type of account with ITSpoc, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Should ITSpoc suspect that any of the provided information is incorrect/fraudulent, the account may be suspended for terms of service violation until client contacts ITSpoc and resolves the issue. ITSpoc may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment IDs). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on ITSpoc. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment IDs on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account. Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against ITSpoc arising out of this said policy and procedure. ITSpoc will not be held liable for any damage or liability that may have arise out of following policy and procedure. In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the ITSpoc policy and procedures, then ITSpoc is not obligated to provide access to any of the parties. Also, ITSpoc is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.

    Confidentiality:



    Certain services provided by ITSpoc.com are resold. Thus, certain equipment, routing, software, and programming used by ITSpoc.com are not directly owned or written by ITSpoc.com. ITSpoc shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. ITSpoc will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by ITSpoc and ITSpoc will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.

    “Unlimited” Usage Policy:


    ITSpoc offers some of its hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that ITSpoc will not set a specific cap for these resources and client will be able to use these resources as needed, however ITSpoc does use a fair usage policy which applies to all accounts. ITSpoc Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server. By the term “Unlimited Space” ITSpoc means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or Offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. ITSpoc reserves the right to remove such files from the user account with or without notice to the client. ITSpoc also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. ITSpoc also reserves the right to clean up a user account by removing files which fall under the criteria of files that may not be hosted on ITSpoc accounts, if there are more than 250.000 files on a single account (Silver/Starter) or 500.000 (Gold/Business), with or without notice to the client. ITSpoc also reserves the right to disable the account which holds more than 250.000 files (Silver/Starter) or 500.000 (Gold/Business) until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied. ITSpoc reserves the right to clean up the disk of email accounts that exceed 20GB. Disk spaces (email accounts included) containing more than 30GB are subject to clean up.

    Backups:


    ITSpoc generates full backups of accounts every 7 days which are not bigger than 2GB. If the account is bigger than 2GB, ITSpoc reserves the right not to generate the backup automatically, however client may generate backups from his cPanel at any time regardless of the account size. ITSpoc stores a single automatically generated backup of each account which is up to 7 days old and up to 2GB in size, older automatically generated backups of accounts are not stored. ITSpoc is not liable for any loss of content if the backup has not been generated, it is the client's sole responsibility to safeguard the account data.

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