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This policy represents the Scalacoms’ Terms and Conditions/Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Scalacoms customers agree to when they sign-up for any of the Scalacoms website hosting services and digital solutions. Scalacoms reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by Scalacoms agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their services with Scalacoms.  Scalacoms retains the sole discretion to make judgment regarding any violation by any Scalacoms customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for Scalacoms maintaining one or more accounts (each “Account”), you, as the Scalacoms customer, agree to the following terms of service.

Definitions

“We” “Us” or “Provider” or “Scalacoms” – Scalacoms.com

“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

We offers a 99.9% uptime guarantee.  Scalacoms is not responsible for any downtime caused by any provider’s hardware or network malfunction which is outside of Scalacoms capability to directly correct. Scalacoms clients are diverse and their websites and the function of those websites are diverse and Scalacoms cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber-attack.

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Scalacoms MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Scalacoms nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Scalacoms, even if Scalacoms has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL Scalacoms BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Scalacoms. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Scalacoms. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Scalacoms HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Scalacoms. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Scalacoms FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS.  LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold Scalacoms and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Scalacoms’ servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Scalacoms. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Scalacoms’ gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Domain Names Services from Scalacoms

Domain Registration. We make no representations as to the availability of a particular domain name requested for registration by you (Domain). A Domain will always be registered in or transferred into your name, not Scalacoms’. You should manage your Domain’s WHOIS data through your Scalacoms’ client area at clientsarea.scalacoms.com. It is your responsibility to ensure that all data is accurate. Your Domain may be taken offline if you fail to keep your contact data up to date and it cannot be verified. To provide the best service we may from time to time change the registrar that a Domain is held with, at our discretion and without notice. Such a change does not impact your domain name usage.

For all applicable gTLDs you agree that we will act as a Designated Agent, in accordance with ICANN’s Transfer Policy, for you whenever a request is made to update the registrant contact details associated with a Domain. In that respect, you authorise us to approve a change of registrant of any change to the registrant’s details on behalf of you.

Checking the registration/renewal

Our service is limited to the forwarding of your order to the registry. It is your sole responsibility to ensure that the domain has been registered, renewed and/or transferred as appropriate. We accept no liability for any failure to register or transfer the Domain.

Third Party terms and conditions. Domain registration is subject to third party terms and conditions including those from the relevant registry for the Domain extension.  By submitting your order to us you are confirming that you will at all times and in all respects comply with ZISPA’s, ICANN’s and any relevant registry’s terms and conditions for domain registration and use. You will indemnify us in respect of any failure by you to comply with the terms of this Agreement or any failure to comply with the registry’s terms and conditions.

Domain Renewals.

We will endeavour to automatically renew a Domain on your behalf when it is due for renewal.  Renewals will ordinarily be renewed for the same duration as the initial registration period, unless you instruct in writing of any required amendment or modify the renewal settings in your client area. The renewal will be charged at the prevailing rate at the time of renewal. We shall take payment for Domain renewals up to 7 days prior to the Domain renewal date in order to ensure that the Domain is renewed on time.

Domain Transfers and Ownership Terms

We shall determine the ownership of a registered Domain by reference to the details held on the Whois database. If the Whois database details are not determinative then we shall be entitled to request whatever supporting evidence we may require to ascertain ownership. It is your obligation to resolve any dispute over ownership with a third party. We are under no obligation to carry out a transfer request if we are not satisfied that the correct consents and permissions have been obtained.

You are solely responsible for completing any steps required to transfer the domain, including but not limited to: changing the Nominet IPSTAG of the domain, unlocking the domain name, providing the Authorisation code, and approving a transfer request. You acknowledge that one year may be added and charged to some domain extensions when transferred. Some domains have maximum registration periods and you acknowledge this may prevent a transfer if the renewal would push the registration over the registry term limit. We will not initiate transfer of a Domain until the order has been placed and fully paid.

Expired Domains

 In the event that a domain name is not renewed by its expiry date it shall cease to operate and shall be deemed to be expired. A registered Domain shall expire if we are unable to take payment via the method provided, or where you have set the Domain to expire or fail to manually renew the Domain before the renewal date.

