This Terms of Service is an agreement between you (“you”, “user”) and Tupoa Hosting Technology (“Tupoa Hosting”, “Tupoa Hosting”, “We”, “Us”). This POLICY sets forth the general terms and conditions of your use of the products and services made available by us and on our websites (collectively, the “Services”). This POLICY governs the use of Tupoa Hosting’s web hosting service. Violation of this POLICY may result in suspension or termination of your service. In the event of a dispute between you and Tupoa Hosting regarding the interpretation of this POLICY, Tupoa Hosting’s interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire TERMS OF SERVICE agreement between Tupoa Hosting and the personal or corporate account holder. Tupoa Hosting provides World Wide Web Hosting, web design and script installation. Tupoa Hosting has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Tupoa Hosting’s general policy is to act as a provider of Internet presence. Tupoa Hosting reserves the rights to suspend or cancel a customer’s access to any or all services provided by Tupoa Hosting when we decide that the account has been inappropriately used
• Privacy Guarantee
Tupoa Hosting guarantees client contact information is securely stored and no sharing of such information with third party.
• Uptime Guarantee
Tupoa Hosting has a 99.95% uptime that is observed for its services: Please note that scheduled downtime is not counted as ‘real downtime’ since prior communication will be made to affected users.
• Technical Support
Tupoa Hosting provides 24 hours support all the days of the year: Avenues of communication include calls, live-chat, emails and ticket method.
Tupoa Hosting accepts payments via Lipa Na Mpesa, PayPal or Bank Transfer.
Services are offered for specified periods of time depending on the subscription and should be renewed before the period elapses.
When your service is about to expire, we will send you an invoice, via email, for renewal 60 days to expiry date. We will then send email reminders 30 days and 10 days to expiry. We will also send an email expiry notification on the day of domain/service expiry. We also follow up with calls and SMS to ensure you got our email notifications regarding your service status.
If not renewed by expiry date, your service will then be suspended. Access to the service can then be provided only if renewal is done in full.
If you do not plan on renewing your service, we recommend you take a backup of the data in your hosting plan and save it offline before the service expires and is suspended.
Services not renewed will be terminated permanently after expiry and after the grace period elapses based on this criterion:
1. Shared and Reseller Hosting: Services will be terminated 30days after expiry.
2. VPS and Dedicated Servers: Services will be terminated 3 days after expiry.
NOTE: We will not be held responsible for loss of any data hosted in a service not renewed.
• Refund Policy
Tupoa Hosting does NOT offer refund for any services offered, including but not Technology to domain registered, hosting account setup, server setup, ssl setup, website created, domain transferred.
Refund is only offered against over-payments, payments made against no service or incorrect transactions.
• Account Activation
We provide instant account activation for our shared and reseller web hosting plans.
VPS servers are activated within 2 hours in most.
Dedicated servers are activated within 6 hours.
• Content and Prohibited Actions
Customer agrees to use the Services for lawful purposes only. Tupoa Hosting prohibits the following content on our servers and network. You MUST not publish or transmit via Tupoa Hosting’s service any content that Tupoa Hosting reasonably believes:
1. Constitutes child pornography.
2. Constitutes pornography.
3. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech.
4. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes.
5. Is defamatory or violates a person’s privacy.
6. Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
7. Improperly exposes trade secrets or other confidential or proprietary information of another person.
8. Is intended to assist others in defeating technical copyright protections.
9. Clearly infringes on another person’s trade or service mark, patent, or other property right.
10. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking.
11. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Tupoa Hosting.
12. Disputed Services; this is in case a domain has ownership disputes; Tupoa Hosting will suspend the services pending the dispute resolution.
13. General Dispute; Tupoa Hosting hold high standards of integrity; any cases of conning, phishing, copyright infringement will be taken very seriously. Tupoa Hosting holds the rights to suspends or terminate such services without notice. An email notification will be sent (before or after) to you in such cases; the parties involved have the burden of proof. Once Tupoa Hosting has verified the above proofs, the service will be reinstated or terminated.
14. Tupoa Hosting WILL terminate service for any of the above reasons and it’s at Tupoa Hosting WILL not issue a refund.
15. Hacker focused sites
16. Proxy Scripts
17. Anything related to torrents
18. Starting background processes on shared servers
19. Warez, hacking tools, exploits
Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Customer agrees NOT to use our shared, reseller, VPS or dedicated servers hosting space for storage of backups. We advise customers to store their back up externally.
Customer is responsible to keep their accounts Scripts, plugins and modules up to date and secure at all times and strong passwords must be used always.
Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information.
• Domain Registration and Transfer policy
Domains registered/transferred to Tupoa Hosting must stay with us for at least 60days before being eligible for a transfer out. If the domain must be transferred out, an additional fee will be charged before EPP code is provided. International domains (non .ke domains) will not be transferable out until 60days are over.
Cancellation requests need to be placed via the client dashboard by raising a ticket or by writing cancellation requests on e-mail to be considered legitimate request.
• Anti-Spam policy
We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately and the owner will be alerted. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Tupoa Hosting offers a separate service if you need to send thousands of e-mails.
• Resource Usage
Any account on the server cannot use more than the allocated CPU or memory resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high to keep the server unstable, we will suspend the overloading account so that it doesn’t affect the other clients on the server. For more details , please refer to our Acceptable Usage Policy.
• Hosting Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date.
Please refer to our Backup Policy
• User content.
User Content includes any content posted by you or by users of any of your websites hosted through the Services (‘User Websites’). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Tupoa Hosting that:
• You have all the necessary rights to post or distribute such User Content, and
• Posting or distribution of such User Content does not infringe or violate the rights of any third party.
Tupoa Hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Tupoa Hosting computers, network hubs and points of presence or the Internet. Tupoa Hosting does not monitor User Content. However, you acknowledge and agree that Tupoa Hosting may, but is not obligated to, immediately take any corrective action in Tupoa Hosting’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Tupoa Hosting shall have no liability due to any corrective action that Tupoa Hosting may take.
• Changes to Our Terms
Tupoa Hosting reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates