Dataa’s Terms of Service outlines the guidelines for using our web hosting services, including restrictions and responsibilities for both parties.
By using Dataa’s web services, customers agree to abide by our Terms of Service. These terms outline what is allowed and prohibited in using our services. The TOS is subject to change and is binding to all customers. Any violation of the TOS may result in termination or suspension of services. Customers are responsible for their clients if they resell or represent Dataa’s services. Only the paying customer is recognized by Dataa.
Dataa will establish your account once payment is received and we’ve conducted a fraud screening through our payment partners. You must provide a valid email address that is not associated with the domain you’re registering. To ensure efficient communication, please keep your primary email address on file updated. You are also responsible for maintaining accurate contact information for your domain account and registered domain name with Dataa. If you fail to provide accurate information, your account may be terminated. Within three days of establishing your account with Dataa, you must present government-issued identification. If these requirements are not met, your order may be flagged as fraudulent and rejected. Note that account setup may be delayed due to technical difficulties.
Our migration staff will do all possible to assist you in moving your site to us. However, our migration team provides transfers as a best-effort service, and we cannot guarantee the availability, possibility, or time required to execute an account transfer. Each hosting firm is set up differently, and some hosting platforms save data in an incompatible or proprietary format, making migration of some or all account data exceedingly difficult, if not impossible. We will do our utmost to help you move data from a previous host, but we may not be able to do so in some situations. The free transfer services are accessible for a period of three (3) days after you purchase.
For the Web Hosting service only, we offer a 30-day satisfaction guarantee. If you are not satisfied with our services within the first 30 days, you can request cancellation in writing through email or our cancellation form and receive a full refund. You must provide a detailed explanation for your cancellation. Our team will evaluate the reason for cancellation and determine if it is valid and if all reasonable steps were taken to resolve the issue. Refunds will not be granted if the client has violated the terms of the agreement.
*Domain Registration/renew/transfer or SSL etc. +Processing fee will apply…
When you purchase our services, you are signing up for a pre-paid service, and all ITES (domain registration, web hosting, SSL, and so on) services are subject to 5% VAT, or 5% VAT and 2% sales tax for web development services. All past-due invoices can be paid online with bKash, Nagad or Rocket, as well as via bank transfers. Except for payments made through our offline method, all online payments are subject to a payment gateway fee, which will be added automatically when you select payment options in your Clients Area > Invoice. From 30 to 1 day before the renewal date, renewal notices are sent numerous times through email. If your yearly charge is declined and we are unable to contact you, the late fees to authorize your account will apply. Any questions about payment should be directed to the Dataa support forum. We shall take the following steps if a shared/reseller/VPS/Dedicated/Email Server/Spam Filtering/File Hosting, etc. account has a past due invoice.
You must write to sales or request a Cancellation from your client area if you wish to cancel your services.
At Dataa, our service plans are created to meet the majority of customer needs. However, some customers may require additional resources for storage and traffic. Our system has set limits for resource usage and will send you an email to your cPanel email address when your account reaches these limits. If you need more resources, you must contact us to upgrade your account’s transfer quota. If your resource usage exceeds the limits without upgrading, your site will be suspended. To avoid this, it is important to keep your cPanel email address up to date. We will never charge your card automatically for additional resource usage.
The refund policy for shared hosting plans allows for a full refund within the first 30 days if there are technical difficulties with our server, if a promised feature is missing, or if there is another server error that we are unable to resolve. If you cancel within 30 days, the refund will only cover the shared hosting service, as most add-on products such as domains are not eligible for a money-back guarantee. In the case of a free domain, a non-refundable domain name registration fee will be deducted from the refund if cancelled within 30 days.
Dataa does not provide refunds for shared or reseller hosting cancellations made after 30 days, and changes of mind are not allowed within 30 days. There are no partial or full refunds for monthly services such as VPS/Dedicated servers, but if you have subscribed to these services for more than a month, you will receive a full refund for any unused period. Additionally, there are no refunds for web services such as web design and development, web templates and themes, technical support, and so on.
