YOU MUST AGREE
TO THE BELOW CONTRACT BEFORE AND DURING USING HATCH
TECHNOLOGIES. IF YOU DISAGREE, YOU MUST IMMEDIATELY
STOP USING OUR SERVICES. CONTINUED USE STIPULATES
AN AGREEMENT TO THIS TERMS OF SERVICE DOCUMENT.
Hatch Technologies Terms and Conditions
Hatch Technologies strives to provide the best possible service
to all our customers, but we will not tolerate any unlawful activity or abuse
on our servers. We respect freedom of speech and expression unless it is
harmful to others. These brief guidelines are imposed to protect you, other
Hatch Technologies customers and us against such harm.
Hatch Technologies is committed to
providing services at a standard ofexcellencecommensurate
with the best practice in the industry. Network up-time and server availability
areof thehighest importance. The followingservice levels
are designed to assure our customers of ultimateperformance
and maximal up-time.
Hatch Technologies guarantees network availability
of at least 99.9% in a given month,
excluding scheduled maintenance. Network is
considered unavailable if there is a 100% packet
loss from Hatch Technologies to its backbone providers.
Subject to Sections 1 and 2 below, if the website availability of customer's
website is less than 100%, Hatch Technologies will issue a credit to customer
in accordance with the following schedule, with the credit being calculated
on the basis of the monthly service charge for the affected services.
Customer shall not receive any credits under this SLA in connection with any
failure or deficiency of website availability caused by or associated with:
- circumstances beyond
our reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage,
armed conflict, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation,
unavailability of or interruption or delay in telecommunications
or third party services, virus attacks or hackers,
failure of third party software (including, without
limitation, ecommerce software, payment gateways, chat,
statistics or free scripts) or inability to obtain
raw materials, supplies, or power used in or equipment
needed for provision of this SLA;
- failure of access circuits to the Hatch Technologies Network, unless such
failure is caused solely by Hatch Technologies;
- scheduled maintenance and emergency maintenance and upgrades;
DNS issues outside the direct control of Hatch Technologies;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any Hatch
Technologies measurement system;
- customer's acts or omissions (or acts or omissions of others engaged or authorized
by customer), including, without limitation, custom scripting or coding (e.g.,
CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the
Services in breach of the Hatch Technologies Terms and Conditions and Acceptable
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. Hatch
Technologies is not responsible for browser or DNS caching that may make your
site appear inaccessible when others can still access it. Hatch Technologies
will guarantee only those areas considered under the control of Hatch Technologies:
Hatch Technologies server links to the Internet, Hatch Technologies routers
2. Credit Request and Payment Procedures
To receive a credit for any hosting account, the
customer must make a request therefore by sending
an e-mail message to [email protected]. The
message MUST include the domain name of the customer's
account in the "Subject" line.
Each request in connection with this SLA must include
the customer's domain name and the dates and times
of the unavailability of customer's website and
must be received by Hatch Technologies within ten
(10) business days after the customer's website was
not available. If the unavailability is confirmed
by Hatch Technologies, credits will be applied within
two billing cycles after
Hatch Technologies receipt of the customer's credit
request. Credits are not refundable and can be used
only towards future billing charges.
anything to the contrary herein, the total amount
credited to customer in a particular month under
this SLA shall not exceed the total hosting fee paid
by customer for such month for the affected Services.
Credits are exclusive of any applicable taxes charged
to customer or collected by Hatch Technologies and
are customer's sole and exclusive remedy with respect
to any failure or deficiency in the website availability
of customer's website.
are not refundable and can be used only towards future
Policies, Fees, Refunds and Terms of Agreement
payment is required before any hosting service is
rendered, which includes renewals. Prepayment is
due each 365 days following the date the account
was established. Billing will continue until you
cancel your hosting account. You may cancel at anytime.
As a policy, we do not offer credits or refunds for
hosting time already expended.
only applies to cancellation by the client. If cancellation
is done by Hatch Technologies due to restrictions
violation, there will be no refund. Hatch Technologies
will only allow for the discount if cancellation
is not the fault of the client, as determined by
Hatch Technologies. All monetary transactions are
in $US dollars or UAE Dirhams. Additional features
can be added at any time. Monthly feature prices
are not prorated. Hatch Technologies reserves the
right to change prices at any time.
may cancel at anytime in writing via mail or by fax.
You can get a refund subject to a cancellation fee.
Hatch Technologies reserves the right to cancel
a customer's account at any time for violation
of its policies and/or otherwise as decided by
agree to use all Hatch Technologies services and
facilities at your own risk. Hatch Technologies specifically
disclaims all warranties of merchantability and fitness
for a particular purpose. In no event shall Hatch
Technologies be liable for any loss, or loss of data,
or other commercial damage, including but not limited
to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify,
save and hold Hatch Technologies harmless from any
and all demands, liabilities, losses, costs and claims,
including reasonable attorneys fees asserted against
Hatch Technologies, its agents, its customers, officers
and employees, that may arise or result from any
service provided or performed or agreed to be performed
or any product sold by customer, its agents,
employees or assigns.
agrees to defend, indemnify and hold harmless Hatch
Technologies against liabilities arising out of:
Any injury to person or property caused by any products
sold or otherwise distributed in connection with
any Hatch Technologies server;
- Any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from any Hatch Technologies server.
