User Agreement and Terms of Services
  1. Acceptable Use Policy

You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of Babaaz Web Solutions’ Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.

The following terms constitute an agreement between you and Babaaz Web Solutions. (“Babaaz Web Solutions”). This AUP governs your use of the services provided by Babaaz Web Solutions (the “Services”). BY USING THE SERVICES, YOU SIGNIFY THAT YOU AGREE TO THIS AUP.

Statement of Purpose

The Primary Purpose of Babaaz Web Solutions is to provide our clients with the resources necessary to put their Internet services online reliably in a lightning fast, high availability environment that responds quickly to each client’s individual needs.

Regarding Ultimate Liability

The client is ultimately responsible for individual server security. Babaaz Web Solutions disclaims all liability for server content.

Network Misuse

All clients are allowed access to the public and private network; however, misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Babaaz Web Solutions, and an appropriate course of action shall be taken as determined by Babaaz Web Solutions in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Content displaying or transferring acts of copulation or exposed genitalia is prohibited, regardless of context. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP.

Sabotage

Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.

Private Backbone Network (Babaaz Web Solutions Private Tunnel)

Babaaz Web Solutions enables the use of a private backbone network, allowing clients to transfer data between servers with unrestricted limits on upload/download. This private backbone is in place to allow the upload/download of content, transmission of information between authorized clients servers, server administration, and transmission of information between servers and Babaaz Web Solutions’ servers, secure private administration of services, console access, and data retrieval.

Network Security

Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.

Monitoring Policy

Babaaz Web Solutions does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Babaaz Web Solutions, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.

Blacklist Policy

If any client or any third-party user that is a customer of our client uses Babaaz Web Solutions services, network, or its physical infrastructure in a manner that causes Babaaz Web Solutions, or any IP addresses issued by Babaaz Web Solutions to be “blacklisted” or “blocked”, Babaaz Web Solutions reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Babaaz Web Solutions service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spam Haus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

IP Addresses

All IPs addresses issued by Babaaz Web Solutions are the sole property of Babaaz Web Solutions. Clients retain no ownership rights to any IP addresses issued by Babaaz Web Solutions. Clients may not transfer IPs from Babaaz Web Solutions. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact sales@babaazwebsolutions.com

Law Enforcement

Babaaz Web Solutions may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. Babaaz Web Solutions will notify the client of the information request as allowed by the subpoena.

Violation Claims

Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by Babaaz Web Solutions, including without limitation the customers, clients and other users of our clients.

Babaaz Web Solutions reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Babaaz Web Solutions also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.

 

 

 

  1. Terms of Service

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Babaaz Web Solutions’ Acceptable Use Policy (.AUP.), including SPAM, and all disconnect and reconnect fees associated with violations. Babaaz Web Solutions does not harden or enable additional server security software outside of operating system defaults.

The following terms constitute an agreement between you and Babaaz Web Solutions, . These Terms of Service govern your use of the services provided by Babaaz Web Solutions (the “Services”).

BY USING THE SERVICES, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Alameda County, California any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

Babaaz Web Solutions Accounts

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, you will have to create an Account. You represent and warrant that all information You submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to Us, as needed, while You are using the Services. You agree that You will notify Babaaz Web Solutions within five (5) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Babaaz Web Solutions to determine the validity of information provided by You will constitute a material breach of this Agreement.

 

If We have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion, to suspend or terminate your Account and any Services.

 

You are solely responsible for the activity that occurs on Your Account, whether authorized by You or not, and You must keep your Account information secure, including without limitation Your customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.

 

You must notify Babaaz Web Solutions immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss You incur due to any unauthorized use of Your Account. You, however, may be liable for any loss We or others incur caused by Your Account, whether caused by You, or by an authorized person, or by an unauthorized person. Further, You agree that We may charge You administrative fees equal to $50 (US Dollars) per hour for Our time spent in relation to said matter, regardless of whether or not We return control over the Account and/or domain names in question to You.

Babaaz Web Solutions’ Responsibilities

Babaaz Web Solutions agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Babaaz Web Solutions reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Babaaz Web Solutions.

Changes to Terms of Service and AUP

Babaaz Web Solutions’ Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Babaaz Web Solutions. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time-to-time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.

Non-Payment/Service Interruption

At the time of registration, you must select a payment method. Babaaz Web Solutions reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, your account will be deemed past due. For any past due Fees, Babaaz Web Solutions will charge You interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until paid.

Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Babaaz Web Solutions. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. Babaaz Web Solutions is not responsible for data integrity, regardless of circumstance. Babaaz Web Solutions strongly recommends keeping up to date and off network backups to protect against data loss.