If Dataa fails to provide the agreed upon services, a partial refund will be issued based on the amount of unused service. If Dataa is forced to suspend or cancel your service due to a violation of company policies, no refunds will be given. Upon request for account cancellation, your account will be temporarily suspended and then permanently deleted within 30 days. If an account remains suspended for more than 10 days due to any other reason, it will also be permanently deleted. In the event that a customer holds multiple accounts with Dataa, the company reserves the right to suspend all accounts if one or more are overdue on payments until all payments are caught up.
Dataa’s services must only be utilized for legitimate purposes in accordance with all applicable laws and regulations of Bangladesh. The storage, transmission, or display of any information, data, or content that is illegal, including but not limited to copyrighted material, threatening or obscene content, or content that endangers national security, or protected by trade secrets, is strictly prohibited. The subscriber must indemnify and hold Dataa harmless from any claims arising from the subscriber’s use of Dataa’s services that cause harm to the subscriber or any other party. Dataa supports freedom of expression, but any content (whether written, visual, or implied) that contains hate speech, vulgar or obscene language directed at others, or violent or malicious content will not be tolerated. Dataa leaves the management of your material up to you and is not responsible for monitoring or managing the content of our servers.
It is not allowed to use Dataa shared web hosting for any backup or storage purposes, such as storing files, databases, media for file sharing, etc. Dataa shared web hosting is only intended for hosting websites, not for remote file storage. If we detect any misuse of the shared web hosting for storage, it will be considered a violation of Dataa’s TOS and the account will be suspended or terminated immediately. For backup or storage needs, customers are advised to use the VPS or Dedicated Server plans. Any website that uses more than 70% of its disk space for storing files, either in terms of overall size or number of files, is considered to be using an excessive amount of files. If the files are found to be harmful or unlawful, the customer will be notified. The Dataa system and all related equipment, networks, and devices are only available to customers who have been granted permission and may be monitored for lawful purposes, such as ensuring authorized use, system administration, protecting against unauthorized access, and verifying security protocols, survivability, and operational security. By using the Dataa system, customers agree to be monitored and information may be viewed, recorded, copied, and used for allowed purposes during monitoring. Connecting to a third-party network or system without their permission is not allowed and can result in account suspension. Dataa may require documentation to confirm access to a third-party network or system is approved. Dataa reserves the right to deny service to anyone for any reason and may remove any content that is obscene, threatening, illegal, or violates TOS, with or without notice. Failure to respond to Dataa’s abuse department’s email within 48 hours may result in suspension or termination of services. All abuse issues must be reported via trouble ticket or email, and a response will be provided within 48 hours. Hosting or connecting to child pornography is strictly prohibited and can result in immediate suspension or termination of services, with or without notice, for both resellers and direct customers.
If you plan to promote your website and/or services through email, please follow these guidelines. The only acceptable form of email marketing is through a list of individuals who have given their explicit consent to receive emails from you regarding your website and/or services. Opt-in refers to the process where individuals provide their email addresses with the intention of being added to your email list. If we find that your account is sending emails to individuals who have not given their consent, we may suspend or terminate your website. Please note that joining an opt-in email list does not guarantee the authenticity of the list, and it is important to contact us before taking any actions to avoid being the target of spam from secondary and tertiary parties of the list.
Dataa does not allow any unsolicited commercial email (UCE) or unsolicited bulk email (UBE), commonly referred to as spam mail. An electronic message is considered spam if it meets the following criteria: 1) the recipient’s identity and context are irrelevant, and the message can be applied to many other potential recipients; 2) the recipient has not given deliberate, explicit, and still-revocable permission for the message to be sent; and 3) the transmission and reception of the message benefits the sender disproportionately. Engaging in such conduct is considered UCE/UBE abuse and may result in suspension of the offending account if confirmed. Spamming puts a strain on Dataa’s servers, lowering their performance and uptime, and risks the server being blacklisted.
