These Hosting Service Terms apply to the hosting BIGBANG ITS FZE (“BIGBANG”, “we”, “us”) supplies to its customers (“you”) — Linux and Windows shared hosting, managed WordPress, reseller hosting, cloud VPS and dedicated servers — from the moment you order, renew or use any of them. They are read together with our Terms of Services and our Acceptable Use Policy, which apply to hosting in full.
1. What You Are Buying
- Plan specification: your service’s storage, websites, control panel, operating system and data centre region are those shown for your plan at the time of order or set out in your quotation. That specification governs the resources and settings allocated to your service and nothing else: availability, backups, migration and warranties are governed only by sections 5, 6 and 9 and the Terms of Services, whatever our website, plan listings or marketing material say.
- Shared platforms: shared, managed WordPress and reseller hosting run on servers shared with other customers; section 3 applies to them in full.
- Administrative access: a cloud VPS or dedicated server comes with full administrative access and you administer it from delivery; unless your order expressly includes a managed service, we do not administer, tune, monitor or update it.
- Reseller accounts: if you resell hosting you remain our only customer, you answer to us for everything done under your account and the accounts you create, and must bind your customers to terms at least as strict as these.
2. Your Account
- Security: you are responsible for your account’s security and all activity under it, and must notify us immediately of any unauthorised use or security breach, as the Terms of Services provide.
- Credentials: control panel, FTP, SSH, database and email credentials must not be given to anyone unauthorised to use the service, and must be changed whenever a holder ceases to be authorised.
- Contact details: keep your account’s contact and billing details accurate, because any notice we send about your service goes to them.
3. Fair Use of Shared Resources
- Normal use: a shared, WordPress or reseller plan’s resources are for the ordinary operation of that account’s websites and mailboxes — not general file storage, unrelated backups, or cryptocurrency mining, which the Acceptable Use Policy prohibits unless we expressly authorise it.
- Impact on other customers: no account may consume processor, memory, input/output, process or bandwidth capacity so as to degrade other customers’ service on the same server, whatever the cause. Where an attack causes the load, we take the least disruptive measure reasonably available to protect the platform and work with you to restore normal service; advanced protection against such attacks is a separate service.
- What we may do: we may then limit bandwidth or processes, disable the script or feature responsible, require the application to be optimised or moved to a plan or server suited to the load, or suspend the account, as that Policy provides. We contact you first where we can, and act without prior notice only where the platform’s stability or security requires it or where section 9 applies.
- Unlimited features: an unlimited number of websites describes how many sites you may create, not unlimited processing capacity.
4. Your Content and Applications
- Responsibility: you are responsible for all content, data, code, plugins, themes and applications you or your users place on the service, for every licence, consent and authorisation they require, and for their compliance with the Acceptable Use Policy and the law; we do not routinely monitor customer content, but may remove or disable it where that Policy allows, where it threatens our services’ security or performance, or where the law requires it.
- Updates: keep the applications you install updated and supported by their publishers. We maintain the operating system, web server and control panel of the servers we operate, and on managed WordPress plans our team does the plan’s server-side work; updating your installation, its plugins and its themes is yours unless your order says otherwise.
- Personal data: you are responsible for the personal data that you or your users place on the service, for the notices and consents it requires and for your obligations under the law; your account data with us is handled under our Privacy Policy.
- Protective action: where software in an account is compromised, exploited or presents a demonstrable risk to the platform or to other customers, we may isolate, disable, restrict or remove it and suspend the account until the cause is resolved; the Terms of Services indemnity applies to what you host with us.
5. Customer Content, Intellectual Property and Our Role as Host
-
Our role: We supply the technical infrastructure on which you publish. We do not create, select, edit, review or approve what you or your users place on the service, and hosting it does not make us its publisher, its owner or a party to what you do through your website.
-
Your responsibility: You alone are responsible, legally and in every other respect, for everything published, stored or transmitted under your account, including text, images, video, audio, logos, designs, software, databases and links, and including anything copied, adapted or taken from any other person or source.
-
Rights you confirm: By placing material on the service you confirm that you own it or hold every licence, permission and consent its use requires, and that it does not infringe anyone’s copyright, trademark, design, privacy or other right, or breach any law that applies to you or to us.
-
No liability for customer content: To the fullest extent the law allows, we are not liable to you or to any third party for customer content or for your activities on your website, including claims of copyright or trademark infringement, copying of content, defamation or unlawful trading. Any such claim is a matter between you and the person making it.
-
Complaints: Anyone who believes that material we host infringes their rights may report it to info@its.ae, identifying the material and its address, the right they hold and how to reach them. We pass the complaints we receive on to the customer concerned.