Invoicing, Payment

You agree that Babaaz Web Solutions.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Babaaz Web Solutions.com may be turned over to an outside collection agency for collection.

Subscriber is aware that Babaaz Web Solutions.com may prospectively change the specified rates and charges from time to time.

 

Babaaz Web Solutions.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Babaaz Web Solutions.com

Refunds / Fees

No all of Services of Babaaz Web Solutions are eligible for a refund unless it is specified on the website or Term of services. All set-up fees and special programming fees are non-refundable. Fees for Services are payable in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.

 

The refund of cloud service will be issued to your account balance instead of your credit card or PayPal account. If you need refund to your bank, please contact our support team.

By requesting a full refund, the service under your order will be cancelled and we will revert back the full order amount to your account balance.

By default, each kinds of Cloud Service under your account have 1 chance（Cloud Server 1 time, load Balancer 1 time）to request full refund, you can request at “Refund List” under billing section.

If you need a refund, please don’t click “destroy” button under the Cloud Services, system will not issue the refund to you.

 

Subject to rules above, cloud Service registered within 3 days is eligible for a full refund. The total refund amount relates to the daily cost of the order. For example, if the month cost is $30/mo, you requested a refund at the 5th day, you will be deducted by $5 from the monthly cost.

 

Once the Cloud Service is renewed/ upgraded, it cannot be refund.

 

Coupons and Discount Codes – From time to time, Babaaz Web Solutions may offer coupons or other discount codes which may be used when signing up for hosting with Us. Coupons and discount codes are for first-time customers of Babaaz Web Solutions and must be used at the time of Your initial purchase with Us – they may not be applied after Your service with Us has already been initiated.

 

Any material that in Babaaz Web Solutions judgment, is either obscene or threatening is strictly prohibited and will be removed from Babaaz Web Solutions servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund.

 

As we are providing digital services like domain and Cloud service and delivering them to you through the internet online, we do not accept any kind of reason for charge back for service not being delivered in time.

Babaaz Web Solutions.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Babaaz Web Solutions.com.

 

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25 will be applied to the account which must be paid within 15 days to avoid full account suspension. Babaaz Web Solutions assumes no liability for the integrity of the data stored on a suspended server.

Cancellations

Babaaz Web Solutions requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Official Babaaz Web Solutions Resellers may cancel their servers up to twenty-four (24) hours after the server’s billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Babaaz Web Solutions. All information available to Babaaz Web Solutions about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.

Disclaimers of Liability; Indemnification

WE PROVIDE THE SERVICES .AS IS., WITH ALL FAULTS. AND .AS AVAILABLE. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A BABAAZ WEB SOLUTIONS. REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Support

Babaaz Web Solutions.com, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Babaaz Web Solutions.com provides support related to your Babaaz Web Solutions virtual server physically functioning. Babaaz Web Solutions.com does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Babaaz Web Solutions.com does not provide technical support to your customers.

Abuse/Spam/Bulk Email Policy

Babaaz Web Solutions reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

The following actions will be taken on a case-by-case basis:

  1. An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically, no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
  2. If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
  3. Habitual neglect of abuse occurring on a client’s server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.

Babaaz Web Solutions reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Babaaz Web Solutions reserves the right to issue a fine of $200 and immediately terminate the service.

Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, our abuse department will offer the following options:

  • At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
  • Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
  • If Operating System reinstallation is not accepted as an option, Babaaz Web Solutions may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
  • Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide Babaaz Web Solutions with an explanation via ticketing system within 10 days of the abuse ticket being opened.

DMCA Complaints

Babaaz Web Solutions handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. Babaaz Web Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

The following actions will be taken on a case-by-case basis:

  1. A ticket is opened as a warning, providing 48 hours to resolve the situation.
  2. After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, Babaaz Web Solutions reserves the right to assess a $25 fine.
  3. After 72 hours with no resolution, services on the server in question will be suspended.
  4. After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.

Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay .Research Fees’ not to exceed $50 per hour that Babaaz Web Solutions personnel must spend to investigate the matter, to be charged only if claims are found to be valid.

Bandwidth Usage/Overages

Dedicated Bandwidth is unmetered. For shared Bandwidth Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty five cents) over the allotted bandwidth on the service. Babaaz Web Solutions reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. Babaaz Web Solutions is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

Payment Verification

Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Babaaz Web Solutions. The identity verification measures may include the faxing of two forms of government issued identification to Babaaz Web Solutions, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.