It is not allowed to disguise, falsify, or mispresent the sender of an email or the website from which it was re-sent. All bulk emails must have a clear explanation of how the recipient’s email address was obtained and the frequency of sending. An easy and obvious unsubscribe method must be included, either through a one-click unsubscribe link or a genuine email address. In all subscription-based emails, there must be valid non-electronic contact information for the sender’s organization, such as a phone number or physical mailing address. All bulk emails must be solicited, meaning the sender has a verifiable relationship with the recipient and the recipient has not requested to be removed from the mailing list. Upon request, documentation of the sender-recipient relationship must be provided to Dataa. Sending unsolicited bulk email is prohibited on Dataa servers. It is also forbidden to transmit unsolicited bulk email from another service provider for the promotion of a website, email address, or any other resource hosted on Dataa servers. Using Dataa accounts or services for soliciting customers from or collecting replies to messages that violate this policy or the policy of the other provider is also prohibited. Using confirmed mailing lists is required. Adding email addresses to a mailing list without the owner’s explicit and verifiable consent is illegal. Dataa customers must use closed-loop mailing lists and retain the subscription confirmation message for the duration of the mailing list’s existence. Purchasing email address lists from third parties for mailing from a Dataa-hosted website or referencing a Dataa account is forbidden. Having an account on behalf of, or in connection with, entities listed in the Spamhaus Register of Known Spam Operations (ROKSO) database or reselling any service to them is prohibited.
Dataa offers web hosting services that support the use of CGI scripts, PHP scripts, and other executable programs. However, it is important to note that these scripts can consume more system resources compared to regular HTML pages. Therefore, to ensure a smooth and stable operation of the system, certain limitations must be imposed on the usage of these scripts.
To keep the system resources in check, the following guidelines must be observed:
If a script requires permission other than 777, account holders may contact customer service for approval, which may be granted in most cases. Any account found to violate these policies will have their CGI, Perl, CFM, ASP, and PHP scripts reviewed by Dataa’s System Administrators. If a script is deemed to be harmful to the system, it will be terminated immediately, and the account will be locked down until the account holder is notified. Accounts with malicious scripts will be terminated immediately, and no pre-paid fees will be reimbursed.
Server Resource Abuse Policy(SRAP)
Any website on our shared servers that consumes a lot of server resources (CPU, memory, and network bandwidth) will be offered the chance to upgrade to a dedicated server. Abuse and misappropriation of system resources is a significant issue that Dataa will not tolerate. Because accounts on a shared server must share resources with other users, we must limit how much CPU and RAM each account can utilize. In all fairness, we cannot allow one or two clients to consume all system resources on a shared machine, causing all other customers to suffer. Excessive CPU and memory utilization by one or more clients result in excessive sluggishness in all areas, including MySQL, Email, HTTP, and others. If a few clients’ CPU and memory consumption get out of hand, all sites hosted on the computer will produce problems and become inaccessible. LIMITS ON SERVER RESOURCES ON AVERAGE
Illegal Usage
Dataa servers are intended to be used for legal purposes. Any information, data, or material that is sent, stored, or distributed in contravention of any applicable law or regulation is forbidden. This includes, but is not limited to, copyrighted information, trademarks, trade secrets, and other intellectual property rights that have been utilized without permission, as well as anything obscene, libelous, poses an illegal threat, or violates export control rules. Pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots are all examples of unacceptable content or connections. Any forum or discussion board that discusses where to obtain such files or distribute them is also illegal. The Dataa service subscriber agrees to indemnify and keep Dataa harmless from any claims arising from the subscriber’s or any other party’s usage of the service. The sole adjudicator of what constitutes a violation of this condition will be Dataa.
Illegal Content
Dataa does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. The use of web proxies is not permitted. NPH-Proxy and web proxy are examples of this. If any proxy files are discovered on your site, your account will be suspended, and the account holder will be charged a USD 50 cost. You are not permitted to run any servers or services on the Dataa network when using a shell account. Perlbots, proxies, BitchX, psyBnc, root exploits, DDoS programs, Shoutcast servers, and other servers are examples of servers. Running any of these will result in an instant suspension and a fine of no less than USD 50.00 and no more than USD 100.00 for users. For these behaviors, Dataa maintains the right to terminate an account. 12.d) Software Distribution Software and multimedia items are not permitted to be distributed using Dataa web hosting accounts. Please contact our sales department for specific arrangements if you desire to distribute software and/or multimedia materials.
