Terms of Service

Introduction

Welcome to Melohosts, a web hosting service provided by Melo Investments Limited. These Terms and Conditions govern your use of our services available at melohosts.com (hereinafter referred to as “the Website”). By accessing or using our services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access the service.

Acceptance of Terms

By accessing or using our web hosting services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services after any such changes constitutes acceptance of the updated Terms.

Services Provided

We offer various web hosting plans and additional services as outlined on our website.

Payment and Billing

• Pricing: Our web hosting plans are priced as listed on our website and are subject to change at any time. We strive to provide transparent and competitive pricing for our services, and any changes to pricing will be communicated to customers in advance.
• Billing Cycles: We offer various billing cycles, including monthly, quarterly, semi-annually, and annually, depending on the selected hosting plan. You may choose the billing cycle that best suits your needs and budget.
• Payment Methods: We accept payment via credit card, debit card, PayPal, and other approved payment methods. You are responsible for providing accurate and up-to-date payment information to ensure timely payment of invoices.
• Automatic Renewal: By default, hosting plans are set to automatically renew at the end of each billing cycle using the payment method on file. You may opt-out of automatic renewal or update your payment preferences through your account settings.
• Late Payments: Failure to pay invoices by the due date may result in suspension or termination of your hosting services. We may assess late fees or interest charges on overdue invoices in accordance with our billing policies.
• Refunds: Refunds are available for new customers who request a refund within 24 hours of the initial payment for our services. Refunds are not available for renewal payments, additional services, or purchases made after the initial payment. For more information, please refer to our Refund Policy.
• Billing Inquiries: If you have any questions or concerns about your billing statement, payment history, or charges on your account, please contact our billing department for assistance. We are committed to providing prompt and courteous support to resolve any billing-related issues.
• Taxes: Prices listed on our website do not include applicable taxes, which may vary depending on your location and the nature of the services provided. You are responsible for paying any applicable taxes associated with your use of our services.
• Currency Conversion: If your native currency differs from the currency in which we bill for our services, your payment may be subject to currency conversion fees charged by your payment provider. We are not responsible for any additional fees or charges incurred due to currency conversion.
• Invoice Disputes: If you believe that an invoice contains errors or discrepancies, please notify our billing department as soon as possible to initiate a review and resolution of the issue. We will work with you to ensure that any billing disputes are resolved fairly and promptly.

Account Management

Customers can create, manage, and cancel their accounts through our website. Any associated fees or procedures are detailed on our website.

Content Policies

• Prohibited Content: You may not host or distribute any content that violates applicable laws or our content policies. Prohibited content includes, but is not limited to:
  • Illegal Content: Content that violates any local, state, national, or international law or regulation.
  • Offensive Content: Content that promotes hate speech, discrimination, violence, or harassment against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
  • Copyright Infringement: Content that infringes upon the intellectual property rights of others, including unauthorized distribution of copyrighted materials, such as pirated software, movies, music, or other digital media.
  • Malicious Content: Content that contains malware, viruses, worms, or other harmful code intended to disrupt or damage computer systems or data.
  • Phishing or Fraudulent Content: Content that is designed to deceive or defraud users, such as phishing websites, fraudulent schemes, or scamming activities.
  • Adult Content: Content that is sexually explicit, pornographic, or otherwise inappropriate for minors.
• User Responsibility: You are solely responsible for the content you upload, store, or distribute on our servers. We do not actively monitor user content, but we reserve the right to investigate and take appropriate action against any violations of our content policies.
• Consequences: Violation of our content policies may result in suspension or termination of your account without prior notice. We may also remove or disable access to any offending content, as deemed necessary to comply with legal obligations or protect the integrity of our services.
• Content Review: We reserve the right to review user content and take action to enforce our content policies. If you believe that your content has been removed or disabled in error, you may submit a counter-notification in accordance with applicable laws and regulations.
• Reporting Violations: If you become aware of any content hosted on our servers that violates our content policies, please report it to our abuse team immediately for investigation and action.

Data Privacy and Security

We collect, store, and protect customer data according to our privacy policy and data security measures.

