Terms of Services

Esavertech.com
Terms & Conditions - Acceptable User Policy

This agreement represents the complete agreement and understanding between M/s. e-Saver Technologies www.esavertech.com and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Esavertech.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered with or without prior notification.

If you do not agree to these terms and conditions, please notify our Billing Department (billing@esavertech.com) so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. We reserve the right to refuse service to anyone.

1. Esavertech.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. Esavertech.com also disclaims any warranty of merchantability or fitness for a particular purpose. Esavertech.com will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

2. Services provided to the Customer by Esavertech.com may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Federal Government of Pakistani or Provincial Government of Pakistan regulations or law is prohibited. Esavertech.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.

Pornography and Child pornography are prohibited, including: sexual content, or direct links to adult content elsewhere. This applies for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the Internet. Links to such material are also prohibited. Examples of non-acceptable content or links are: Pornography, Child Pornography, Hackers applications/archives, "Warez" sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, spam applications.

3. Customer agrees to defend, hold harmless and expeditiously indemnify Esavertech.com from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Policy and resulting from the Customer's use of the service.

4. Esavertech.com accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign accounts to any party not named in this Policy. All shared hosting accounts (Personal, Professional, Ultimate) cannot be used for resell purposes. All sites hosting on this plan must be registered from the same company - unless authorized by Esavertech.com. Any violation to this will result in suspension of the account until the client upgrade to the proper account.

5. Esavertech.com reserves the right to cancel service for any reason without prior notice. In this, case Esavertec.com will not refund any fees to the subscriber. Fees for domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, any license fees for products purchased through us, IP, Site Designing, Social Networking Development, e-Commerce Development, SEO, SEM Development, Internet Marketing, or any Web Development Work are not refundable.

If a customer re-registers after Esavertech.com's cancellation of the account without Esavertech.com's written consent, Esavertech.com will cancel Customer's account and all dues and fees paid to date, regardless of whether service has been rendered, will be forfeited.

6. Domain name registration/transfer, domain protection, site builder, setup fees (if apply) are not refundable. A $15.00 license fee will be deducted from all canceled accounts that have activated their web builders prior to the account expiration date, including the first 30 days of service. All specials/free optional services need to be redeemed within the first 2 months of the package start date or the upgrade date (including: free domain registration, SSL, static IP, domain ID protection).

7. Refund: Esavertech.com customer, if for any reason you are not completely satisfied with our hosting services, we will cancel your account but will not refund the amount for your hosting or any other services.

8. Client Warrantee: Customer shall ensure that its use of Esavertech.com's network services shall not disrupt Esavertech.com, its associated networks or equipment forming part of the systems. Customer is responsible for the security of all files and content installed under the hosting account and is required to maintain any software installed to up to date version in order to avoid security breaches. In instances in which an excessive amount of system resources are utilized by a subscriber, Esavertech.com reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Esavertech.com user or to any directly or indirectly attached network. Use of Esavertech.com's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Esavertech.com shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Esavertech.com's service, Esavertech.com's equipment or any site hosted on any Esavertech.com network.

Customer agrees not to utilize the Esavertech.com service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Violating this clause may result in service interruption or account cancellation.

Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware") and services which send unsolicited advertisements.

Customer shall ensure that its use of Esavertech.com's network services shall not disrupt Esavertech.com, its associated networks or equipment forming part of the systems. Customer is responsible for the security of all files and content installed under the hosting account and is required to maintain any software installed to up to date version in order to avoid security breaches. In instances in which an excessive amount of system resources are utilized by a subscriber, Esavertech.com reserves the right to place CPU process limits on the Customer's account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Esavertech.com user or to any directly or indirectly attached network. Use of Esavertech.com's connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Esavertech.com shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Esavertech.com's service, Esavertech.com's equipment or any site hosted on any Esavertech.com network.

Customer warrants that any material submitted for publication on Esavertech.com does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Esavertech.com reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. All communications to/from Esavertech.com 's personnel via e-ticket, email, and live chat are confidential and property of Esavertech.com, and therefore can not be disclosed or distributed without our written consent.

Esavertech.com requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Esavertech.com cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age. In age limit case the approval of parents or guardian for agreement / contract will be required.

If Esavertech.com becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Esavertech.com, at its discretion, may, at any time deny access to the challenged material of Customer.

9. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.

10. Domain renewal: For all new domains, there is a yearly non-refundable registration fee. Esavertech.com will automatically pay this fee as well as all annual non-refundable renewal fees on your behalf while your Esavertech.com account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department. It is the client responsibility to cancel the renewal once we invoice the domain. You have 7 days to submit the cancellation request. Any renewal that is processed will not be refunded.

11. Use of Esavertech.com's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.

12. Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass email/solicitation. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MySQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MySQL database remotely and NOT for the purpose of using our MySQL for remote SQL storage for other sites/applications - violating this rule will result in account suspension.

13. Any party seeking to report any other potential violations of this Agreement may contact Esavertech.com via email at abuse@esavertech.com.

14. Cancellation: You must notify Esavertech.com formally by completing our Account Cancellation Form available by clicking here in order to cancel your account with us. NOTE: We will NOT process any other requests submitted outside of our Account Cancellation Form. If you do not notify us we will automatically renew your account for the next billing cycle - 1 month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal chargeback will result in automatic cancelation and deletion of the customer's account from our servers. A $15 re-activation fee will apply to all suspended accounts due to non-payments of due fees.

There will be a $15.00 reinstating fee for any cancel account.

Transferring your domain to another provider does not constitute canceling your Esavertech.com account. You must notify Esavertech.com to formally cancel your account with Esavertech.com to avoid further charges.

15. Fees: Esavertech.com reserves the right to charge the following non-refundable fees:

- Domain Migration (from one Billing account with Esavertech to another) - $15.00
- Hosting plan migration (from one Billing account with Esavertech to another) - $30.00
- Account Upgrade /downgrade/ OS change to cancel account - $30.00
- VPS/Cloud recreation (when the problem was created by the client) - $25.00
- Reinstating fee for cancel/suspended package/account - $15.00
- Web builder cancellation fee if already activated - $12.00

16. On occasion, Esavertech.com may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account.

17. It is the responsibility of the customer to contact Esavertech.com of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.

18. Client's use of profanity in language, or abuse towards any Esavertech's employee via chat, email, phone, our e-ticket system, or in any other form will result in a complete block from our support system, and subject the client to an account cancellation without a refund and may be register the case against them in Pakistani Court of Law.

19. Backup and Data Loss: Esavertech is not responsible for files or data loss. It is the client full responsibility for file and data transfer and maintaining backup file of your own account. Backup are used solely for Esavertech restoration of emergency or server restoration only. There will be no backups for accounts that have been suspended or terminated. Accounts that have past due invoice or suspended due to non-payment, Esavertech will not be responsible for any data loss.

20. Uptime Guarantee: If your shared hosting account downtime is not within the 99.9% uptime, you may request for one month of credit on your account. Uptime of the server is defined as the reported hardware and network availability, not uptime from individual service which is independent of the actual uptime of the server. Third party monitoring services reports may not be used for justification due to unreliable monitor's network capacity/transit availability. To requests for credit, please open a support ticket to report your claim with justification based on our term and condition. Credit approval is at the discretion of Esavertech.

21. Arbitration: By using any Esavertech services, you agree to submit to binding arbitration. An arbitrator will be selected in Pakistan. Arbitrators shall be attorneys and shall be selected pursuant to the applicable rules. All disputes or claims arise against Esavertech or its subsidiaries, client agreed that the arbitrator will be select by Esavertech. All decisions rendered by the arbitrator will be binding and final.

The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.

Terms and Conditions Acceptable User Policy are generated on June 1, 2011