Maxwebcloud T&C’s
Welcome to Maxwebcloud (“maxwebcloud,” “we,” “us,” or “our”) , a premier web hosting service provider based in Nairobi, Kenya. By accessing or using our website (maxwebcloud.com) and services, you agree to comply with and be bound by the following Terms of Service (“Terms”). Please read these Terms carefully before using our services.
By continuing to use our website and services, you acknowledge and accept these terms and conditions. If you do not agree to all of the terms and conditions stated herein, you must discontinue the use of maxwebcloud website and services immediately.
The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, and all Agreements: “Client”, “You”, and “Your” refer to you, the person accessing this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, and “Us” refer to maxwebcloud. “Party”, “Parties”, or “Us” refer to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, the prevailing law of Kenya. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
1. Description of Services
maxwebcloud delivers enterprise-grade web hosting and domain services, including shared hosting for SMEs, scalable VPS with root access, and dedicated servers. As a KENIC-accredited registrar, we provide registration of Kenyan (.ke) and global (.com, .org, etc.) domains. Our infrastructure guarantees 99.9% uptime, free SSL, DDoS protection, and 24/7 support through phone, chat, and tickets.
2. Account Registration
To utilise our services, you must create an account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We reserve the right to suspend or terminate your account at our discretion if we suspect any fraudulent or unauthorised activity.
3. Service Usage and Restrictions
Acceptable Use
You agree to use our services in compliance with all applicable laws, regulations, and industry standards. You will not use our services for any illegal, abusive, or unethical purposes, including but not limited to spamming, distributing malware, engaging in hacking activities, or infringing upon intellectual property rights.
You may not submit, publish, or display any content that violates Kenyan law. You are solely responsible for the content you make accessible through the novahost.co.ke network.
Resource Usage
Your services are provided on a shared or dedicated resource basis, depending on the hosting package chosen. Excessive usage of server resources that may affect the performance or stability of our systems is not permitted. We reserve the right to impose limitations or take corrective measures if we determine that your resource usage is negatively impacting the overall performance of our services.
Background daemons in general are prohibited. maxwebcloud will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
Content Restrictions
You are solely responsible for the content you publish or transmit through our services. You agree not to host or distribute any content that is unlawful, offensive, harmful, or infringes upon the rights of others.
maxwebcloud is not obligated to monitor the network to examine available content. If we are made aware of unacceptable content, maxwebcloud has the right (but not obligation) to edit, remove or deny access. We may disclose content or account records to satisfy any legal, governmental, or regulatory request.
Examples of prohibited content:
- Nudity, pornography, or adult content
- Warez, cracks, hacks, piracy tools
- Spam-related promotions
- Bigotry, racism, excessive profanity
- Content exploiting minors
- Unlawful products/services
- Infringement of third-party intellectual property
- Fraudulent or pyramid schemes
- Personal data posted without consent
- Reverse engineering of our services or technologies
4. Commercial Advertising/Mass Mailings
You must not use the novahost.co.ke network, maxwebcloud.com email servers, or any maxwebcloud.com equipment in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the maxwebcloud.com network, maxwebcloud.com equipment, or any maxwebcloud.com email servers. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, maxwebcloud reserves the right to disable your domain/terminate your account. In addition, maxwebcloud may impose a $100/ Ksh 10,000 penalty for each spam policy violation. maxwebcloud solely reserves the right to refuse or cancel service to known spammers. Lastly, maxwebcloud reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
5. Domains
maxwebcloud offers domain registration and renewal through ICANN-accredited registrars. Free or discounted domain offers apply only during your hosting term. If your hosting is canceled, you must pay the domain’s full price from registration date before we release it.
Automatic Domain Renewal is optional via the Client Area. However, free domains may be renewed automatically with your hosting. Domains are not transferable within the first 60 days.
6. Denial of Service
maxwebcloud.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of maxwebcloud.com’s rules and regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all with or without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
7. Content Liability
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.
You agree that any content or materials you submit to the novahost.co.ke network are your sole responsibility. You agree to hold maxwebcloud.com harmless from any and all claims resulting from the use of your content.
8. Service Cancellation and Refund
We have a 14-day money-back guarantee for hosting services only. If a hosting service had a free domain name given as part of the package, the amount that would have been incurred to register the domain had it been registered separately will be deducted when doing the refund. That is to mean that the refund will be less the price of the domain.
We do not do refunds for purchases of domain names since we incur almost the same amount to pay the registry.
We process refunds on Fridays. If a refund is requested, it will be paid on the first Friday after the request was made. If a request is made on a Friday, the refund will NOT be processed on the same Friday but the following Friday.
There are no refunds on setup fees, VPS and dedicated servers, administrative fees, setup and install fees for custom software and licenses. Refund requests for any service will be done but the cost of VAT will be subtracted from the fees at the current market value. Violations of the Terms of Service will waive the refund policy.
Refunds will only be issued if the service purchased does not function as expected or fails to meet the standards as outlined during the purchase. Please be aware that refunds will not be granted for instances where the customer simply wishes to test our services or platform, or if the service has been utilized for testing purposes or any other non-production-related activity. This policy has been intentionally implemented to mitigate service abuse, where clients create accounts solely for testing purposes with the intention of canceling and requesting a refund within the 14-day period. We reserve the right to ask for the reason for the refund, and upon our own judgment, we will make the decision regarding the eligibility for a refund.
