Terms of Service

1. General

EHDF provides virtual server hosting services along with such other services as are agreed between it and the customer (the "Services").

Your subscription to any of the Services and opening an account with EHDF (the "Account") signifies that you (the "Customer") have read, understood, acknowledged and agreed to be bound by these terms and conditions (the "Terms"). These Terms apply to all EHDF accounts.

The terms "we", "us" or "our" shall refer to EHDF. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) we, in our sole and absolute discretion, may change or modify these Terms, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this website (the "Site"), and (ii) your use of this Site or the Services after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of these Terms as last revised. If you do not agree to be bound by these Terms as last revised, do not use (or continue to use) this Site or the Services. In addition, EHDF may occasionally notify you of changes or modifications to these Terms by email. It is therefore very important that you keep your shopper account (the "Account") information, including your email address, current. EHDF assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. Accounts

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an Account. You represent and warrant to EHDF that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If EHDF has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, EHDF reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not.

For security purposes, EHDF recommends that you change your password at least once every six (6) months for each Account you have with EHDF as well as for any virtual servers that you may have created/subscribed to on this Site. It is also highly recommended that you create complex passwords with minimum 8 characters and with a combination of upper case and lower case as well as numerals. You must notify EHDF immediately of any breach of security or unauthorized use of your Account. EHDF will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss EHDF or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

If you are using the Services on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of these Terms, EHDF finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms, including, but not limited to, the payment obligations. EHDF shall not be liable for any loss or damage resulting from EHDF's reliance on any instruction, notice, document or communication reasonably believed by EHDF to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, EHDF reserves the right (but undertakes no duty) to require additional authentication from you.

If you are visiting this Site from a country other than the UAE, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

3. General Rules of Conduct

You acknowledge and agree that:
  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms and all applicable local, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services found at this Site in a manner (as determined by EHDF in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email,
    • computer or network hacking or cracking;
    • Violates the applicable UAE laws, rules and regulations;
    • Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding EHDF or EHDF's Services.
  4. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by EHDF.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You agree to back-up all of your User Content so that you can access and use it when needed. EHDF does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  7. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  8. You agree to use duly licensed copies of operating systems and applications for your virtual servers in your account at all times.
  9. As the Services are offered on a shared cloud infrastructure, you must comply with the specific licensing policy and terms and conditions for applications running on Microsoft or other operating systems and you are required to license such applications accordingly. You agree to indemnify and hold harmless EHDF against any claims or penalties imposed by Microsoft or other operating system vendors where they find any breach of this clause as part of their audit.
EHDF reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

4. Services

4.1 EHDF will use reasonable efforts to supply a continuous service. However, EHDF is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer.

4.2 You agree that EHDF is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. EHDF is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UAE or other applicable law.

4.4 From time to time EHDF or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. EHDF will give as much notice as possible and shall try to keep this work to the period specified in the notice. EHDF accepts no liability whatsoever arising from such a suspension of the service.

4.5 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer any part of the Services, unless specifically autorised by EHDF.

4.6 You acknowledge and agree that details of your name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the relevant government bodies when required.

5. Content

Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, application programming interface, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("EHDF Content"), are owned by or licensed to EHDF in perpetuity, and are subject to copyright, trademark, and/or patent protection in the UAE and foreign countries, and other intellectual property rights under the UAE and foreign laws. EHDF Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of EHDF. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms. EHDF reserves all rights not expressly granted in and to the EHDF Content, this Site and the Services found at this Site, and these Terms do not transfer ownership of any of these rights.

6. Adult Content

We do not allow pornographic or sexually-explicit images of children or any pictures/ video to host on our servers.

7. Server / Resource / Staff Abuse

7.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.

7.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.

7.3 EHDF may allow to burst compute capacity beyond what you have subscribed for but reserves the right to cap the compute capacity to the purchased levels. If you operate any virtual servers that we deem to be using excessive resources that cause strain to other virtual servers or virtual server infrastructure, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade).

7.4 Denial of Service (DOS) attacks directed at EHDF, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.

7.6 If you are in any way disrespectful towards any member of the EHDF staff we have full right to terminate your account with us without any refund.

9. Commercial Advertising - Email

You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is strictly prohibited and will qualify your Account for immediate deactivation with no refund. EHDF would be the sole arbiter as to what constitutes a violation of this Clause.

11. Domains

You agree and understand that we are not the domain registrar therefore we do not have our own nominet tags or NIC tags.

12. Billing and Pricing

By subscribing to the Services at listed price, you agree to pay the same and you would be billed on a monthly basis for the same and the amount shall be charged to your credit card on record. Any additional consumption of resources including but not limited to bandwidth and secondary storage space outside of the subscribed bundle will be charged at published rate and will be billed to you and charged to the credit card. Standard subscriptions are billed and charged to the credit card monthly in advance and any over utilization will be billed and charged along with the next month's advance billing.

EHDF reserves the right to change the pricing at any time and in such an event, customers will be given 30 days' advance notice.

13. Security and Viruses

13.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

13.2 Your password provides access to your Account. It is your responsibility to keep your password secure.

13.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

13.4 Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

13.5 You must adopt adequate security measures to prevent or minimize un-authorized use of your Account. Further, you are responsible for the security of your virtual servers hosted on EHDF cloud platform and may use the following minimal measures to secure your virtual servers

You understand and agree that security of the Virtual Servers hosted at EHDF is solely your responsibility and EHDF shall not be responsible for any security breach on your servers.

13.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

13.7 You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

13.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. EHDF will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

13.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.