Liabilities
Dataa makes no representations, claims, or assurances about the services provided by our clients, and will not be held liable for any disputes or claims brought against them. Dataa will not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, or any other damages, resulting from the use or performance of this website, or any information, services, or goods offered via your website. We are not liable for any content on any of our network’s servers, and we will not take action against any dubious material or action until it is brought to our attention via email.
IP Address Ownership
All IP numbers and addresses that Dataa may assign to you will be maintained and controlled by Dataa. Dataa maintains the right to change or remove any of these IP numbers or addresses at any time.
Security
It is forbidden for users to violate or attempt to violate the Dataa Network’s security. System or network security violations may result in legal or criminal responsibility. Dataa will examine any incidents, which may include working with law enforcement authorities to prosecute violators. These infractions include, but are not limited to:
Each hosting package paid is exclusive to a single main domain and use – you cannot mix bandwidth and space by purchasing numerous plans. Such transactions will be stopped and labeled as misleading by Dataa. All of our services have an upgrade path, and if users ask for help, we can often work out special deals for them. System or network security violations are forbidden and may result in criminal and civil penalties. The following are some examples, but they are not exhaustive: Access, use, probe, or scan of a system’s security or authentication mechanisms, data, or traffic without authorization. Mail bombing, flooding, purposeful attempts to overload a system and broadcast attacks are all examples of interfering with service to any user, host, or network. In an email or a newsgroup posting, forging any TCP-IP packet header or any part of the header information.
Any attempt to damage or harm a Dataa Web server or a Dataa Web subscriber is strictly prohibited, including but not limited to:
*You shall be held liable for all acts taken on your account, whether they were carried out by you or others. *The above policies must be followed by all Dataa sub-networks and dedicated servers.
Incoming and outgoing traffic allowances are included in all monthly traffic listings for Startup, Enterprise, Corporate, VPS, Dedicated Servers, and any other hosting plans. Incoming and outgoing traffic allowances are based on a 50/50 split of incoming to outgoing traffic based on the total assigned traffic, therefore they are each half of the total listed traffic. Any traffic usage above the incoming or outgoing traffic totals will be charged at the rate specified in your plan while you were paying per MB/GB overage. The Dataa Hoist traffic usage policy is straightforward! Each month, you are given a certain amount of traffic to use as you see fit. If the quantity of data transfer exceeds the user’s plan subscription for shared hosting plans, the account will be suspended, however, the user may receive warnings through email, and you may be contacted by Dataa/Dataa staff for overuse and provided positive options. Dataa will not provide any minimum bandwidth guarantee (either international/IX) for any shared bandwidth port (which is mostly offered with VPS/Dedicated Server/FTP server plans), but users can have any amount of dedicated bandwidth port, and upstream service provider will provide 75 percent bandwidth guarantee up to upstream service provider’s Singapore/UK server. The dedicated bandwidth port is available as an add-on; for a price, please contact Dataa’s sales team.
Dataa’s server will provide services 24 hours a day, seven days a week, using commercially reasonable efforts. Subscriber acknowledges that the services may be unavailable or inoperable from time to time for a variety of reasons, including scheduled maintenance or upgrades (“Scheduled Downtime”), service malfunctions, and causes beyond Dataa’s control or that are not reasonably foreseeable by Dataa, such as telecommunications or digital transmission outages. Scheduled Downtimes shall be communicated to subscribers at least 48 hours in advance, and Dataa will use commercially reasonable steps to minimize any additional disruption, inaccessibility, and/or inoperability of its web servers. Dataa is not liable for any downtime caused by a user’s actions. In addition, shared accounts are not covered by the 99.99 percent network uptime guarantee.