9. Payment and Billing
You agree to supply appropriate payment for the services received from Novahost Kenya, in advance of the time period during which such services are provided. Subject to all applicable laws, rules and regulations, all payments will apply to the newest invoice(s) in your billing account for services. You agree that until and unless you notify maxwebcloud of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone or ticket.
We require that cancellations of service are done through email requests to:
- Confirm your identity
- Confirm in writing you are prepared for all files/emails to be removed from your account
- Document the request
This process reduces the likelihood of mistakes, fraudulent/malicious requests and ensures you are aware that the files, emails and account may be removed immediately after a cancellation request is processed.
As a client of maxwebcloud, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify maxwebcloud of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by maxwebcloud. We reserve the right to use any credit on your account if we deem it fit. Once this is done, we will send an email to notify you. Any invoice that is outstanding and not paid will result in an account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our billing department via a support ticket created from us after paying for any service. Domain renewal notices and invoices are provided as a courtesy reminder and maxwebcloud cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain or service renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our Billing department via a support ticket for any domain renewal cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final. Invoices that have been paid more than once can only be added as credit towards the account and cannot be refunded. If you require assistance with this provision please send us an email or raise a ticket.
Failure to pay for the services or violation of these Terms may result in the suspension or termination of your account without prior notice. We shall not be liable for any loss or damages arising from the suspension or termination of your account. maxwebcloud reserves the right to change the monthly or annual payment amount and any other charges at any time.
10. Disk/Storage Usage Policy
The allocated disk/storage space provided with our hosting plans is intended solely for the storage of website-related files, including but not limited to HTML files, images, scripts, and databases required for the operation of websites hosted with us.
MP4 files, video files, or any other non-website related media files are strictly prohibited from being stored on the allocated disk/storage space provided with our Standard or eCommerce plans. If you require hosting for such files, we recommend considering our VPS or Enterprise plans which are designed to accommodate a wider range of storage needs.
If your storage needs extend beyond the limitations of our Standard or eCommerce plans, please consider upgrading to either VPS or Enterprise plans, which offer more flexible storage options tailored to your requirements.
11. Backup Policy
We try and maintain frequent back-ups for all our clients’ files. However, Backups are not included as part of any service. We cannot guarantee that the backup files that we recover (if any) will be the most recent snapshot of your site. It is the customer’s sole responsibility to make backups and save them elsewhere off server. Availability of server backups is not guaranteed and we are not responsible for loss of customer data. Customers are advised to make backups of the information they store on our servers on a regular basis. Our Control Panel provides tools that allow customers to make data backups, download data, download backups, etc.
We do not perform backups for reseller accounts, virtual private servers (VPS), virtual dedicated servers (VDS), and dedicated servers. If you would like us to do a backup of your files in this category, you can open a ticket requesting for backups and you will be charged depending on the size of files.
12. Backup of a Suspended/Cancelled Account
In order to generate a backup of an account, the status of the account should be “ACTIVE”. However, you can ask for the backups by placing a ticket to our sales department.
In order to generate a backup of an account, the status of the account should be “ACTIVE”. However, you can ask for the backups by placing a ticket to our sales department.
Backup of suspended/cancelled reseller accounts totally depends on the size & availability of the backup as well as the number of accounts under the reseller. If you need to take a backup, please submit a ticket to sales and depending on the size or number of the accounts, you will receive a quote for the same.
13. Data Retention Policy
This Data Retention Policy forms part of our Terms of Service and applies to all customers using our hosting services. It is your responsibility to ensure timely payments to avoid permanent loss of data.
For all shared hosting and reseller hosting services, we implement the following data retention policy:
- Retention Period: Data associated with shared hosting accounts is retained for a maximum of 30 calendar days after the due date of the unpaid invoice.
- Termination and Deletion: If payment is not received within this 30 day window, the hosting account will be permanently terminated. This includes the complete deletion of all files, emails, databases, backups, and any other data stored on the account.
- Irrecoverability: Once deleted, data cannot be recovered by any means. We do not maintain archives or backups of terminated accounts beyond the 30-day retention period.
For Enterprise and VPS hosting services, the following policy applies:
- Retention Period: Data is retained for 7 calendar days after the due date of the unpaid invoice.
- Termination and Deletion: If payment is not made within this period, the server and all associated data will be permanently terminated and deleted from our systems.
- Irrecoverability: Once terminated, the server and its data are permanently unrecoverable. No backups or archives will be available after this point.
14. Indemnification
Customer agrees that they will protect, indemnify, save and hold maxwebcloud harmless from any and all stipulations, liabilities, losses, expenses, and claims, including but not limited to reasonable attorney’s fees assessed against maxwebcloud , its agents, customers, officers, employees, officers, shareholders, directors, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, officers, shareholders, directors, or assigns.
Customer agrees to defend, indemnify and hold maxwebcloud harmless against liabilities arising out of;
- any injury to person or property caused by any products sold or distributed in association with maxwebcloud’s Services;
- any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright, trademark patent, or other intellectual property violation and any defective products sold to a customer from maxwebcloud’s services.
Disclaimer
MAXWEBCLOUD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MAXWEBCLOUD MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MAXWEBCLOUD DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MAXWEBCLOUD AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. MAXWEBCLOUD RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE..
Failure to follow any terms and conditions may result in account deactivation or termination with or without notice. maxwebcloud furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, maxwebcloud wishes to emphasize that in accepting services, customers indemnify maxwebcloud for the violation of any law or maxwebcloud policy, that results in loss to maxwebcloud or the bringing of any claim against maxwebcloud . This means that if maxwebcloud is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against maxwebcloud , plus costs and reasonable attorneys’ fees.
