Terms of Service

Terms and Conditions
This policy represents DURRAQ Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all DURRAQ customers agree to when they sign-up for any of the DURRAQ web site hosting services. DURRAQ 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 DURRAQ agree to be obligated by and must comply with all policies in this TOS or must otherwise optout of and cancel their web hosting service with DURRAQ. DURRAQ retains the sole discretion to make judgment regarding any violation by any DURRAQ customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer services without refund and/or, if deemed appropriate, be legally prosecuted.
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General Provisions
In consideration for DURRAQ maintaining one or more accounts (each "Account"), you, as the DURRAQ customer, agree to the following terms of service.
Definitions
- "We" "Us" or "Provider" or "TASJEEL.AE" or "DURRAQ." - DURRAQ FZE
- "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 web site 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.
DURRAQ however, will try to maintain maximum uptime. DURRAQ is not responsible for any downtime caused by the client. . This is valid for only the DURRAQ servers and our primary co-location internet connection. DURRAQ shall pursue partnerships with all resource and channel available to maintain maximum uptime, however, DURRAQ is not responsible for any down time caused by any provider.s hardware or network malfunction which is outside of DURRAQ capability to directly correct. DURRAQ clients are diverse and their web sites and the function of those web sites are diverse and DURRAQ 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.
DURRAQ 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 DURRAQ nor any one 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 DURRAQ, even if DURRAQ has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL DURRAQ 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 DURRAQ. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF DURRAQ. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DURRAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DURRAQ. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DURRAQ FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, DURRAQ. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
Indemnification
You agree to indemnify, defend and hold DURRAQ 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 DURRAQ. 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 DURRAQ. equipment or to any other accountholder, 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 DURRAQ. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by DURRAQ
DURRAQ will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows DURRAQ members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. DURRAQ members will use the provided services in a manner consistent with any and all applicable laws. DURRAQ 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. DURRAQ 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, DURRAQ can terminate client's account without notification.
DURRAQ and TASJEEL.AE provides timely best effort support to our clients through emails, chat and phones. By accepting your client contract agreement with DURRAQ and TASJEEL.AE You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of DURRAQ and TASJEEL.AE and any employee or contractor of DURRAQ and TASJEEL.AE.
DURRAQ and TASJEEL.AE operations are 24x7x365 for their online services. Physical operations are limited to 08:00AM to 04:00PM UAE time.
a. Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of DURRAQ 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 DURRAQ or any third party. Customers may not run IRC, bots or clients. Clients may not use DURRAQ servers for file storage unrelated to the client's web site, storage Space is for active web site file pages only. DURRAQ' shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at DURRAQ. Unacceptable uses also include: selling Prescription drugs, selling Drugs and drug paraphernalia, selling Firearms or ammunition, selling Weapons and knives, selling Satellite and cable TV descramblers, Government IDs and licences including replicas and novelty items, lotteries or gambling services, Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, Multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other .get rich quick. schemes or high yield investment programmes, Goods or services that infringe the intellectual property rights of a third party, 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, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. DURRAQ will be the sole and final arbiter as to what constitutes a violation of this policy. DURRAQ does not normally monitor the contents of clients servers, however if suspicion occurs, DURRAQ reserves the right to investigate and terminate the clients subscription to the service.
b. Unlimited Features:
What do you mean by "unlimited 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 a great online presence.
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 Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.
If a customer's hosting account is found to have violated the client content, excessive 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 before hand, can occur without notice.
c. Excessive Resource User Policy:
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. DURRAQ offers a shared web hosting service in which environment customers may share resources with other customers, therefore it is imperative that DURRAQ control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also 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. DURRAQ will make every reasonable effort to notify customer prior to suspension, however, DURRAQ 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 client whom is using "excessive resources" may be asked to migrate his/her package to dedicated server packages which could serve their excessive usage utilization. DURRAQ will be the sole and final arbiter as to what constitutes a violation of this policy.
d. No "Spam":
UCE/UBE or "Spam" originating from a server located on our network or associated with a DURRAQ server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the DURRAQ network but is sent from an e-mail address not associated with that DURRAQ account. Client shall not use their DURRAQ 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. DURRAQ reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
e. Excessive Exploits
DURRAQ 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 or 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 DURRAQ and TASJEEL.AE reserves the right to terminate that clients' account and provide them with a prorated refund.
f. False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact DURRAQ concerning unethical, false or unlawful activities by you, DURRAQ reserve the right to suspend or terminate your service with or without notice.
g. Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services
h. Back-Up Files:
DURRAQ provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. DURRAQ does not back-up, or keep records or copies of our clients web site files and is not responsible for any loss of data.
Payment, Renewal, Cancellations
Payment Obligations:
Full payment is required in advance before hosting service is established. DURRAQ sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
As the payment gateway charges the transactions in EUROS, do note that there might be a slight difference in the charged price if your Credit Card is another currency.
You warrant and represent that the information you supply in the Order Form (or other information that DURRAQ may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. 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 DURRAQ prior to the renewal date and although DURRAQ 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 DURRAQ, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
Renewals:
Your hosting service(s) will be renewed only upon payment of the issued invoice(s). Domain name(s) renewal reminder notifications will be sent around the respective domain(s) expiry period and will not be auto renewed. Upon no domain name renewal action from you as a registrant, your domain(s) shall expire and subsequently purge as per the respective TLD policies.. For accounts who used a coupon upon their initial purchase to reduce the cost of signing up with DURRAQ those coupons are good for only the initial purchase and initial activation of the customers' account and the coupon is not applied to the renewal of their customer account.
