Terms & Conditions
Please read these terms and conditions carefully, before signing up or purchasing any service offered by aounex.com
Please read these terms and conditions carefully, before signing up or purchasing any service offered by aounex.com
These terms and conditions are the terms on which we provide the Service to you. They apply to us and to you. These terms supersede prior agreements.
These terms also apply to every user of the Service. It is a condition of your use of the Service that:
CHANGES TO THESE TERMS AND CONDITIONS
These terms and conditions are subject to change as time goes by.
We will give you notice of the change and you will then be obliged to comply with the new terms and conditions as amended or cease using the Service.
DURATION OF THIS AGREEMENT.
This agreement commences on the date you sign up for any service from aounex.com.
This agreement continues until either party terminates by 14 days’ notice in writing to the other party. On termination or expiry of this agreement for any reason:
Note: If the Service Provider terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the Service Provider terminated this agreement due to failure by you or a User to comply with these terms and conditions, you will be entitled to a pro-rata refund of any pre-paid charges (Excl. Taxes).
2. Server / Network Maintenance.
In order to keep our servers up to date, we will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.
We will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes the Service Provider will post a notice regarding the maintenance to its announce mail list.
Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.
3. Client Data and Data Backup.
UPLOADING CLIENT DATA
Except for intellectual property rights in the Client Data, the Aounex Corporation will own all intellectual property rights created during the course of providing the Service.
Subject to this clause 3 and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by Aounex Corporation from time to time.
You must ensure that all Client Data:
The Aounex Corporation may remove any Client Data it considers unsuitable.
It is your responsibility to maintain local copies of your web content and information. We perform weekly snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.
UPDATES OF WEBSITE SOFTWARE
From time to time, Aounex Corporation may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then:
4. Sub-domains and Account Rights.
Aounex Corporation may provide some domain names to be used as sub-domains. These domain names (and all sub-domains of these domains) will remain the property of the Aounex Corporation.
The domain names (and all sub-domains of those domains) are provided at the Service Provider’s discretion. We make no guarantee that:
If any dispute arises in relation to a domain name provided by the Service Provider, then the Service Provider may withhold, suspend or cancel the domain name.
We are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising from the Aounex supply or failure or delay in supplying these sub-domains.
At the time that you sign up for the Services, you must select a website hosting plan from those offered in your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:
that is included in the Services.
At the time that you sign up for the Reselling Services, you must select a hosting reselling plan from those offered on our website. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan you select will determine the:
that is included in the Services.
ACCESS TO ACCOUNT
Access to your account using the Service includes access to:
The Service does not include access to the Service Provider’s hosting account.
You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.
TECHNICAL SUPPORT AND OTHER ADDITIONAL SERVICES
The Fees include the provision of normal web hosting and server maintenance services.
At your request, we may carry out Additional Services for you, for example:
You must pay for all Additional Services that you request at our then current Professional Rates.
SUSPENSION OR TERMINATION OF ACCOUNT
We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all Users are complying with this agreement.
We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:
If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
You agree that you will have no claim against the Aounex in respect of any action reasonably taken by us under this clause 4, and you indemnify Aounex against any claim by a User arising out of the same.
At the commencement of this agreement, the following billing method is implemented:
You must pay all Service charges, minimum charges and other amounts incurred by you or any User or incurred as a result of any use of your password (whether authorized or not) in accordance with the billing option you selected.
You are liable to pay the following fees:
collectively, the Fees.
The hosting fees are charged according to the selected billing cycle, one period in advance. The Fees are exclusive of any registration or delegation charges imposed by domain name authorities or your ISP.
The fees for Excess Traffic Usage and Additional Services are charged at the end of the month for the previous month, unless other arrangements are made in writing with Aounex.
At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, for the previous month.
CHANGES TO FEES.
Our current Fees are set out on our website. They will apply to you for the duration of the billing period.
We reserve the right to change our Fees. If we change our Fees, then we will provide you with notice of the changed Fees through the Aounex website, or email to clients. The new fees will apply from the date that your pre-paid billing period expires.
Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from Aounex.
We reserve the right to immediately terminate the Service if payment is not received timely.
Aounex is not responsible for data integrity on accounts suspended for non-payment.
Unless we expressly state otherwise, all fees and charges do not include PST.
If at any time we decide that PST is payable on supplies made by us, or if the Punjab Revenue Authority (PRA) assesses PST on any such supplies, then the necessary amount will be added to, and form part of, the fees or other charges (as the case may be) at the PST rate prevailing at the relevant time. We reserve the right to recover from you at any time such an amount on account of PST on supplies made by us to you under this agreement.