Publicity

Babaaz Web Solutions keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Babaaz Web Solutions reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.

All communications from Babaaz Web Solutions and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.

Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, .Notices.). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the .Terms of Service. link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Alameda County, California. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN ALAMEDA COUNTY, CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SERVICES, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN ALAMEDA COUNTY, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

  1. Babaaz Web Solutions FreeTrial Terms

 

lThe Babaaz Web Solutions Free Trial program provide 3 month Free Trail offers but not limited to such (“Offers”) for use of Babaaz Web Solutions Cloud services under the Babaaz Web Solutions Cloud Terms of services and the terms of the Babaaz Web Solutions Customer Agreement and other agreement with Babaaz Web Solutions governing your use of Babaaz Web Solutions  Services (the “Agreement”).

 

lThe 3 Month Free Offer is available to new & existing Babaaz Web Solutions Resellers provided that Resellers has an activated Credit Card in account and the Reseller had topped up at least $1(Non-Refundable) to account balance with linked Credit Card. The free Trial ECS is available for 3 months following the day the Reseller claims the free Trial Offer.

 

lYou will not be eligible for any Offers if you or your entity create(s) more than one account to receive additional benefits under the Offers.

lAn Organization can only benefit from Offers from one account in the Organization, and to calculate the Organization’s use of Babaaz Web Solutions Services under any Offers, we will aggregate the usage across all accounts in the Organization. You will be charged standard rates for use of Babaaz Web Solutions Services if we determine that you are not eligible for an Offer.

 

lWe will continuously remind new Reseller for their 3 Month Free Trial but we do not guarantee that every Reseller can get the free Trial successfully due to the limited resource. We will change the banner when the Free Trial Campaign is over. If the free trails offer is over, you will not be entitled to get such new benefits. We will try our best to provide different kinds of offer not limited to Free trial offer to you in the future.

lIf you have not used the Offer after claiming the offer（2CPU 2GBRAM 50GB disk 1M Uplink bandwidth）during the previous 15 days, we may reclaim those resources after giving you 15 days’ notice. Even if your free are reclaimed, you may continue to participate in other Offers.

 

lUnused usage amounts remaining at the end of the month under any Offers do not roll over to subsequent months.

 

lYou may not use Babaaz Web Solutions Services under any Offers to mine for cryptocurrency. If you use Babaaz Web Solutions Services under an Offer to mine for cryptocurrency, we may charge you standard rates for your use of the AWS Services, and we may suspend your right to access or use any portion or all of the Service Offerings.

  1. Privacy Policy for Babaaz Web Solutions.

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at sales@Babaaz Web Solutions.com.

At Babaaz Web Solutions, ., the privacy of our visitors is of extreme importance to us. This privacy policy document outlines the types of personal information that is received and collected by Babaaz Web Solutions, . and how it is used.

Coverage of this Policy

This privacy policy includes Babaaz Web Solutions.com, lstn.net and all subdomains within.

Log Files

Like many other Web sites, Babaaz Web Solutions, . makes use of log files. The information inside the log files includes Internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Google Analytics

All of the same information recorded in Log Files is also transmitted to Google Analytics. No personally identifying data is included in this type of reporting. You may opt out of Google’s advertising tracking cookie or a browser plugin to opt out of all Google Analytics tracking software if you would like by clicking on the links provided.

Cookies and Web Beacons

Babaaz Web Solutions, . does use cookies to store information about visitors preferences, record user-specific information on which pages the user access or visit, customize Web page content based on visitors browser type or other information that the visitor sends via their browser.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.

Online Advertising

Upon visiting Babaaz Web Solutions, . you will receive a tracking cookie from certain advertising network such as Google and or other site accounts owned by Babaaz Web Solutions, . which specifies if you are either a current client, current reseller or only a visitor of our site. This cookie is then used on Google’s, Bing, Facebook, and Twitter, advertising network to provide you with ads relevant to you.

Information Sharing

Babaaz Web Solutions, . only shares personal information with other companies or individuals outside of Babaaz Web Solutions, . in the following limited circumstances:

  • We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
  • We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Babaaz Web Solutions, ., its users or the public as required or permitted by law.

If Babaaz Web Solutions, . becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Babaaz Web Solutions, . employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).

Additional Privacy Rights for Individuals in the European Union

In addition to the rights described elsewhere in this Privacy Policy, you may have additional Personal Information protection rights pursuant to applicable information protection legislation. If you are an individual in the European Union, these may include the right to information portability, the right to withdraw consent for processing, the right to object to or restrict the processing of your Personal Information, and the right to lodge a complaint with the supervisory authority of the EU country in which you reside.