Responsibility(Reseller/Client)
Unless the account has been demonstrated to be a victim of outside hacking or address forging, the client is accountable for all activity that originates from the account. It is the client’s responsibility to keep their username and password secure. The customer is responsible for any third-party content that may appear on their website (such as the usage of Free For All links pages). The Dataa service necessitates a basic understanding of Internet languages, protocols, and software. This level of understanding varies based on the client’s intended use and desired content for the web area. The following are some examples: Web publishing necessitates an understanding of HTML, proper document location and linking, FTPing Web contents, graphics, text, sound, image mapping, and so on. Knowledge of the FrontPage tools, as well as Telnet and FTP comprehension and capabilities, are required for FrontPage web publication. CGI-Scripts: familiarity of the UNIX environment, TAR and GUNZIP commands, Perl, CShell scripts, permissions, and so forth is required. Mail: a use of mail clients to receive and send mail, etc. The client acknowledges that he or she possesses the essential skills to design and maintain their website. The client acknowledges that Dataa is not obligated to provide this knowledge or support in matters not related to Dataa servers.
Dataa goes to great lengths to keep the system running smoothly. Dataa, on the other hand, will not be held liable for data loss due to any reason. Dataa suggests that ALL information/data be backed up on their users’ computers as needed to maintain the highest level of data security. Any data that is extremely important to you should be stored in multiple locations at all times. Only Dataa shared web hosting service users have an automated complimentary (no data consistency or guarantee is included) remote data backup option available at no extra charge (any account with more than 50 GB of data is not covered under the complementary remote data backup features), which is primarily designed for restoring data from the last best backup if the shared web hosting server fails.
Note: By default, no data backup option is available for VPS/VDS/Dedicated server users. On Dataa’s end, no backup of the VPS/VDS/Dedicated server customer’s data is kept for disaster recovery purposes. As a result, the customer always must devise a backup plan. Backup solutions, on the other hand, can be provided/provisioned through a third-party vendor, with additional fees based on the third-party vendor’s terms/solutions.
Account deactivation is the result of a customer’s failure to fulfill or follow any of the above policies/terms. Dataa will be the sole judge of what constitutes an AUP violation. Dataa maintains the right to suspend or terminate any account at any time. Dataa will launch an investigation if it becomes aware of an alleged infringement of its AUP. Dataa may block a customer’s access during the inquiry to avoid further potentially unlawful activities. Dataa may, in its sole discretion, restrict, suspend, or terminate a customer’s web hosting account, as well as pursue other civil remedies, depending on the severity of the violation. Dataa will report any such violation to the proper law enforcement authorities if it is a criminal offense. Dataa does not provide refunds for a downtime caused by service disablement as a result of AUP violations. Customers of Dataa agree to indemnify and hold Dataa harmless from any claims arising from their or any other party’s usage of our services. Dataa is given “as is,” “as available,” with no explicit or implied warranties of any kind, including, but not limited to, warranties of merchantability, fitness for a specific purpose, or non-infringement. Dataa makes no promise or warranty that the Dataa service will be error-free, secure, or available at all times. No oral or written advice or information provided by Dataa, its employees, licensors, or anyone will create a guarantee, and you should not rely on such information or advice. Dataa its partners, and suppliers are not responsible for any costs or damages incurred as a result of any transaction or use of the service, whether directly or indirectly.
Dataa maintains the right, without notice, to add, delete, or modify any provision of this policy.
At our sole discretion, we have the right to refuse, cancel, or stop service. If an account continues to violate our policies after warnings, this is an example of refusal of service. When it comes to spam or script abuse, refusal, cancellation, or suspension of services are extremely common. A customer who becomes unreasonable, unprofessional, exceedingly difficult to work with, or threatening is another example of a consumer refusing service. The account of the customer will be suspended, and we will advise the consumer to find a new host. A copy of the account(s) will be sent as a backup. combinations that can cause issues, as well as other unique situations. If a server becomes unstable and an account is discovered to be the source of the problem, we reserve the right to suspend the account to keep the server online and running normally.
Service is subject to interpretation and change at the discretion of Dataa administrators without notice. All charges are nonrefundable and non-negotiable, except for the 30-day money return guarantee. Any breach of these Terms of Service will result in the account being terminated. Dataa reserves the right to terminate accounts at any time without notice. With 15 days’ notice, we have the right to delete any account.
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