Terms and conditions of use

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Date: 29/05/2022

1. MAX HOSTING provides its hosting services to companies registered in Macedonia, as well as to citizens of the Republic of Macedonia. Payment for the services is made in advance for each year and the amount paid is non-refundable.

Content allowed for hosting

2. MAX Hosting does not allow hosting of sites prohibited by law in the Republic of Macedonia on its servers. Namely, our clients are prohibited from hosting sites with pornographic content, sites that spread racial, religious and other interpersonal intolerance, as well as other content prohibited by law. In this sense, MAX Hosting will immediately stop displaying such content, and the consequences will be borne by the contracting party using our services.

Necessary prerequisites for using our services

3. In order for us to host your website, you must upload your content to our servers. When you do this, you create one or more copies of your content on our system. You are solely responsible for ensuring that all content and other data that make up your website is up to date. Please note that even though you upload a copy of your content to our servers, you must always make backup copies of your content and other site files, at least from time to time, so that you can restore them in the event of technical problems, such as server problems, technical and system-related problems, loss of content from our servers, etc.

Backups of your data

4. Backups are always the responsibility of the client. Clients must create their own backups using the hosting tools in their cPanel (control panel). In this regard, you should keep in mind that each backup takes up space from the total rented space.

5. MAX Hosting will not be liable for any damages to the User's Content, the User's Website or other damages and dysfunctions or interruptions in the delivery of services caused by the irregularity of the User's Content or any aspect of the User's Website.

The user is solely responsible for making backup copies of his website and its contents.

6. At the client's request, MAX Hosting can provide a daily data backup service, going back 7 days, which is subject to a new service fee.

7. Backups are always the responsibility of the client. Clients must create their own backups using the hosting tools in their cPanel (control panel). In this regard, you should keep in mind that each backup takes up space from the total rented space.

8. When using the virtual or dedicated server services, the client is obliged to make backups of the data himself. In the event of a problem, it is necessary to report it within 24 hours, otherwise the service may be unavailable for a longer period of time. MAX Hosting cannot be held responsible for data loss if the client has not signed a special service or if he does not make backups of the data himself.

9. Any restoration of data from a backup, if MAX HOSTING has a copy, is charged at a price of 1600 denars.

10. Restoring site data from backup, hosting service is charged at a price of 1600 denars.

Contents

11. All products and services on this website are in accordance with the positive legal regulations in the Republic of Macedonia.

12. The user agrees not to initiate any disputes or lawsuits related to the use of our products and services.

Zero-tolerance SPAM policy

13. MAX Hosting has a zero-tolerance, anti-spam policy, according to which sending spam or other unsolicited commercial e-mail from our servers is strictly prohibited. This includes, but is not limited to: mass sending of promotional messages, propaganda materials or unsolicited commercial mail to any groups of the social community. If you send mass mail, you are obliged to allow the recipients of that mail to remove themselves from your mass e-mail list. We reserve the right to immediately deactivate your account and prevent further use of our services if we detect such activities. Any organization or entity that is on the ROKSO list cannot be hosted on our servers. Any account that will cause our IP addresses to be blacklisted will be instantly suspended and/or deleted. In addition, our servers are equipped with high technology to protect against spam messages.

14. MAX HOSTING allows sending 70 messages within 5 minutes from each email address. Each client is allowed to send a maximum of 250 messages per hour. Also, if 40% of the messages you send are invalid and they are returned back or rejected by the email servers where you are trying to send them, there is protection at the server level for each account and this limit is reset every hour. Any messages sent above this limit will not be successfully sent.

Ownership

15. All data that is subject to hosting on MAX HOSTING's servers is the property of the client.

16. The client also has ownership over the domains registered in his name in MARNET for .mk domains and all other domains registered worldwide.

17. Ownership lasts as long as the client uses the services of MAX HOSTING and regularly pays the obligations. 

18. If the client cancels the services or does not pay the obligations on time, ownership is taken over by MAX HOSTING. MAX HOSTING has the right to cancel the registered domains or to retain them in its ownership.

19. During the use of MAX HOSTING services, the client has the right to request the transfer of domain ownership in his own favor or to third parties. If he cancels the services or does not pay for them on time, MAX HOSTING is not obligated to transfer ownership or has the right to request compensation of at least 6000 denars.

Contract renewal

20. The client is obliged to cancel the contract no later than 15 days before the expiration of the hosting services contract. Otherwise, it will be considered that the client wants to renew the contract and therefore an invoice will be sent to him, which he must pay within a period not exceeding 30 days. Otherwise, MAX HOSTING may suspend the client's services, partially or completely delete the data that is the subject of hosting. MAX HOSTING assumes no responsibility for partial termination of the service and any possible damages to the client if the client does not pay his obligations on time.