How You Can Contact Us about Privacy

If you have any questions, comments, or concerns about your privacy or this Privacy Notice, please contact us at support. Babaaz Web Solutions.com or you may write to us at the following address: Babaaz Web Solutions Off # 49, Lower Ground, Gohar Centre, Wahdat Road, Lahore,
Pakistan

 

  1. SLA

Network SLA

Babaaz Web Solutions guarantees a 99.99% monthly network uptime per this Service Level Agreement (from here on referred to as “SLA”). Please note that terms and conditions apply.

Network Uptime

Babaaz Web Solutions’ Uptime SLA Credit Monthly

99.99% and above    0%

99.9% and above 10%

99.8% and above 20%

99.7% and above 30%

99.5% and above 40%

99.2% and above 50%

99.15% and above 60%

99.1% and above 70%

99.05% and above 80%

Below 99.0% 100%

Packet Loss and Latency

  • Babaaz Web Solutions does not proactively monitor the packet loss or transmission latency of specific customers. Babaaz Web Solutions does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that Babaaz Web Solutions discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) (“Excess Packet Loss”) between your instance and one hop from Babaaz Web Solutions’s border router(s) (first hop of egress providers router) and You notify Babaaz Web Solutions via a support ticket (or Babaaz Web Solutions has notified You of an event), Babaaz Web Solutions will take all actions necessary to determine the source of the Excess Packet Loss/Latency. Current Generation – All current generation hardware that fails in whole or in part qualifies for our 4 hour SLA. This SLA is only valid after the problem has been confirmed to be faulty hardware.
  • Immediate Prior Generation – SLA for the immediate prior generation hardware (“End of Life” or “End of Sale”) is based on our best efforts, without time limit, and is subject to repair or replacement hardware being commercially available.
  • Older Prior Generation – For older prior generation hardware, our SLA is best efforts and limited to replacement hardware on hand.
  • Hardware Not Currently Offered – Any hardware that is not currently offered on our order page is ineligible for SLA.

Terms and Conditions

  • Babaaz Web Solutions extends this SLA to its direct clients only. Babaaz Web Solutions is not liable for downtime caused by a reseller of its services.
  • Babaaz Web Solutions offers SLA credits for use in future billing cycles only. SLA credits are non-transferrable in any way. SLA credits may not be exchanged for currency of any kind.
  • SLA credit is calculated from the time a ticket is opened regarding the issue to the time the issue is resolved.
  • Any Customer account not in good standing on payments is not eligible for SLA credit.
  • Any Customer account which has had been out of good standing on payments 3 times or more within 12 months prior to the outage is not eligible for SLA credits.
  • Any Customer server disconnected due to violation of the AUP/TOS is not eligible for SLA credit.
  • All SLA claims must be made with the sales department, and will be issued as account credits.
  • Any Customer making false SLA credit claims may be charged a $50 administrative fee per offense.
  • All SLA claims must be made within seven days of the network downtime. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.
  • SLA credits may not exceed the full monthly amount of the server they are being applied to.
  • SLA credit claims can only be made by an authorized user on the account. All other unauthorized claims will be denied.
  • SLA credits may not be stacked, i.e. claiming SLA credit on both uplink downtime, as well as power downtime during the same incident.
  • In no way does the Babaaz Web Solutions SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit.
  • Any form of management by Babaaz Web Solutions of Customer software is not eligible to be included in the Babaaz Web Solutions SLA. Any form of hardware reconfiguration due to software or management of software is not eligible to be included in the Babaaz Web Solutions SLA.
  • Faulty hardware qualifies for the Hardware SLA only when 4 hours have passed from the time that a Babaaz Web Solutions Technician has officially diagnosed the problem as being caused by faulty hardware. Until diagnosis is confirmed, the Hardware SLA is inactive.
  • Hardware upgrades are eligible for the Hardware SLA only after 4 Hours from the scheduled (between Customer and support) time for repair passes. All hardware upgrades must be scheduled with support in order to be eligible for the Hardware SLA. Immediate, or “as soon as possible” hardware upgrades are not eligible for the Hardware SLA.
  • Any failure outside of the Babaaz Web Solutions network itself, including bandwidth carrier outages, are not eligible for SLA credit.
  • Scheduled maintenance of Babaaz Web Solutions network is not eligible for any form of SLA credit.
  • Acts of God, including weather, natural disaster, or any other disaster outside of the control of Babaaz Web Solutions are not eligible for SLA credit.
  • The Babaaz Web Solutions SLA is subject to change or revision without notice.