Terms and Conditions Hosting services agreement

Hosting services agreement

Updated July 26th, 2023

PLEASE READ THIS HOSTING SERVICES AGREEMENT CAREFULLY. By using the hosting services (the “Hosting Services”) made available by Marcaria via its Website, you agree to the following provisions governing such use (the “Hosting Services Agreement”). The Hosting Services Agreement is a binding legal contract entered into by you and Marcaria.  Both you and Marcaria may be referred to herein individually as a “Party”, and collectively as the “Parties”. You may be referred to herein as “you”, the “User”, and “Client”. Capitalized terms not defined herein shall have the meanings prescribed to them in the Terms and Conditions.

1. INCORPORATION BY REFERENCE. The terms of the Marcaria Terms and Conditions are hereby incorporated by reference herein.  Should any conflict arise between the Marcaria Terms and Conditions and this Hosting Services Agreement, this Hosting Services Agreement shall control solely with respect to the Hosting Services. With regard to any such conflict, in all other respects other documents shall prevail.  As incorporated herein, all references to “Agreement” within the Marcaria Terms and Conditions shall be interpreted to include this Hosting Services Agreement.

2. THE SERVICE.

2.1. Web Hosting. Subject to your payment of all applicable fees Marcaria shall provide web hosting on one or more servers owned or otherwise controlled by Marcaria. Your site will be given a unique DNS address.

2.2. Domain Host Management. All domain host management shall be performed solely by Marcaria or at Marcaria’s direction.

2.3. Multiple Sites per Server. Marcaria may, at its sole discretion, host the sites of multiple customers on the same physical and/or virtual servers.

2.4. Client Obligations. You shall be solely responsible for submitting any necessary documentation required for domain name registration.  You shall be solely responsible for obtaining any authorizations necessary for the use of Marcaria’s DNS as domain hosts.  Your failure to meet the obligations of this Section 2.4 within six (6) months of your order date shall result in the termination of the Hosting Services without refund of any kind.

3. ADDITIONAL TERMS.

3.1. Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for Marcaria to migrate its servers.  As a result, even if you have a dedicated IP, you may be periodically assigned a new IP address. Marcaria does not warrant that you will be able to consistently maintain your IP address.

3.2. Third-Party Software. Marcaria reserves the right to modify, change, or discontinue any Third-Party Software (as defined below) at any time, and you agree to cooperate in performing such steps as may be necessary to do so, including but not limited to as necessary to install any updates to the Third-Party Software.

The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. Marcaria may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to Marcaria’s agreement(s) with the third-party providers.  In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software.You acknowledge and agree that any Third-Party Software will be supported by Marcaria and not by the third-party providers (or their affiliates or suppliers).

“Third-Party Software” means any software or application developed and owned by a third-party provider that Marcaria may contract with from time to time.

3.3. Operating Software. The Hosting Services are available in both Linux® and Windows® environments.  Each time you commission a server, Marcaria will provision the server with the operating system you choose.

3.4. Purpose of Use. You acknowledge and agree that Marcaria shall have the right to seek, and you shall be obligated to provide, justification in connection with your use of the Hosting Services, including but not limited to your reason for the purchase of IP addresses. You shall be obligated to provide any and all information reasonably sought by Marcaria pursuant to such justification.  In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries, and such information may be displayed publicly on the Whois database.

3.5. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your content; (2) maintain independent archival and backup copies of your content; and (3) ensure the security, confidentiality and integrity of all your content transmitted through or stored on our servers.

Marcaria's servers are not an archive and Marcaria shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. You shall not use the Hosting Service in any way, in Marcaria's sole discretion, that shall impair the functioning or operation of Marcaria's services or equipment.  Specifically by way of example and not as a limitation, you shall not use the Hosting Services as:  (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that Marcaria has the right to carry out a forensic examination in the event of a compromise to your server or account.

3.6. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.  You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for Marcaria’s support staff to modify, alter or remove the content of your hosted product. Your content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

3.7. Non-Infringement Warranty. You hereby warrant that your use (whether directly or indirectly) of the Hosting Services, including but not limited to any websites, emails, and any services offered under any domain name registered or maintained using the Hosting Services, will not infringe upon or misappropriate the rights (including, without limitation, the intellectual property rights) of any third party.