Uptime Guarantee and Service Level Agreement (SLA)

• Uptime Guarantee: We strive to maintain a high level of uptime for our servers to ensure that your website remains accessible to your visitors and customers. Our uptime guarantee is 99.9% for shared hosting services, calculated on a monthly basis. This means that we guarantee your website will be accessible and operational 99.9% of the time within a given month, excluding scheduled maintenance and unforeseen circumstances beyond our control.
• Service Level Agreement (SLA):
  • Uptime Monitoring: We continuously monitor the uptime of our servers using automated monitoring systems. In the event of downtime or service interruptions, our technical support team is notified immediately to investigate and resolve the issue.
  • Notification: If your website experiences downtime that exceeds our uptime guarantee, you may be eligible for compensation or credits under our SLA. We will notify you of any downtime incidents and provide updates on the status of resolution efforts via email or our support portal.
  • Compensation: If we fail to meet our uptime guarantee for any given month, you may be entitled to compensation or service credits as outlined in our SLA. Compensation is typically provided as a percentage discount on your next hosting invoice, calculated based on the duration and severity of the downtime.
  • Exclusions: Our uptime guarantee does not cover scheduled maintenance, planned downtime for server upgrades or maintenance, emergency maintenance, or downtime caused by factors beyond our control, such as network outages, acts of nature, or DDoS attacks.
  • Claim Process: To file a claim for compensation under our SLA, you must submit a support ticket within 2 days of the downtime incident, providing details of the downtime, including timestamps, error messages, and any relevant information. Our support team will review your claim and determine eligibility for compensation based on the terms of our SLA.
• Continuous Improvement: We are committed to continuously improving the reliability and performance of our hosting services. We regularly review feedback from customers and monitor service metrics to identify areas for improvement and implement measures to enhance uptime and service quality.
• Disclaimer: While we make every effort to maintain optimal uptime and reliability, we cannot guarantee uninterrupted service or completely eliminate the risk of downtime. Factors such as hardware failures, software bugs, and unforeseen technical issues may occasionally impact service availability despite our best efforts.

Support and Maintenance

We offer customer support during specified hours via various contact methods. Response times are outlined in our support policy.

Technical Support Boundaries

• Scope of Support: Our technical support team is available to assist you with issues related to the configuration, setup, and maintenance of your hosting account and associated services provided by Melohosts. This includes, but is not limited to:
  • Assistance with control panel functionalities, such as cPanel or Plesk.
  • Troubleshooting website downtime or connectivity issues related to server infrastructure.
  • Guidance on configuring email accounts, DNS settings, and SSL certificates.
  • Basic troubleshooting of server-related issues affecting website performance or functionality.
• Limitations: Our technical support services have certain limitations and exclusions, including:
  • Third-party software or applications not directly related to our hosting services.
  • Custom coding, programming, or development work beyond basic troubleshooting.
  • Advanced server configurations or optimizations that require specialized expertise.
  • Issues caused by customer negligence, misuse, or unauthorized modifications to server settings or configurations.
• Additional Services: If you require assistance beyond the scope of our standard technical support, such as custom development work, server migrations, or advanced troubleshooting, we may offer these services as optional paid services. Please contact our sales team for more information on additional services and pricing.
• Self-Help Resources: We provide documentation, knowledge base articles, and tutorials to help you troubleshoot common issues and perform basic tasks independently. Before contacting technical support, we encourage you to consult these resources for assistance.
• Response Times: Our technical support team strives to respond to support inquiries in a timely manner, typically within 12 hours during normal business hours. Response times may vary depending on the severity of the issue and our current support workload.
• Escalation Process: If you encounter an issue that cannot be resolved by our front-line support team, your inquiry may be escalated to higher-level support or system administrators for further investigation and resolution.

Limitation of Liability

• Scope of Liability: To the fullest extent permitted by law, Melohosts and its affiliates, directors, officers, employees, agents, and representatives shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use our services, regardless of the cause of action, whether in contract, tort (including negligence), or otherwise.
• Exclusions: Our liability is limited to the maximum extent permitted by applicable law. In no event shall Melohosts’ total liability to you for all damages, losses, and causes of action exceed the total amount paid by you to Melohosts for the services during the twelve (12) month period immediately preceding the event giving rise to the liability.
• No Warranty: Our services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. We do not warrant that our services will be uninterrupted, error-free, or free from harmful components. We make no representations or warranties regarding the accuracy, completeness, or reliability of any information or content provided through our services.
• Third-Party Services: We may offer or integrate third-party services, applications, or products as part of our services. Any use of third-party services is at your own risk, and we shall not be liable for any damages or losses arising from your use of or reliance on third-party services, including but not limited to data breaches, security vulnerabilities, or service outages.
• Indemnification: You agree to indemnify, defend, and hold harmless Melohosts and its affiliates, directors, officers, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our services, your violation of these Terms, or your infringement of any third-party rights.
• Force Majeure: We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, strikes, labor disputes, riots, war, terrorist attacks, government actions, or internet service disruptions.
• No Consequential Damages: In no event shall Melohosts be liable for any consequential, incidental, indirect, punitive, or exemplary damages arising out of or in connection with these Terms or our services, even if we have been advised of the possibility of such damages.
• No Warranty: We make no representations or warranties regarding the availability, reliability, accuracy, completeness, or timeliness of our services. Your use of our services is at your own risk, and we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Unsolicited Email & Spamming

• Prohibited Activities: Sending unsolicited bulk email (spam), commercial advertising, or promotional messages is strictly prohibited. This includes, but is not limited to, the following activities:
  • Sending mass emails to purchased or rented email lists.
  • Using deceptive or misleading subject lines, headers, or content in email messages.
  • Sending emails with forged sender information or without a valid unsubscribe mechanism.
  • Harvesting email addresses from websites, forums, or other online sources without permission.
• Compliance with Anti-Spam Laws: You must comply with all applicable laws and regulations governing email marketing and anti-spam practices, including the CAN-SPAM Act, CASL, GDPR, and other relevant legislation. Failure to comply with these laws may result in legal action and termination of your account.
• Consequences of Spamming: Engaging in spamming activities may result in immediate suspension or termination of your account without prior notice. We may also take legal action or report violations to relevant authorities or anti-spam organizations.
• Prevention Measures: We employ various measures to prevent spamming activities on our servers, including email filtering, blacklisting, and monitoring of email traffic. These measures are designed to protect the reputation and deliverability of our email services for all users.
• Reporting Violations: If you believe that you have received unsolicited or spam email originating from our servers or domains, please report it to our abuse team immediately for investigation and action. We take reports of spamming activities seriously and will take appropriate measures to address violations.

Server Abuse

• Prohibited Activities: We strictly prohibit any activity that compromises the security, stability, or performance of our servers or network infrastructure. This includes, but is not limited to:
  • Bulk Emailing: Sending unsolicited bulk email (spam) or engaging in email marketing practices that violate anti-spam laws or regulations.
  • Unsolicited Emailing: Sending unsolicited commercial emails or promotional messages without the recipient’s consent.
  • Newsgroup Spamming: Posting irrelevant or unsolicited messages to newsgroups or online forums.
  • Pornographic Content: Hosting or distributing sexually explicit or pornographic material.
  • Illegal Content: Hosting or distributing content that violates any local, state, national, or international laws or regulations.
  • Copyright Infringement: Hosting or distributing copyrighted material without authorization from the copyright owner.
  • Trademark Infringement: Hosting or distributing content that infringes upon the trademarks or intellectual property rights of others.
  • Warez Sites: Hosting or linking to websites that distribute pirated software, cracks, or serial numbers.
  • Proxy Relaying: Using server resources to operate proxy services or relay traffic for unauthorized purposes.
  • Link Farming: Creating or participating in schemes to artificially inflate website rankings through excessive linking or link manipulation.
  • Spamdexing: Manipulating website content or metadata to artificially improve search engine rankings.
  • FFA (FreeForAll): Participating in link exchange networks or free-for-all link pages for the purpose of spamming or link manipulation.
  • Abuse of Server Resources: Any activity that results in the excessive consumption of server resources, such as CPU, memory, or bandwidth, to the detriment of other users.
• Consequences: Violation of our server abuse policy may result in immediate suspension or termination of your account without prior notice. We reserve the right to take legal action or report violations to relevant authorities as necessary to protect the integrity of our services and network.
• Reporting Abuse: If you become aware of any server abuse or suspicious activities on our network, please report it to our abuse team immediately for investigation and action. Your cooperation in maintaining the security and integrity of our servers is greatly appreciated.

