Terms Of Use

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.

Service Level -

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.

1. Exceptions

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 Use Policy;

- 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 and servers.

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 e-mail 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.

Note: Credits are not refundable and can be used only towards future billing charges.

Payment Policies, Fees, Refunds and Terms of Agreement -

Full 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.

This 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.

Account Cancellation -

You 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 management.

Indemnification Policy -

You 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.

Customer 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.

Hatch Technologies shall be the sole judge of what violates this Policy.

Server abuse policy -

If 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.

No mass email marketing or free email businesses allowed!

We 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.

SPAM Policy -

Hatch 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.

We 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.

If 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.

Content Policy -

All 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.

Pornography 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.

Also 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.

Examples of unacceptable content or links -

- Pirated software

- Hacker programs or archives
.
- Warez sites

- Online gambling

Hatch Technologies does not host sites of its competitors or web pages promoting sites of its competitors.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Hatch Technologies will be the sole arbiter as to what constitutes a violation of this provision.

SSH Policy -

Hatch 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 instantly suspended.

CGI Scripts Policy -

Each 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.

Hatch 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.

Hatch 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 -

Hatch 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.

We 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.

Any 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 -

Full 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.

The "Backup 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.

Support Policy -

It is the client's responsibility to have a good working knowledge of aspects of their site's operation.

Hatch Technologies reserves the right to amend our Terms of Use at any time and without notice.