Following the expiry date a domain may enter a grace and/or redemption period. In this situation you acknowledge that we may at our discretion, within three calendar days after the date of expiration of a Domain renew the Domain; or, park the Domain on different name servers from those set by you. Domains from registries which do not allow for a grace and/or redemption period may be unrecoverable by us following the expiry date, in which case our agreement will terminate immediately and without liability to us. Further, we are under no duty to attempt to recover such Domain.

Provided that the relevant registry for the Domain allows a grace period, you acknowledge that you have the length of their grace period (for example, 30 days) following the expiry of the Domain (‘the Grace Period’) to contact us to retrieve and renew the Domain provided that you pay for said renewal in full and in cleared funds. On receipt of the renewal fee by us within the Grace Period, you will retain ownership of the Domain and as soon as reasonably practicable we shall restore the Domain to your control panel.

Hosting Services Provided By Scalacoms

Scalacoms will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide Internet content to the general public. The Service allows Scalacoms members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Scalacoms members will use the provided services in a manner consistent with any and all applicable laws. Scalacoms provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Scalacoms reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Scalacoms can terminate client’s account without notification.

Scalacoms.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with Scalacoms.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise.

Scalacoms will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that web pages and files uploaded to servers will not violate any national or foreign laws or regulations; infringe on any intellectual property rights of Scalacoms or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Scalacoms or any third party. Customers may not run IRC, bots or clients. Clients may not use Scalacoms servers for file storage unrelated to the client’s website, storage is for active website file pages only. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Scalacoms will be the sole and final arbiter as to what constitutes a violation of this policy. Scalacoms does not normally monitor the contents of clients servers, however if suspicion occurs, Scalacoms reserves the right to investigate and terminate the clients subscription to the service.

Unlimited or Unmetered Features

What do you mean by “unlimited or unmetered disk space and bandwidth/data transfer”?

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build your online brand to a wider audience.

Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.

If a customer’s hosting account is found to have violated the client content, Resource User Policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.

Resource User Policy

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Scalacoms offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Scalacoms control any excessive usage by customers so that they do not disrupt the service quality of other customers. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”.  There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. Scalacoms will make every reasonable effort to notify customer prior to suspension, however, Scalacoms may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account or virtual private server. Scalacoms will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

No “Spam”

Spam” originating from a server located on our network or associated with a Scalacoms server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Scalacoms network but is sent from an e-mail address not associated with that Scalacoms account. Client shall not use their Scalacoms services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Scalacoms reserves the right to deactivate or terminate any account(s) upon any identification of such activity without notice.

Excessive Exploits

Scalacoms allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Scalacoms.com reserves the right to terminate that clients’ account and provide them with a prorated refund.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Backup Files

Scalacoms provides the tools needed to create backups of account data. Scalacoms also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. Scalacoms does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.

Website Migrations

The Scalacoms Migration department will make a good-faith effort to help you move your website to us. All websites migrated by Scalacoms are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete a migration. As each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, this may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host, and there may be cases where websites cannot be transferred from another host without additional configuration outside of what Scalacoms can provide.

Completing a website migration request requires Scalacoms to access your previous hosting providers interface using your provided username and password. By submitting a website migration request, you grant Scalacoms full authorization to access your previous hosting provider, website files, databases and emails to complete your request. Scalacoms cannot under any circumstances make any changes at your previous provider, including DNS / nameserver changes. Customers needing assistance updating their DNS are encouraged to contact their current domain registrar, or to utilize our domain transfer service to manage their domain(s) along with their hosting services. You can request a domain transfer to Scalacoms from within your Scalacoms Account. The free transfer service is available for thirty (30) days from your initial sign-up date. Website migrations outside of the thirty (30) day period will incur a charge based on our rates as outlined in our Migration Policy. In no event shall Scalacoms be held liable for any lost or missing data or files resulting from a transfer to or from Scalacoms, or during any migration request. You are solely responsible for backing up your data in all circumstances and should not rely on our internal backups for such purposes.