Termination of Services

• Account Suspension: We reserve the right to suspend your account or restrict access to our services if we believe, in our sole discretion, that you have violated these Terms, engaged in fraudulent activities, or posed a security risk to our servers or other users. Suspension may occur without prior notice, but we will make reasonable efforts to notify you of the reason for suspension and any actions required to resolve the issue.
• Account Termination: We may terminate your account for repeated or severe violations of these Terms, failure to remedy breaches within a reasonable timeframe, or other reasons at our discretion. Termination may result in the permanent loss of access to your account, data, and associated services. Upon termination, you must immediately cease using our services, and we may delete or retain your data in accordance with our data retention policy.
• Data Retrieval: In the event of account termination, you may request a copy of your data stored on our servers, subject to applicable fees and data retrieval procedures. We will make reasonable efforts to accommodate such requests, but we do not guarantee the availability or completeness of data retrieval.
• Refunds: Account termination does not entitle you to a refund of any prepaid fees or unused service credits, unless otherwise specified in our refund policy. Any outstanding balances or fees owed to us at the time of termination remain due and payable.
• Appeals Process: If you believe that your account was suspended or terminated in error, you may submit an appeal to our support team for review. We will investigate the matter and consider any evidence or explanations provided by you, but our decision on account reinstatement is final.
• Obligations Upon Termination: Upon termination of your account, you are responsible for removing any data or content stored on our servers and ensuring that no further use of our services occurs. We may assist you in transferring your data to another provider, subject to applicable fees and technical feasibility.
• Reservation of Rights: We reserve the right to retain or delete your data, content, or account information following termination, as deemed necessary to comply with legal obligations, enforce these Terms, or protect the integrity of our services.

Access Restrictions

• Shared Hosting Environment: In our shared hosting environment, users are prohibited from accessing the server terminal, SSH (Secure Shell), or obtaining root access. Shared hosting is designed to provide hosting resources to multiple users on the same server. Allowing direct access to server terminals or granting root privileges poses significant security risks, as it could potentially compromise the security and stability of the entire server, affecting all users hosted on it.
• Access to server terminals, SSH, or root privileges is restricted to system administrators and authorized personnel only. Users are provided with control panel interfaces and other user-friendly tools to manage their hosting accounts and website settings.
• Any attempts to circumvent these access restrictions or misuse server resources, including but not limited to running scripts or processes that consume excessive CPU or memory, may result in suspension or termination of your account without prior notice.
• If you require additional server access or functionality beyond what is provided in our shared hosting plans, please contact our support team to discuss alternative hosting solutions, such as virtual private servers (VPS) or dedicated servers, which offer more flexibility and control over server resources.

Refund Policy

• Eligibility: Refunds are only available for new customers who request a refund within 24 hours of the initial payment for our services. Refunds are not available for renewal payments, additional services, or purchases made after the initial payment.
• Refund Request: To request a refund, you must contact our billing department within the specified timeframe and provide a valid reason for the refund request. We reserve the right to deny refund requests that do not meet our eligibility criteria or are made after the specified timeframe.
• Refund Processing: If your refund request is approved, we will process the refund within 2 business days to the original payment method used for the purchase. Please note that it may take additional time for the refund to appear on your bank or credit card statement.
• Non-Refundable Fees: Certain fees and charges are non-refundable, including but not limited to domain registration fees, setup fees, add-on services, and any fees associated with third-party services or products.
• Prorated Refunds: Refunds are prorated based on the remaining unused portion of the service term. Any discounts, promotional credits, or coupons applied to the original purchase will be deducted from the refund amount.
• No Refunds for Violations: Refunds will not be issued if your account is suspended or terminated for violating our Terms of Service, Acceptable Use Policy, or other policies.
• Chargebacks: Initiating a chargeback or dispute with your payment provider without first contacting us to resolve the issue may result in immediate suspension or termination of your account. Chargebacks and disputes incur administrative fees, which will be deducted from any eligible refund amount.
• Currency Conversion: If your original payment was made in a currency other than ZMW, refunds will be issued in ZMW at the exchange rate applicable at the time of the refund, which may differ from the original exchange rate.
• Refund Policy Changes: We reserve the right to update or modify our refund policy at any time without prior notice. Any changes to the refund policy will be effective immediately upon posting on our website. It is your responsibility to review the refund policy periodically for updates or changes.

Changes to Terms of Service

We may update or modify these Terms, and customers will be notified of any changes.

Arbitration Disclosure

In the event of any dispute arising out of or relating to these Terms and Conditions or the use of our services, both parties agree to resolve such disputes through binding arbitration on an individual basis. This means that both parties waive the right to participate in any class, collective, or representative arbitration. The arbitration shall be conducted in accordance with the rules of the [Arbitration Association or Organization] by a single arbitrator appointed in accordance with said rules.

By agreeing to these Terms and Conditions, you acknowledge and agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as a class, collective, or representative action. You further agree that the arbitrator shall have the authority to award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

This arbitration provision shall survive termination of these Terms and Conditions. Any arbitration award may be confirmed by any court of competent jurisdiction.

Miscellaneous

Additional clauses or provisions may apply and will be outlined on our website.

Last updated: [20/03/2024]