-
Removal: Where a complaint appears well founded, or where a court or competent authority requires it, we may disable access to the material or suspend the account under section 9, telling you first where the law and the urgency allow. We are not liable to you for acting in good faith on a complaint or an order.
-
Repeated infringement: We may end the service of a customer whose account is the subject of repeated well-founded complaints.
-
Indemnity: The indemnity in the Terms of Services applies to what you host: you bear the claims, losses, fines and costs, including reasonable legal costs, that we incur because of your content or your activities.
-
Disclosure: We disclose a customer’s details to a third party only where a court or competent authority lawfully requires it.
6. Backups
- What is included: where your plan or your quotation states that backups are included, they are taken at the frequency stated there; where none is stated, no frequency is guaranteed. We do not back up a cloud VPS or dedicated server unless your order includes a backup service, and longer retention, where offered, is an option at the time of order.
- Your own copies: any backup we take is a convenience, not a substitute for your own; you remain responsible for an independent, current copy of your websites, databases and email, which the Terms of Services require before any termination.
- Restores: restore requests are made by support ticket; we make commercially reasonable efforts to restore from the most recent copy available, and do not warrant that a particular restore point exists or that a restore will be complete.
7. Migration Assistance
- When it is included: our team migrates your sites free of charge where your plan or order includes it; other work is quoted before it begins.
- Credentials: migration requires access to your current provider; where you give us control panel or SSH credentials, create a temporary password for the migration only and reset it once the transfer is complete.
- What we can and cannot promise: we make commercially reasonable efforts to transfer your data accurately and keep downtime to a minimum within the timeframe agreed in your ticket, but cannot guarantee that software written for another provider’s platform behaves identically on ours, and are not responsible for data your previous provider has deleted or cannot supply.
8. IP Addresses
- Allocation: an IP address used by your service is allocated for that service’s duration only: it is not sold to you, does not become your property and cannot be transferred to another provider when the service ends. A dedicated address is provided only where your plan or order includes one.
- Changes: we may change a service’s IP address where operational, capacity, security or legal reasons require it, and aim to tell you in advance of a planned change so you can update your DNS records.
- Reputation: where your use causes an IP address to be listed by a third-party blocklist or filtering service, clearing that listing is your responsibility, and we may restrict or move the affected service to protect other customers.
9. Suspension and Termination
- Grounds: we may suspend or terminate a hosting service for breach of these Terms, the Terms of Services or the Acceptable Use Policy, for non-payment when due, where the account threatens our services’ security or performance, or where the law requires it.
- Immediate action: suspension may be immediate and without prior notice where an account is compromised, is used to attack or defraud others, materially affects other customers on the same server, or where we are legally obliged to act; otherwise we contact you first where we can.
- Restoring the service: a suspended service is reactivated once the cause has been removed to our reasonable satisfaction and any outstanding balance settled.
- Effect of termination: on termination your account is deactivated and its data may be deleted, as the Terms of Services provide, so take your own copy of what you need before a service ends.
- Asking us for a copy: if your service is suspended or has recently ended, you may ask us in writing for a copy of what is still held; we make commercially reasonable efforts to provide it, may require any outstanding balance to be settled first, and do not warrant that the data still exists.
10. Availability, Warranties and Liability
- As is: hosting is provided “as is” and “as available” under section 9 of the Terms of Services; we do not warrant that it will be uninterrupted, error-free or secure.
- Maintenance: we may carry out maintenance, apply security patches, move an account between servers or change the platform to keep the service secure and stable, making commercially reasonable efforts to limit disruption.
- Liability: the exclusions and limitations of liability in the Terms of Services apply to hosting; nothing here excludes or limits any right you have that cannot be excluded or limited under the consumer protection laws of the United Arab Emirates.
11. Fees, Renewal and Refunds
- Payment: hosting fees are due in advance and billed recurrently for the billing cycle you choose, as the Terms of Services set out; prices and invoices are in United States Dollars, and where an invoice is overdue we may suspend or terminate the service until it is paid.
- Renewal: a hosting service renews automatically for the same billing cycle unless you cancel it from your client area before the renewal invoice is issued; once issued, that invoice is treated like any other payment under the Refund Policy.
- Promotional prices: where an introductory or promotional price applied to your first term, the service renews at the plan’s standard price published at the time of renewal.
- Cancellation: you may cancel at any time; cancellation stops future billing only and does not create a refund for unused time or resources.
- Refunds: refunds are governed exclusively by our Refund Policy.
12. Related Documents and Contact
These Terms are read with our Terms of Services, our Acceptable Use Policy and our Refund Policy, which apply to hosting in full and prevail over this document where a matter is settled in them. Governing law and dispute resolution are as set out in the Terms of Services. If you have any questions, please contact us at: info@its.ae