Technical Support Services

Except as described otherwise stated below, Scalacoms will provide technical support via ticket, chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Scalacoms’ Technical Support Services, you grant Scalacoms permission to access your account and make any changes necessary to resolve your issue. You agree that Scalacoms and its agents and employees are not liable for any damage resulting from the provision of customer support.

Ineligibility for Technical Support Services

Scalacoms will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Scalacoms’ control, or (ii) your failure or refusal to implement changes recommended by Scalacoms; or (c) you are abusive toward our staff in any manner. Should you violate any of these provisions, Scalacoms at its sole discretion, reserves the right to suspend services and/or put your account in a restrictive state to prevent further abuse of our staff or services.

Scalacoms reserves the right to refuse Technical Support Services to any customer, for any reason, regardless if any of the provisions listed in this agreement have been breached. Such refusal will be determined at Scalacoms’ sole discretion.

Malware Cleanup Service

The Scalacoms Malware Cleanup Service is available for WordPress websites only, and involves applying all available software updates to ensure optimal website security. Malware infections may cause your website to become inoperable, even after applying software updates. By requesting a cleanup using the Malware Cleanup Service, you agree in full to the Malware Cleanup Terms of Service and acknowledge that there is no guarantee for this service.

No Liability

Scalacoms will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

Termination by Scalacoms

Scalacoms may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to Scalacoms; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Scalacoms or others, cause Scalacoms or others to incur liability, or disrupt Scalacoms’ business operations (as determined by Scalacoms in its sole discretion); (iv) you are abusive toward Scalacoms’ staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Scalacoms will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Payment Obligations

Full payment is required in advance before hosting service is established. Scalacoms sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that Scalacoms may require) is accurate and truthful. All payment-due notices will be sent by e-mail. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to Scalacoms prior to the renewal date and although Scalacoms sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Scalacoms, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

Scalacoms may change its prices from time to time. Scalacoms may increase fees for its services on its website or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account’s billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by Scalacoms through your account or other methods of communication and notices sent or posted by Scalacoms.

Renewals

It is the obligation of the Scalacoms’ customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the Scalacoms cancellation form 5 business days prior to their account’s renewal date to ensure that the billing department can stop any renewal charges. Scalacoms’ clients receive email notifications between 15 and 30 days prior to the renewal date of their account depending on the service subscribed to, informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that Scalacoms has a valid email address for which notices can be sent to Scalacoms’ clients. If Scalacoms does not receive a cancellation request prior to the customer’s renewal, Scalacoms will renew the clients’ account 24 hours prior to the renewal date, and will apply charges as appropriate. Services will be automatically renewed on the renewal date and be billed at the then current renewal fee(s) for the plan that the customer is currently subscribed to. In the case of insufficient funds to charge such amount, you agree to allow Scalacoms to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc. The 30-day money back guarantee applies only to the start date of the clients’ service with Scalacoms, and does not apply to renewals of service.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Scalacoms’ invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Domain Payments

Domain renewal notices are provided as a courtesy reminder and Scalacoms is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals receive thirty (30) day notification before the renew date, and are automatically renewed one (1) day before the renew date.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Scalacoms may report any such misuse or fraudulent use, as determined in Scalacoms’ sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

You have forty-five (45) days to dispute any charge or payment processed by Scalacoms. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance

Currency

All prices listed are in US Dollars ($), for all services otherwise specified.

Coupon Use

Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Scalacoms has the right to refuse any coupon code that it believes to be invalid. Scalacoms will honor the lowest advertised price on our website located at https://www.scalacoms.com/ at the time of order.

Cancellation

Website files are the responsibility of the Scalacoms customer and should a Scalacoms customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Scalacoms server prior to requesting that Scalacoms cancels their account. Once the cancellation request has been submitted to Scalacoms a cancellation of the website hosting service may occur any time after the request is received by Scalacoms and when a cancellation request is completed the client’s hosting account with Scalacoms and their website files are permanently removed from the Scalacoms servers. Therefore, again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.