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By accepting our Terms of Service, you also agree to our Privacy Notice and Data Use Policy. Please click here for more information on our Privacy Notice and Data Use Policy

All users of CITS Hosting services, and all customers upon signing up for CITS Hosting services, agree to comply with CITS Hosting Terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using CITS Hosting services with due regard to the rights of other Internet users and in conformity with the requirements of the CITS Hosting network environment. The TOS are not exhaustive and CITS Hosting reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to hosting.cits.pk or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to abuse@cits.pk. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of CITS Hosting, this TOS supersedes any other agreement with CITS Hosting, whether written, oral, by conduct, or otherwise.

 

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. CITS Hosting will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, chatting or chat room scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact CITS Hosting Sales or Support to ensure the script is allowed.

Any account should not use more than 25% CPU consistently for more than 5 minutes. If you are consistently using 25% or more CPU, you will need to upgrade to the next available hosting plan. If you are using the maximum hosting plan and are still using 25% or more CPU consistently, then you have most likely outgrown a shared hosting environment and should therefore obtain a VPS or dedicated server to better suit your needs.

Any account suspended or terminated due to violation of our Terms of Service will not be eligible for a refund, including during our 30 day money back guarantee period.

 

Spam/Bulk Mail

CITS Hosting has a “No Tolerance” policy on Spam and bulk mail. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to CITS Hosting customers. CITS Hosting also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a CITS Hosting server, and selling or distributing software (on a Web site residing on a CITS Hosting server) that facilitates spamming. If a CITS Hosting server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. CITS Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

 

Denial of Service Attacks

“Stress testing” or purposely receiving DDoS/DoS attacks is not tolerated on our servers.

This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any CITS Hosting account, be it shared/reseller/vps or dedicated server. Any account found actively and knowingly sending abusive traffic will be immediately suspended and possibly terminated with no refunds given.

Offering/promoting/selling DDoS for hire services is not tolerated and will cause immediate suspension/termination.

 

Prohibited Material

The following material is not allowed on our shared and reseller hosting servers:

IRC related items
Proxy scripts
VPN scripts
Nulled or pirated software
Image or File hosting
Rapid Leech scripts
File sharing applications (including cloud apps such as: ownCloud, NextCloud)
PTC sites
Spam or bulk mail scripts
Hacking sites
Sites that promote illegal activity
Sites or forums that link to and/or distribute illegal content or copyrighted material
Sites that host or link to copyrighted material without proper consent
Bitcoin miners
Chatroom scripts
Auto-blog scripts or plugins
Social media (Facebook, Instagram, etc.) auto-post or auto-like scripts

 

Uptime Guarantee

CITS Hosting guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where CITS Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber’s domain name, connection issues between the client’s location and CITS Hosting.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that CITS Hosting.com cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via CITS Hosting’ web site.

If requesting a “service credit” we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.

 

Server Location

Data center Locations are subject to availability and choosing a specific location during your order does not guarantee that location. CITS Hosting reserves the right to substitute the chosen server location as necessary and/or move accounts to other server locations as needed.

 

Daily Backups

CITS Hosting performs daily full account backups. Daily backups include the backup of all account data, email accounts and MySQL databases. Weekly backups are for CITS Hosting disaster recovery purposes only. Resellers accounts and their client accounts are included in the accounts we backup as part of our disaster recovery plan, however, Resellers are ultimately responsible for their own accounts backups and should not rely on the backups CITS Hosting performs. No guarantee of data is expressed or implied.

 

Ownership of Web Site

The legal owner of customers’ Web sites and accounts with CITS Hosting will be the individual or organization whose name is listed in CITS Hosting database as the owner. Customers will fully cooperate with and abide by any and all of CITS Hosting security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with CITS Hosting.

 

Illegal Use

CITS Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: warez; nulled scripts; copyrighted material; providing access to or linking to copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing CITS Hosting services, all CITS Hosting customers certify that they and/or the organization they represent in procuring services from CITS Hosting are not, nor have been designated, a suspected terrorist; are not owned or controlled by a ‘suspected terrorist’; and are not on, are not a member of, related to, associated with, or controlled by any terrorist organizations. CITS Hosting reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All CITS Hosting customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a CITS Hosting customer (per the DMCA) to CITS Hosting must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at CITS Hosting sole discretion.

 

Child Pornography

The use of CITS Hosting services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. CITS Hosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

 

Indemnification

CITS Hosting customers agree to protect, defend, hold harmless, and indemnify CITS Hosting, any third party entity related to CITS Hosting (including, without limitation, third party vendors), and CITS Hosting executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of CITS Hosting services.

 

Disclaimer

The CITS Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. CITS Hosting expressly disclaims any representation or warranty that the CITS Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by CITS Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. CITS Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL CITS Hosting (INCLUDING, WITHOUT LIMITATION, CITS Hosting’ EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING CITS Hosting’ SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR CITS Hosting SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY CITS Hosting SERVICES EVEN IF CITS Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CITS Hosting’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR CITS Hosting’ SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY CITS Hosting OR CITS Hosting’ REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

 

Modifications

CITS Hosting may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with CITS Hosting services. Certain changes to CITS Hosting services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and CITS Hosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by CITS Hosting.

 

Backup of Data

Except where CITS Hosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and CITS Hosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with CITS Hosting services. CITS Hosting servers are also NOT be used as a backup storage and is only for hosting files directly related to your website.

 

Governing Law and Severability

The TOS, and any other agreement for CITS Hosting services, will be governed by and construed in accordance with the laws of the State of Sindh, Pakistan without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and CITS Hosting will take place in Karachi, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other CITS Hosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

 

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between CITS Hosting and its customers. Each of CITS Hosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

 

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

 

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for CITS Hosting services, constitutes the complete understanding and agreement between CITS Hosting and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of CITS Hosting, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for CITS Hosting services is between CITS Hosting and its customers only and will not confer any rights in any third party except as otherwise expressly provided by CITS Hosting.

 

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of CITS Hosting.com must adhere to the above policies.

 

Third Party Providers

You agree that certain services may be provided by third party providers of CITS Hosting and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

 

Abuse Towards Staff

CITS Hosting will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. CITS Hosting reserves the right to decide what is considered abusive and immediately suspend or in severe cases, terminate clients that commit the abuse.

 

Statements

CITS Hosting does not mail paper invoices or statements. All statements are sent via email as an invoice due notice. The client is responsible for ensuring a valid, working contact email address at all times to receive such notifications. Statements can also be viewed and printed through our client area.

 

CITS Hosting reserves the right to update the Terms of Service (TOS) without prior notice and no warranties shall be implied or given.

CITS (Pvt) Ltd. All rights reserved
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