Technologies shall be the sole judge of what violates
abuse policy -
we determine that any site on our servers is using
too much of the server's resources and therefore
abusing the server, we have the right to suspend
that domain without any notice. It is then up to
you to contact us and formulate a plan to get that
domain activated again. We are quick to suspend any
domain that abuses the server's resources due to
the shared nature of the server and the negative
impact an abusing domain has on other domains on
the same server.
mass email marketing or free email businesses allowed!
do not allow mass email marketing sites on our servers.
It doesn't matter if it's opt_in email marketing.
We simply do not allow sites of that nature to be
hosted on this shared environment. Sites such as "safe
lists" and "free email" are also strictly
prohibited. We reserve the right to shutdown such
sites, that we consider harmful to the server's performance.
Technologies is committed to a zero-tolerance, anti
spamming policy. Under this policy, we prohibit spam,
or any unsolicited commercial email, from being sent
either: Over the Hatch Technologies network, by customers
or any other users of the Hatch Technologies network
(including customers' customers); AND/OR over ANY
networkif the message sent advertises or mentions
a site hosted on the Hatch Technologies server.
react quickly and seriously to violations, and we
further reserve the right to terminate the services,
without prior notice, of any customer disregarding
this policy. Sending unsolicited commercial email
(a.k.a. "spam"), cross-posting messages
to a large number of Usenet groups, posting obscene
or threatening messages while using or referring
to a Hatch Technologies email address or web site
URL is prohibited. The use of Hatch Technologies
servers as a mail drop for responses to activities
described above is also prohibited.
your main WHM domain is involved in spamming activities,
and your account is subsequently terminated, then
you do not have the right for a refund. This also
includes if you have paid for additional services,
such as installations of software or IP addresses.
services provided by Hatch Technologies may be used
for lawful purposes only. Transmission, storage,
or presentation of any information, data or material
in violation of any United States Federal, State
or City law is prohibited. This includes, but is
not limited to: copyrighted material, trademark,
intellectual property, material we judge to be threatening
or obscene, or material protected by trade secret
and other statute without proper authorization. The
subscriber agrees to indemnify and hold harmless
Hatch Technologies from any claims resulting from
the use of the service which damages the subscriber
or any other party.
is prohibited on all Hatch Technologies servers.
This includes sites that may infer sexual content,
or links to adult content elsewhere. Hatch Technologies
will be the sole arbiter in determining violations
of this provision.
prohibited are sites that promote any illegal activity
or present content that may be damaging to Hatch
Technologies servers or any other server on the internet.
Links to such materials are also prohibited.
of unacceptable content or links -
- Hacker programs or archives
- Warez sites
- Online gambling
Technologies does not host sites of its competitors
or web pages promoting sites of its competitors.
illegal activity, including adult content, links
to adult content web sites, online gambling, spamming
or hacking will result in your site being shut down.
Technologies will be the sole arbiter as to what
constitutes a violation of this provision.
Technologies enforces a strict "No SSH" policy.
Any domain that uses a script which can be used to
elevate privileges or enable SSH services, will be
Scripts Policy -
account comes with its own cgi-bin. You are free
to use any CGI scripts you wish, [as long as they
are not on our banned script's list] however we reserve
the right to disable any CGI script that affects
normal server operation or service to other Hatch
Technologies customers. You will be notified in 24
hours about offending cgi script.
Technologies is not responsible for scripts that
you use in your hosting. It is not our responsibility
to ensure your scripts function. Please don't expect
our support techs to troubleshoot aspects of your
scripts or third party scripts that you use on your
sites hosted on our servers.
Technologies provides technical support for the Server & Server
related software. Any scripts included in the Control
Panel are 3rd Party scripts and are not supported
by Hatch Technologies.
Traffic Policy -
Technologies allows for very generous traffic, and
most sites never exceed 500MB per month, unless they
offer shareware, sound, video, image and multimedia
archives, are mirror sites or any site whose primary
purpose is file distribution. Hatch Technologies
customers are discouraged from storing any files
that cause excessive traffic on Hatch Technologies
servers. Please contact the Hatch Technologies Technical
Support team for more information. Again, 99% of
the sites do not fall into this category and never
reach our traffic limits.
reserve the right to refuse service to anyone for
any reason not prohibited by law. Also we reserve
the right to terminate service to any customer for
any reason not prohibited by law.
deliberate attempt to cause damage to Hatch Technologies
or any other Internet servers will result in immediate
account deactivation without prior notice. No refund
is given in this case.
backups are made nightly. No guarantees are made
of any kind, either expressed or implied, as to the
integrity of these backups. Backups are made for
server restoration purposes only. It is the client's
responsibility to maintain local copies of their
web content any information.
Manager" is included in each hosting plan and
client can use this tool to back up their files.
If loss of data occurs due to an error of Hatch Technologies,
we will attempt to recover the date for no charge
to the client. If data loss occurs due to negligence
of client in securing their account or by an action
of the client, Hatch Technologies will attempt to
recover the data from the most recent archive for
a $50.00 fee.
is the client's responsibility to have a good working
knowledge of aspects of their site's operation.
Technologies reserves the right to amend our Terms
of Use at any time and without notice.