Late Fees:
Clients have the option to pay an invoice at any time by logging into their TASJEEL.AE account and submitting a payment. A hosting invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a AED 15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus AED 15.00 must be submitted to DURRAQ. DURRAQ does not apply any late fees on .ae or امارات. (dotEmarat) domain names registration and renewal service.
Cancellation & Refunds:
Should you want to cancel your .ae or امارات. (dotEmarat) domain name within the first 3 days of your domain registration, DURRAQ will refund your full domain registration fee minus the credit card processing fee (AED 10). Refunds are not available for customers after 3 days of domain registration. You may however cancel your account at any time. You may need to contact customer service and verify information before cancellation takes place. Customer are requested to submit a ticket requesting canceling the domain name.
In addition refunds are not available for additional services which you may purchase at DURRAQ for instance hosting service , or a dedicated IP which we may setup for a client for a charge is not refundable.
Web site files are the responsibility of the DURRAQ customer and should a DURRAQ customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the web site files and any emails from the DURRAQ server prior to requesting that DURRAQ cancels their account. Once the cancelation request has been submitted to DURRAQ a cancelattion of the web site hosting service may occur anytime after the request is received by DURRAQ and when a cancelation request is completed the client's hosting account with DURRAQ and their web site files are permenantly removed from the DURRAQ servers. Therefore again it is the client's obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.
.ae & امارات. (dotEmarat) Domain Name Registrant Agreement
By Registering your desired .ae or امارات. (dotEmarat) Domain Name,You will be entering into a Registrant Agreement with DURRAQ and a Domain Name Licence with the TRA. Should You not agree to any of the conditions in the Registrant Agreement or the Domain Name Licence, do not proceed with the Registration. A copy of the Registrant Agreement is presented below.
1. Registrar's agency
The Registrar agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.
2. Registration of Domain Names
2.1 A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.
2.2 The Registrar and the Registrant do not have any proprietary right arising from:
2.2.1 the Registered Name; or
2.2.2 the entry of a Domain Name in the Registry Database.
2.3 All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE.
3. Registrant information
The Registrant grants to:
3.1 the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA's website;
3.2 the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA Registry in order to Register the Domain Name in the Registry; and
3.3 the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .aeDA Registry to maintain a public WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.
4. Change of Registrar
4.1 The Registrar must ensure that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the .aeDA Policies. The .aeDA Policies include, but are not limited to, such matters as:
4.1.1 the maximum fees chargeable by the Registrar;
4.1.2 when fees are not chargeable by the Registrar;
4.1.3 the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and
4.1.4 the circumstances pursuant to which the Registrar does not have to transfer the Sponsorship of the Registered Name the subject of this Agreement.
4.2 In the event that:
4.2.1 the Registrar is no longer a Registrar; or
4.2.2 the Registrar's Accreditation is suspended or terminated; or
4.2.3 the Registry-Registrar Agreement (RRA) is terminated by .aeDA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the .aeDA. Policies within 30 Calendar Days of written notice being provided to the Registrant by the .aeDA.
In the event that the Registrar-Registry Agreement (RRA) between the .aeDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.
5. Registrar's obligations
5.1 The Registrar must immediately give written notice to the Registrant if:
5.1.1 the Registrar is no longer a Registrar; or
5.1.2 the Registrar's Accreditation is suspended or terminated; or
5.1.3 the Registry-Registrar Agreement (RRA) is terminated by the .aeDA.
5.2 The .aeDA may post notice of:
5.2.1 the fact that the Registrar is no longer a Registrar;
5.2.2 the suspension or termination of a Registrar's Accreditation; or
5.2.3 the termination of the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar
on its web site and may, if it considers appropriate, give such written notice specifically to the Registrant.
6. Registrant's obligations
6.1 Throughout the Term of the Registrant Agreement, the Registrant must:
6.1.1 comply with the .aeDA Policies; and
6.1.2 give notice to the .aeDA Registry, through the Registrar, of any change to any information in the Registrant Data.
6.2 The Registrant must not, directly or indirectly, through Registration or use of its Domain Name or otherwise:
6.2.1 Register a Domain Name for the purpose of diverting trade from another business or web site;
6.2.2 deliberately Register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill; and
6.2.3 Register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another Registrant from Registeringit.
6.3 The Registrant must not in any way:
6.3.1 transfer or purport to transfer a proprietary right in any Domain Name Registration;
6.3.2 grant or purport to grant a Registered Domain Name as security; or
6.3.3 encumber or purport to encumber a Domain Name Registration.
6.4 The Registrant will, immediately upon being requested to do so, enter into Domain Name Licence with the .aeDA.
7. Dispute resolution
7.1. The .aeDA currently has in place a dispute resolution policy called aeDRP (the .ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.
8. Registrant Warranties
8.1 The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name Licence may be terminated by either the Registrar or the.aeDA.
8.2 The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Rgreement if any of the warranties are not true.
8.3 The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:
8.3.1 the Registrant is relying upon the same Eligibility criteria for both Domain Names; and
8.3.2 the Domain Name has previously been rejected by the other Registrar.
9. Liability
9.1 The Registrant shall not pursue any claim against the .aeDA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the .aeDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar.
9.2 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the .aeDA, entitling the .aeDA to terminate the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar, the .aeDA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).
9.3 The Registrant agrees that the .aeDA is not responsible for the use of any Domain Name in the Registry database and that the .aeDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
9.4 Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the .aeDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the .aeDA, its employees, agents or subcontractors.