21. MAX HOSTING allows for selective restoration of certain files from a local backup and the same service is charged once and costs 990 denars.

22. MAX HOSTING guarantees two free restorations of a full backup from a local server per year, and each subsequent time MAX HOSTING will charge a one-time fee of 990 denars for this service.

23. Upon request of the client, MAX HOSTING will provide a service: data recovery from an external server at a price of 1990 denars. MAX HOSTING does not refund the funds paid for the aforementioned service and does not assume any responsibility if the client is not satisfied with the condition of the recovered data.

24. In the event of termination of hosting services due to unpaid debt, if the client wants to retrieve his data without reactivating the service, he is obliged to pay 990 denars within 10 days of termination. After the expiration of those 10 days, the price for the same service will be 1990 denars. By paying this amount, the client will receive a copy of his data on the terminated hosting if MAX HOSTING has a backup copy. Otherwise, MAX HOSTING has no obligations. MAX HOSTING will not refund the funds paid for the aforementioned service and assumes no responsibility if the client is not satisfied with the condition of the returned data.

25. In the event of settlement of all unpaid debts within 10 days by a client with terminated hosting services, and if the client wishes to continue with the renewal of the service, MAX HOSTING will, upon the client's request, perform data recovery from a local server and will charge a one-time fee of 990 denars for the same service. If more than 10 days have passed since the termination of the hosting, the price for data recovery from an external server will be 1990 denars. MAX HOSTING is not obliged to keep a backup copy and is not responsible for it. MAX HOSTING will not refund the funds paid for the aforementioned service and assumes no responsibility if the client is not satisfied with the condition of the recovered data.

Cancellation

26. If the client wishes to cancel the services within the stipulated period, he has the option to request the recording of the data from his space on an optical medium which will be sent to him by mail. Our service for recording and sending data by mail costs 1990 denars.

Warranty

27. MAX Hosting provides a server uptime guarantee of 99%.

28. However, in no event shall MAX Hosting be held liable for any direct, indirect, special, punitive or consequential damages resulting in any way from the use or inability to use the services we offer, or from the use of the web space leased by any of our clients.

Abuse

29. The client does not have the right to abuse the service for unauthorized access to data on the server or data of other clients. Otherwise, the client may be immediately disconnected without notice and without the right to a refund of the funds paid for the service. In addition, he/she bears criminal liability for unauthorized access to unauthorized information and will be treated as an IT crime.

Hardware problem

30. In case of hardware failure/problem with (RAM, CPU, HDD) on the servers where the data is hosted, MAX HOSTING undertakes to remove the defect within a period of up to 7 working days. If the problem is in the hard drive, where the data is stored, it is replaced and the data for which we have a backup that is generated automatically is returned, but we do not guarantee the data and its correctness returned from the backup server. The client is always obliged to have his own backup copy of the website.

Overload

31. Every website consumes resources such as processor, memory, network resources. If your site is hosted on the basic or reseller packages, then we do not tolerate abuse, exceeding or overloading of the server resources by one user compared to the others on the same server. The resources of a hosting or reseller server must be distributed equally to all users, so that the use of the processor and RAM memory is limited. Excessive use of the processor and memory by one or more users leads to extreme slowdown of the server. If the server is overloaded by one user, it may be suspended without prior notice. Our technical team can, but is not obliged to, help in eliminating the problem with the site that is overloading the server. If a user needs more resources such as RAM and processor, then it is necessary to upgrade to a Virtual Server or Dedicated Server, i.e. to a package that offers guaranteed memory and processor resources. 

Limitations:

• A single hosting user may not exceed RAM usage by more than 10%.

• Exceeding the CPU load above 12% per hosting is not allowed

• Apache connections are limited to a maximum of 120 connections per second

• 100 MySQL connections is the maximum allowed

• To protect against spam, a limit of 250 emails sent within one hour has been set.

These restrictions DO NOT apply to Virtual and Dedicated Servers! Additionally, there are other exceptions to these rules!

These terms and conditions may be changed without prior notice.

Due to the development of our business and the changing nature of the web hosting industry, these Terms of Service may change. Changes will be posted here and your continued use of the products and services means that you accept the changes we have made.

Compensation for damage

32. If the team of MAX Hosting be sued and threatened with a lawsuit by third parties because of something you did using the services or as our collaborator, you agree to bear the consequences if it is determined that MAX Hosting is guilty or has to pay a monetary settlement. In legal terms, this is called compensation for damages. Not only do you agree to refund the funds we gave to satisfy the judgment or settle it out of court, but you also agree to pay the attorneys' fees of those who will represent us and any other costs we incur. MAX Hosting can be obtained by defending oneself.

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