Service Agreement

Service Contract

Server Mart Service Contract Where the content states: “We” or “Us” or “Our” includes Server Mart or any party acting on Server Mart’s implicit instructions. “You” or “Your” or “Reseller” or “client” or “customer” includes the person purchasing the services and/or any party acting on the customer’s instructions. “Member” includes the purchaser of services and/or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. Server Mart reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.Server Mart.com/tos.htm. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement. By using any portion of Server Mart’s service, you are agreeing to this service agreement on this document entirely.

This document is the contract between You and Server Mart.

Delivery of Services

• Immediately upon successful payment you will receive an automated receipt from our systems. Please print an retain a copy of this and retain in a safe place for future reference.
• Your unique customer username will be on this receipt and should be used for an enquires to Server Mart.
• Please note that we aim to deliver all goods as soon as signup and payment are completed. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.
• All orders are delivered electronically via email, If you have any questions about your order please contact us at support@servermart.net
• Our trading hours are 365 Days a Year, 24/7. Normally we will respond within 1 hours of receiving your enquiry.
• The services available on this site are subject to both export and or import restrictions. Please check regulations in the country you are in to see if these products are allowed for import into your country.

SLA Conditions

• If your service drops below 99.5% uptime in any given month you will be credited with one free week of extension of billing cycle. This must be claimed within 3 days of our monitoring dropping below this level.
• Any planned maintenance work is except from this guarantee and will be ignored. Dedicated servers currently have no SLA.
• Uptime level is calculated by our status page and monitors only.

Web Hosting

These Terms of Service and Acceptable Use Policies (“Terms and Policies”) are an essential part of your relationship with Server Mart. By using your Server Mart account, you agree to all of the Terms and Policies set out in this document.

General Terms and Policies

• The Service is provided to authorized persons or organizations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
• Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
• Prices and Charges – Server Mart provides the use of cPanel and domain control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
• Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.
• Backups – Server Mart take weekly backup and backups are not guaranteed. These backups are strictly for our own use in-case of a server failure. Server Mart recommends that clients backup their data to their personal computers or storage servers or avail backup services from Server Mart Separately. Clients are responsible for their own data.
• Suspended or Terminated Account Backups – We do not keep any suspended or terminated account’s data. In case of expiration of services the automation process deletes you account data irrespective to any service.
• Grounds for Suspension and Termination
• You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Server Mart to suspend or terminate your account. You agree that Server Mart has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
  • Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law). Any directive from any law-enforcing agency or from the court of law of Bangladesh will be executed without prior notice and with immediate effect.
  • Hosting websites dedicated to pornography or adult content.
  • Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $50 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
  • Using your hosting as a file or image hosting service.
  • Using the Service in an attempt to break security of servermart or any other remote system of provider’s network or computing assets, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
  • Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
  • No VPN as a service unless approved from BTRC approval
  • Uploading, linking to or storing warez, cracks or other pirated software.
  • Assisting in or directly distributing copyrighted material.
  • Excessively using the Service in such a way as to limit the bandwidth available to others.
  • Providing fake or incomplete contact details, including name, postal address and telephone number.
  • Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
  • Using the Service for unauthorised relays through any third party systems.
  • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
  • Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account any deny any future business.
  • Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
  • Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
  • Attempting to cancel, supersede, or otherwise interfere with email other than your own.
  • Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
  • Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
  • Using the service to host phishing content.
  • Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
  • No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Server Mart may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
  • Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Server Mart as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

Intellectual Property

• Server Mart does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to abuse@servermart.net.
• Continuing a specific identification of the allegedly infringing material and the location(s) on Server Mart facilities where the materials are to be found. Upon receipt of such written notice, Server Mart will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Server Mart receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Server Mart will send you a copy of that notification. Unless you notify Server Mart of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

Liability

• You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Server Mart, neither Server Mart nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service.Server Mart neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Server Mart is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Server Mart equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Server Mart and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
• You agree that, should you use the Service to send or receive voice communications, Server Mart is not acting as a telecommunications carrier or telephone , that there is no representation made by Server Mart as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Server Mart has no liability of any sort for the failure or lack of quality of such use of the Service.
• You agree to be liable for any damages or loss of service which results in damages to Server Mart as a result of any spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Server Mart may pursue any such claims against you in Court.
• You agree that in no event will Server Mart have financial liability to you.

Warranty

• Server Mart MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Server Mart ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Server Mart OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
• THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Server Mart ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; Server Mart DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. Server Mart DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.

Resource Usage

User may not:

• Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 25% system resource allowed on Turbo hosting only.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client.
• Run rapidleech plug mod.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
• Run cron entries with intervals of less than 15 minutes

VPS CPU Usages:

Client agrees not to run any processes on his or her VPS which create a CPU load above 0.9 on the VPS for an extended period of time or which cause a high CPU load on the host node for an extended period of time. In other words, client agrees not to use the equivalent of a full core for him or herself for an extended period of time. Disruptive CPU usage may result in a reboot, shutdown, and/or suspension of the VPS regardless of the time lapse involved.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Server Mart has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Disputes

You agree that any dispute between you and Server Mart arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Server Mart will be submitted by the aggrieved party for binding arbitration under the auspices of the Bangladeshi law and International Law.

Governing Law

These Terms and Policies are governed in all respects under Bangladeshi laws and International Laws

Cancellation Procedure

• Cancellation requests must be submitted through the client area. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.
• Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.
• It is your responsibility to ensure any paypal subscriptions you have setup are cancelled.
• No other forms of cancellation are accepted.
• Cancellations must be submitted before the invoice for that billing cycle is due. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices.

Discount Vouchers

• Only one voucher can be used per transaction.
• If the order value is lower than the value of the voucher, the remaining amount is lost.
• Discount vouchers are restricted to one per customer.
• Vouchers can be redeemed against the purchase of any Shared, Reseller or Dedicated service.

Amendments

These Terms and Policies may be amended in any respect at any time by Server Mart upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Server Mart

You accept the published Terms of Services

You accept the published Privacy Policy

You accept Refund and Return Policy