14. Links to Third Party Websites

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by EHDF. EHDF assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, EHDF does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release EHDF from any and all liability arising from your use of any third-party website. Accordingly, EHDF encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

15. Invalidity

It is agreed that a court may strike out or override any part of these Terms if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms as if the offending clause or clauses had never been contained in them.

16. Term & Termination

The term of the subscription shall be one month and is automatically renewed for similar terms of one month each until either party terminates. Customers can terminate by deleting all subscriptions and by making payment of the un-paid charges and notifying EHDF of the same at any time. If the customer has paid in advance for the month, there will be no re-fund applicable. Customers are required to maintain at least one active subscription at all times. EHDF reserves the right to delete any accounts with no active subscriptions. EHDF reserves the right to terminate the account at any time with a 30 days' notice.

16.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.

16.2 We may suspend your Account immediately upon breach by you of any of these Terms, including, without limitation, late or non-payment of monies due.

17. Effect of Termination

On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to EHDF within 14 working days.

18. Limitation of liability

18.1 EHDF disclaims all liabilities in connection with the following: (a) loss of material uploaded; (b)incompatibility of the Services with any of the Customer's equipment, software or telecommunications links; (c)technical problems including errors or interruptions of the Services; (d)unsuitability, unreliability or inaccuracy of the Services; (e)computer viruses of any kind obtained by the Customer in the course of using the Services; (f)any security breaches whatsoever affecting the Customer's Account.

18.2 In no event shall EHDF be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.

18.3 Our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the fees paid by you to us in the month in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

18.4 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services or for faults in or failures of their equipment.

18.5 EHDF will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

19. Disclaimer

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". EHDF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EHDF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND EHDF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY EHDF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these terms or your use of this Site or the Services found at this Site.

20. Indemnity

You agree to protect, defend, indemnify and hold harmless EHDF and its officers, directors, employees, agents, parents, affiliates and subsidiaries from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by EHDF directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this clause shall survive any termination or expiration of these Terms or your use of this Site or the Services found at this Site.

21. Monitoring of Content and Termination Policy

EHDF generally does not pre-screen User Content that is made online from any of the virtual servers subscribed by you. However, EHDF reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms. EHDF may disable such server and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms, or for otherwise violating these Terms (as determined by EHDF in its sole and absolute discretion), at any time and without prior notice. EHDF may also terminate a User's access to this Site or the Services found at this Site if EHDF has reason to believe the User is a repeat offender. If EHDF terminates your access to this Site or the Services found at this Site, EHDF may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

22. Additional Reservation of Rights

EHDF expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by EHDF in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by EHDF in offering or delivering any Services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with applicable laws, rules and regulations, (iv) to comply with requests of law enforcement requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of EHDF, its officers, directors, employees and agents, as well as EHDF's affiliates.

EHDF expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

23. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the UAE. The parties hereof agree to submit to the exclusive jurisdiction of the Dubai courts in case of any dispute or difference arising out of or in connection with the formation, performance, interpretation, nullification, termination or invalidation of these Terms.

24. EXPORT COMPLIANCE

You represent and warrant that you are not located in or a national of any country that is embargoed or highly restricted under export regulations or are otherwise a person to whom EHDF is legally prohibited to provide the Services. You represent and warrant and undertake that you will not possess, use, import, export or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any information or technical data provided by EHDF to you under the Agreement in any manner which would cause EHDF to breach any applicable export control laws, rules, or regulations of any jurisdiction (including those under UK and US law). Without limitation, you represent and warrant and undertake that you will not provide or facilitate administrative access to or permit use of the Services by any persons (including any natural person, government or private entity or other form of body corporate) that is located in or is a national of any country that is embargoed or highly restricted under applicable export laws, rules or regulations (including but not limited to UK and US export regulations).

24.1 VENDOR’S EXPORT TERMS AND CONDITIONS OF SALE COMPLIANCE WITH GLOBAL EXPORT LAWS

This transaction may include commodities, software, or technology (Product) subject to the export laws and regulations of the United States, the European Union, or another country. The buyer agrees that it will not distribute or re-export products in violation of any of the export control laws or regulations of the United States the European Union, or another country. The buyer warrants that neither the technical data nor the Product received from eHosting Datafort FZ LLC is intended to be shipped, either directly or indirectly, to a country prohibited by the export control laws and regulations that govern that Product, without prior approval from eHosting Datafort FZ LLC and either a validated export license or written permission from the appropriate export administration. The buyer shall be responsible to comply with all applicable export and import laws and regulations, including those of the United States, the European Union, or other applicable country, when marketing, exporting, or importing products and technical data. The buyer warrants that it is knowledgeable with, and undertakes to comply with, the applicable export and import laws, regulations, orders, and policies of the United States, the European Union, or other applicable country. Buyer further agrees to indemnify eHosting Darafort FZ LLC and eHosting Datafort FZ LLC supplier from claims made against eHosting Datafort FZ LLC or eHosting Datafort FZ LLC supplier for the buyer’s failure to comply with applicable export and import laws.

24.2 GOVERNMENTAL APPROVAL

If the approval of any government or governing organization, with respect to this agreement, its registration, or the distribution of the products or technical data, is required during the term of this agreement, including without limitation, with respect to giving legal effect to this agreement protecting intellectual property and other rights in the products or compliance with exchange regulations, the buyer will, at its expense, immediately take whatever steps may be necessary to secure such approvals. If any such approval or registration requires or results in the deletion or amendment of any provision of this agreement, then eHosting Datafort FZ LLC will have the right to immediately terminate this agreement upon written Notice to the buyer.

25. INTENDED USE

As a condition of your use of the Services, you warrant to EHDF that you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. Recognizing the global nature of the Internet, you agree to comply with all local laws, regulations, rules etc. regarding online conduct and acceptable content