6. Limitations of Service
You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:
7.1 IF YOU ARE NOT A CONSUMER:
7.5 ANY CONDITION OR WARRANTY WHICH WOULD BE IMPLIED BY LAW AS A TERM OF THIS AGREEMENT IS EXCLUDED.
8. You agree to abide by the Service Provider’s Acceptable Use Policy.
You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.
You must, and you must ensure that any User does, comply with the Acceptable Use Policy at all times in relation to the Service.
Aounex reserves the right to immediately discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, and these terms and conditions. We are not liable for any Losses that you suffer as a result of any such discontinuation.
9. You indemnify us.
The Client agrees to indemnify and hold harmless the Aounex and the employees and agents of the Aounex against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber’s use of the Services and Products, and will reimburse each Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
This clause 9 does not apply:
10. Governing Law
This agreement and the transactions contemplated by this agreement are governed by the law of Pakistan.
11. ACCEPTABLE USE POLICY
This is the Aounex Web Hosting Acceptable Use Policy. It applies to all Customers and all Users.
This Acceptable Use Policy may change if Aounex changes it.
If the Acceptable Use Policy changes:
Customer: The person or company which has entered into an agreement with Aounex for supply of Services whether via our website or otherwise.
Service: Web Hosting, Hosting Reselling and domain registration services offered by Aounex that you use, and that is subject to the limitations set out in clauses 2, 3, 4, 6 and 11.
Users: Users of the Service by the Customer.
Aounex is not responsible for the content of traffic:
You are responsible for use of your account. If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy.
You may use the service for the purpose of web site hosting so long as such use is legal and does not constitute an unacceptable use.
Aounex does NOT allow ADULT material of any kind. Adult material includes nudity, porn, etc. Links to other web sites containing adult material are NOT permitted either. Aounex reserves full right to suspend any account that does not comply with this guideline.
You may not use the Service for any purpose that violates local, State, Federal or international laws.
You may not use the Service for spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.
Our services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. Aounex remains the final arbitrator of what is or is not considered spam on our network.
Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.
You may not abuse our server resources. Running programs in the background on our server without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of our servers. In addition, any domain that exceeds reasonable bandwidth usage can be terminated without prior notice.
You may not use Aounex servers for development purposes. The Client’s web site must be fully developed and tested before it can be moved to our servers. If we find excessive number of errors in the web log files of your account, we reserve the right to suspend your account without prior notice until your web site is debugged.
You may not use Aounex hosting account as a download repository. If you plan to offer files, other than web page files, for downloading, including music and video files, you must negotiate the terms with Aounex. We reserve the right to suspend such accounts without prior notice.
You may not use your account for hacking/cracking. We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The Customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The Customer is responsible for securing their username/password.
We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed.
We may suspend or terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may warn you by email (but we are not obliged to do so); suspend your access to the service; terminate your account without notice; and/or notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
You agree that you will have no claim against Aounex in respect of any action reasonably taken by the Service Provider in its implementation of the terms of this Acceptable Use Policy, and you indemnify Aounex against any claim by a User arising out of the same.
Any notice given under this agreement must be in writing, addressed to the other party’s contact persons as notified by the other party.
This agreement does not create a relationship of employment, agency or partnership between the parties.
We may subcontract our obligations under this agreement.
The failure of a party at any time to insist on performance by the other party of an obligation under this agreement is not a waiver of any of its rights.
If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.
Acceptable Use Policy means the Service Provider’s acceptable use policy set out in clause 11, as amended from time to time in accordance with clause 11.
Additional Services means web-based services that are not included in our normal web hosting and server maintenance services.
Client Data means all information, files or data uploaded by the Customer via the Service to the Aounex servers.
Customer, you or your means the person or organization which has entered into an agreement with Amazon Web Services and Aounex for supply of Services whether via our website or otherwise.
Excess Traffic Usage means the traffic usage (if any) in excess of the monthly traffic limit included in your Hosting Plan.
Fees is defined in clause 5.
Hosting Plan means the website hosting plan or a reseller hosting plan, described on our website that you select in accordance with clause 4.
Laws means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, mandatory codes of conduct, writs, orders, injunctions, judgments, determinations and statutory license conditions.
Professional Rates means our fees for performing web-based services, as set out in our website, or as we otherwise advise you at the time that you request Additional Services.
Service means website hosting, reseller hosting and domain registration services offered by Aounex that you use, and that are subject to the limitations set out in clauses 2, 3, 4, 6 and 11.
Service Provider means the organization that provides website hosting and domain registration services that you use via the Service.
That organization may be Amazon Web Services, or another organization nominated by us.
User: a person who uses the Service with the Customer’s knowledge, authorization or permission.