3.8. Abusive Activities. You acknowledge and agree that you may not use Marcaria’s servers and/or your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities.  Server hacking or other perpetration of security breaches is prohibited and Marcaria reserves the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited.  Marcaria prohibits the use of software or scripts run on Marcaria’s servers that cause the server to load beyond a reasonable level, as determined by Marcaria. You agree that Marcaria reserves the right to remove your website temporarily or permanently from Marcaria’s servers if Marcaria receives activities that threaten the stability of its network. In addition to what is specified in Mararia’s Terms and Conditions, you agree not to engage in unacceptable use of the Hosting Services, which includes, without limitation, use of the Hosting Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) publish any material which is obscene, offensive, pornographic, sex-related, obscene speech, upsetting, defamatory, insulting, racist, bullying, abusive or in any way in violation of any applicable laws, regulations, or policies, including but not limited the local laws of any jurisdiction where your website, emails, and/or services is accessible (3) attempt to mislead any person as to the identity, source or origin of any communication; (4) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (5) engage in any other activity deemed by Marcaria to be in conflict with the spirit or intent of this Hosting Services Agreement or any of Marcaria’s policies ; or (6) use your server as an “open relay” or for similar purposes.

Marcaria prohibits the running of a public recursive DNS service on any of its servers.  All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Marcaria actively scans for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.

You understand that Marcaria assumes no responsibility for any deficiency, inaccuracy, illegality or other defect in a hosted website.

The Customer understands and accepts that the Hosting Service must be associated with a domain name to be operational.  The Customer further understands that due to sheer technical limitations, the Hosting Service may only be provided for domain names registered with Marcaria.

As a result, should the domain name associated to the web hosting not to be renewed, be transferred to another Registrar, traded to another person, be deleted pursuant to a court order or a settlement, or more generally ceases to be linked to the Customer and/or to Marcaria, the Customer will no longer be entitled to benefit from the Hosting Service and it will automatically be terminated.  The Customer will be solely responsible for taking all necessary measures regarding their domain name before such termination and Marcaria, will not be held liable for any loss and/or shortfall incurred because of such.

4. TERMINATION.

4.1. Cancellation by User. You may cancel the Hosting Service at any time. If you cancel the Hosting Services within thirty (30) calendar days of purchase, you will receive a refund of all fees paid in the form of a service credit, less the one year cost of registration of any domain name registered as part of a free domain name promotion, at the then current value.

If you cancel the Hosting Services any time after thirty (30) calendar days from the date of purchase, you will receive a pro-rated refund of the remaining portion of fees paid for the Hosting Services in the form of store credit, less the one year cost of registration of any domain name registered as part of a free domain name promotion, at the then current value.

Service credits shall have no cash value.

4.2. Obligations Upon Termination of the Hosting Services. You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from Marcaria servers.  Prior to termination of the Hosting Services, you are responsible for moving your website or server content off Marcaria’s servers.  Marcaria will not transfer or FTP your website or server content to another provider.  If you fail to move your website or server content off Marcaria's servers prior to cancellation, then all such content will be deleted and Marcaria will not be able to provide a copy of such content.

4.3. Hosting Service Suspension. Marcaria reserves the right to suspend, lock, terminate, or otherwise disable your access to the Hosting Services, or other related services, at any time, without prior notice, should it become necessary, in Marcaria’s sole discretion, to protect Marcaria’s and Marcaria’s other User’s interests. Such suspension shall be warranted for any of the reasons in the following non-exclusive list:

  • a. To enforce this Agreement or to ensure the integrity and performance of the Hosting Services;

  • b. To assure the stability, integrity, and security of the Hosting Services;

  • c. To address fraud, criminal intent and/or abuse;

  • d. To comply with local, state, national, international laws, rules and regulations;

  • e. To comply with requests of authorized law enforcement agencies;

  • f. To comply with a dispute resolution process;

  • g. To avoid any civil or criminal liability;

  • h. To conform to registry or vendor requirements and regulations;

  • i. To adjust or correct mistakes made in the offering and sale of the services;

  • j. If you have violated the terms of this agreement or the terms and conditions of any other agreement with Marcaria in any way; and

  • k. To bring about a just resolution of any conflicts or disputes, where appropriate and reasonable.

4.4. Free Products/Ad Credits. Upon termination of the Hosting Services, all free products and ad credits provided as part of the Hosting Services will be cancelled or revoked.

5. SERVICE LEVELS.

5.1. SLA. Marcaria shall provide the Hosting Services on a best efforts basis for the duration of your subscription, 24/7/365. Marcaria does not warrant Hosting Services availability, uptimes, or response times in any manner.

Customer accepts that the Hosting Service may be unavailable or not functioning from time to time due to several causes, such as but not limited to periodic maintenance, repair or replacement operations of equipment necessary for the provision of the Hosting Service, and the improper use of the Hosting Service by Customer. Marcaria shall have no liability due to Hosting Services unavailability.