This Terms of Service is an agreement between you (“you”, “user”) and Truehost Cloud Limited (“Truehost”, “Truehost Cloud”, “We”, “Us”). This POLICY sets forth the general terms and conditions of your use of the products and services made available by us and on our websites (collectively, the “Services”). This POLICY governs the use of Truehost Cloud’s web hosting service. Violation of this POLICY may result in suspension or termination of your service. In the event of a dispute between you and Truehost Cloud regarding the interpretation of this POLICY, Truehost Cloud’s interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire TERMS OF SERVICE agreement between Truehost Cloud and the personal or corporate account holder. Truehost Cloud provides World Wide Web Hosting, web design and script installation. Truehost Cloud has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Truehost Cloud’s general policy is to act as a provider of Internet presence. Truehost Cloud reserves the rights to suspend or cancel a customer’s access to any or all services provided by Truehost Cloud when we decide that the account has been inappropriately used
- Privacy Guarantee
Truehost guarantees client contact information is securely stored and no sharing of such information with third party. Please refer to our privacy policy for more details.
- Uptime Guarantee
Truehost has a 99.95% uptime that is observed for its services: Please note that scheduled downtime is not counted as ‘real downtime’ since prior communication will be made to affected users.
- Technical Support
Truehost provides 24 hours support all the days of the year: Avenues of communication include calls, live-chat, emails and ticket method.
- Payments
Truehost accepts payments via Lipa Na Mpesa, PayPal or Bank Transfer.
Services are offered for specified periods of time depending on the subscription and should be renewed before the period elapses.
When your service is about to expire we will send you an invoice, via email, for renewal 60 days to expiry date. We will then send email reminders 30 days and 10 days to expiry. We will also send an email expiry notification on the day of domain/service expiry. We also follow up with calls and SMS to ensure you got our email notifications regarding your service status.
If not renewed by expiry date, your service will then be suspended. Access to the service can then be provided only if renewal is done in full.
If you do not plan on renewing your service, we recommend you take a backup of the data in your hosting plan and save it offline before the service expires and is suspended.
Services not renewed will be terminated permanently after expiry and after the grace period elapses based on this criteria:
=>Shared and Reseller Hosting: Services will be terminated 30days after expiry.
=>VPS and Dedicated Servers: Services will be terminated 3 days after expiry.
NOTE: We will not be held responsible for loss of any data hosted in a service not renewed.
- Limitation of Liability; Waiver and Release
The Services offered by Truehost Cloud are being provided on an “AS IS” and Truehost Cloud expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Truehost Cloud expressly does not warrant that the Truehost Cloud Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Truehost Cloud shall create any warranty not expressly made herein. You agree that Truehost Cloud will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Truehost Cloud; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
In no event shall Truehost Cloud be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Truehost Cloud is aware of or has been advised of the possibility of such damages.
In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Truehost Cloud or the Services provided by Truehost Cloud must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
In addition, You specifically acknowledge and agree that in no event shall Truehost Cloud’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.
The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Truehost Cloud or its Services offered.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Truehost Cloud.
- Refund Policy
Truehost does NOT offer refund for any services offered, including but not limited to domain registered, hosting account setup, server setup, ssl setup, website created,domain transferred.
Refund is only offered against over-payments, payments made against no service or incorrect transactions.
- Account Activation
We provide instant account activation for our shared and reseller web hosting plans.
VPS servers are activated within 2 hours in most.
Dedicated servers are activated within 6 hours.
- Content and Prohibited Actions
Customer agrees to use the Services for lawful purposes only. Truehost prohibits the following content on our servers and network.You MUST not publish or transmit via Truehost Cloud’s service any content that Truehost Cloud reasonably believes:
- Constitutes child pornography.
- Constitutes pornography.
- Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech.
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.
- Is defamatory or violates a person’s privacy.
- Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
- Improperly exposes trade secrets or other confidential or proprietary information of another person.
- Is intended to assist others in defeating technical copyright protections.
- Clearly infringes on another person’s trade or service mark, patent, or other property right.
- Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking.
- Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Truehost Cloud.
- Disputed Services; this is incase a domain has ownership disputes; Truehost Cloud will suspend the services pending the dispute resolution.
- General Dispute; Truehost Cloud hold high standards of integrity;any cases of conning, phishing,copyright infringement will be taken very seriously. Truehost Cloud holds the rights to suspends or terminate such services without notice. An email notification will be sent(before or after) to you in such cases;the parties involved have The burden of proof. Once Truehost Cloud has verified the above proofs, the service will be reinstated or terminated.
- Truehost Cloud WILL terminate service for any of the above reasons and it’s at Truehost Cloud WILL not issue a refund.
- Hacker focused sites
- Proxy Scripts
- Anything related to torrents
- Starting background processes on shared servers
- Warez, hacking tools, exploits
Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Customer agrees NOT to use our shared, reseller, VPS or dedicated servers hosting space for storage of backups. We advise customers to store their back up externally.
Customer is responsible to keep their accounts Scripts, plugins and modules up to date and secure at all times and strong passwords must be used always.
Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information.
- Domain Registration and Transfer policy
Domains registered/transferred to Truehost Cloud must stay with us for at least 60days before being eligible for a transfer out. If the domain must be transferred out, an additional fee will be charged before EPP code is provided. International domains (non .ke domains) will not be transferable out until 60days are over.
- Cancellation
Cancellation requests need to be placed via the client dashboard by raising a ticket or by writing cancellation requests on e-mail to be considered legitimate request.
- Anti Spam policy
We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately and the owner will be alerted. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Truehost offers a separate service if you need to send thousands of e-mails.
- Resource Usage
Any account on the server cannot use more than the allocated CPU or memory resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high to keep the server unstable, we will suspend the overloading account so that it doesn’t affect the other clients on the server. For more details , please refer to our Acceptable Usage Policy
- Hosting Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
- Backup
Please refer to our Backup Policy
- User content.
User Content includes any content posted by you or by users of any of your websites hosted through the Services (‘User Websites’). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Truehost Cloud that:
- You have all the necessary rights to post or distribute such User Content, and
- Posting or distribution of such User Content does not infringe or violate the rights of any third party.
Truehost Cloud exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Truehost Cloud computers, network hubs and points of presence or the Internet. Truehost Cloud does not monitor User Content. However, you acknowledge and agree that Truehost Cloud may, but is not obligated to, immediately take any corrective action in Truehost Cloud’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Truehost Cloud shall have no liability due to any corrective action that Truehost Cloud may take.
- Acceptable Usage Policy
Please also see our Acceptable Usage Policy for an extension of these terms. The AUP fully constitutes part of this Terms of Service.
- Changes To Our Terms
Truehost reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates