Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the WaaS website (the “Service”) operated by Waas (“us”, “we”, or “our”).
1. Introduction
Your access to and buying a Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or buy the Service.
By accessing or buying the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to get the Service.
2. Services
This Agreement applies to all Services, whether purchased, subscribed or utilized separately or as part of a complete solution or packaged bundle. Your purchase of the Services, continued use of the Services, and/or continued access to the Services constitutes your acceptance of this Agreement. If you purchase Services that are sold together as a “bundled” package (e.g., you purchase a package that includes both a domain name and a website or other Services, as opposed to your purchasing such Services separately), termination of any part of the Services will result in the termination of all WaaS Services provided as part of the bundled package. See Section 8 (Termination) for additional details on this subject. WaaS further reserves the right to modify the Services, at our sole and absolute discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that WaaS shall not be liable to you or any third party for any such modification of the Services and that your continued use of the modified Services, and/or continued access to the modified Services, constitutes your acceptance of any such modifications.
You acknowledge and agree that some or all of the Services you purchase or receive from us may be provided by one or more vendors, contractors or affiliates selected by WaaS in its sole and absolute discretion. As a part of your Services, WaaS may provide you access to third-party functionality or services, including, but not limited to, applications, widgets, Rich Site Summary (“RSS”), other types of news, event and industry feeds, calculators, recommended copy, forms and templates that are incorporated or offered as a part of one or more of the Services (collectively, “Third-Party Functionality”).
You acknowledge and agree that your use of any Third-Party Functionality to which you are provided access as part of any WaaS Services is in accordance with the terms of any relevant third-party licenses, agreements and/or terms and conditions. Your failure to abide by any such third- party licenses, agreements and/or terms and conditions may result in the immediate termination of your Services provided by WaaS. You understand and agree that WaaS does not control such Third-Party Functionality and is therefore not liable to you or any third party for any issues of any kind relating to issues relating to Third- Party Functionality. WaaS reserves the right, in its sole and absolute discretion, to terminate, suspend, cancel or alter your access to Third-Party Functionality at any time and without notice to you.
3. Customer Obligations
3.1 Customer agrees: (i) comply with applicable law and these Terms of Service, (ii) pay the fees for the Services when due, (iii) cooperate with WaaS investigation of Service outages and any suspected breach of these Terms of Service, and (iv) ensure your customer account information as it appears in the online control panel is true, accurate, and complete.
3.2 Customer may resell the Services, however, Customer remains responsible for use of the Services by any third party to the same extent as if Customer were using the Services. If Customer installs third party software on the server that is hosted by WaaS, or WaaS installs the third party software for or at the request of Customer, Customer agrees to the licensing costs at the time of installation and is responsible for any increase in the third party licensing costs thereafter. Customer is solely responsible for (i) obtaining all required licenses, (ii) complying with all applicable licensing requirements set forth by the software manufacturer, and (iii) acceptance of the software manufacturer’s end user license agreement and/or terms and conditions. Customer agrees to indemnify, defend, and hold harmless WaaS from and against any claims based on Customer’s failure to comply with the terms set forth in this section.
3.3 Customer is solely responsible for the security and content of all Customer data stored in WaaS hosted environment and all such data is and at all times shall remain Customer’s exclusive property (“Customer Data”).
3.4 Customer is solely responsible for: (i) determining the suitability of the Services in light of the type of Customer Data stored by you or your end-user(s); (ii) the use of WaaS hosted environment tool and/or the Services by any of your employees or other user(s) who, either with or without Customer’s authorization, gain access to the hosted environment; and (iii) taking all commercially reasonable steps to mitigate the risks inherent in transmitting Customer Data to and from and while stored on the hosted environment using the Services, including any Customer Data loss or corruption.
3.5 Customer shall be responsible for maintaining all backups for all Customer Data on servers not covered by WaaS FREE Backup Service. In the event WaaS provides backup assistance on servers not covered by Backup Services, it is provided, without additional charge, as a courtesy (“Courtesy Support”) to Customer.WaaS has no liability for any lost or corrupted Customer Data resulting from the provision of Courtesy Support.
3.6 Customer is responsible for selecting and securing the appropriate authentication procedures to allow access to Customer’s account. Customer is not authorized to provide account access, passwords, or passphrases for WaaS technical support to any third party.
3.7 Customer shall only use or allow the use of the Services in compliance with the terms of this agreement, (Acceptable Use) of these Terms of Service.
3.8 Customer shall promptly notify WaaS of any data breach or unauthorized access to WaaS network or servers and accounts. Customer will take all commercially reasonable steps to cooperate with WaaS investigation and resolution of the reported breach or unauthorized access.
4. Ordering Services
4.1 For purposes of these Terms of Service an order means (i) the online order that you submit or accept for the Services, (ii) any other written order (either in electronic or paper form) provided to you by WaaS for acceptance that describes the Services you are purchasing and the price of such Services, signed by Customer, either manually or electronically, and/or, (iii) your use of the Services, (“Order”).
4.2 Customer’s use of the Services is governed by these Terms of Service, which are incorporated by reference in the terms of your Order.
4.3 Customer’s use of the Services includes a representation that the individual placing the Order for Customer has the legal authority to enter into contractual commitments and make purchases for the Customer.
4.4 WaaS obligation to begin providing Services is contingent on Customer’s satisfying WaaS credit approval criteria. Further, WaaS may, in its sole discretion, accept or reject any Order Customer submits
4.5 Customer warrants and represents that the Order is placed on behalf of a business and not a consumer.
4.6 The provision of the Services described in an Order constitutes WaaS acceptance of the Order.
5. Acceptable Use
5.1 Customer shall use the Services in compliance with all applicable state, federal, or international laws, statutes or codes, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.
5.2 Customer is responsible for all acts and omissions of its users in connection with receipt or use of the Services. Customer agrees, and will ensure its users agree, to act responsibly and not use the Services for any illegal or unauthorized purpose including, but not limited to:
- Hacking, phishing, spamming, identity theft, financial fraud, e-mail spoofing, virus distribution, network attacks, pirating software, harassment, using malware, spyware, copyrighted infringement under the Digital Millennium Copyright Act (“DMCA”), trademark infringement, sharing illegal software, and any unauthorized use of images, internet accounts or computers or any activity that would violate the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003.
- For the purposes of Acceptable Use, the term Spamming includes, but is not limited to: (i) sending unsolicited outbound bulk email regardless of the content; (ii) Junk mail; (iii) unsolicited commercial email; (iv) unsolicited instant messaging; (v) unsolicited mobile phone messaging advertising; (vi) email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner and (vii) mailing lists without closed-loop (“Confirmed Opt-in”), subscription confirmation without retained messages and/or unsubscribe links.
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network.
- Intentionally or recklessly introducing any virus or other contaminating code into the WaaS hosted environment.
- Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting).
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting.
- Distributing software that covertly gathers or transmits information about a user.
- Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, and forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses.
- Interference with Service to any user of the WaaS hosted environment including, without limitation, mail bombing, flooding, or deliberate attempts to overload a system and broadcast attacks.
- Any action that directly or indirectly results in any of WaaS IP space being listed on any abuse database (i.e. Spamhaus).
- Conducting any gambling activity in breach of the terms of this agreement.
- Distribution or any other use of copyrighted material not owned by Customer or Customer’s end-user.
- Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WaaS.
- Content that incites violence, threatens violence, is excessively violent, or contains harassing content or hate speech.
- Any action that results in Customer’s official listing on the Register of Known Spam Operations (ROKSO) database maintained at www.spamhaus.org/rokso/
- Use of public proxies, Internet Relay Chat (IRC), or any application layer protocol when utilized to mask activities defined as malicious within these terms.
5.3 Customer may not use any shared system provided by WaaS in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. Note: the use of more than 10,000 inodes per GB on any Cloud Sites account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended.
5.4 Customer agrees that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
6 . Billing and Account Set Up
6.1 WaaS will charge Customer and Customer agrees to pay when due the fees for the Services in accordance with its Order. Unless other payment methods have been approved, WaaS will charge Customer’s credit card monthly, without invoice, beginning on the Effective Date and continuing on the same date each successive month until the end of the term. Customer shall pay all applicable taxes arising from Customer’s use of Services or Customer’s payment of amounts due to WaaS
6.2 WaaS may increase fees for the Services provided under an Order upon thirty days advance written notice as follows:
For Services provided on a month-to-month term, WaaS may increase fees effective the first day of the next month following the notice period.
For Services provided over a term greater than one month, WaaS may increase fees for the Services provided under an Order as of the first day of the next renewal term beginning more than thirty (30) days from the date following the notice period.
6.3 WaaS may suspend all Services (including Services provided under multiple Orders or other contracts with Customer) if charges to Customer’s credit card or other payment facility are rejected, or Customer fails to make payment by an agreed upon alternative payment method. WaaS may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%).
7. Ownership
The Service and its original content (including text, images, videos and other media), design, features, and functionality are and will remain the exclusive property of WaaS and its licensors or by third parties who have given their permission for use by waas.pk. Copyright by WaaS.
Links To Other Web Sites
Our website may contain links to third-party web sites or Services that are not owned or controlled by WaaS
WaaS has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that WaaS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third-party web sites or Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
8. Termination
We may terminate or suspend your Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Account Access
To access or use the WaaS Services or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or passphrase, or for the unauthorized access to your account(s) as a result of the same. You agree that we may log off, terminate, or cancel any account that is inactive for an extended period of time.
10. Scheduled Maintenance and Downtime
10.1 WaaS will use its commercially reasonable efforts to provide Services 24 hours a day, seven days a week.
10.2 Customer acknowledges that from time to time the Services may be inaccessible or inoperable for various reasons, including:
Periodic maintenance procedures or upgrades (“Scheduled Downtime”)
Service malfunctions, and causes beyond WaaS control or which are not reasonably foreseeable by WaaS, including the interruption or failure of telecommunications or digital transmission links.
Hostile network attacks, or network congestion or other failures
10.3 WaaS will provide a minimum of 48 hours advance notice to the Customer for non-emergency maintenance or Scheduled Downtime, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers.
11. Disclaimer
Buying the Service is at your sole risk. The Service is provided on a monthly basis. The Service is provided without warranties of any kind.
If you are buying any service or using any service of WaaS, you are agreed to the following terms:
12. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or buy our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to buy the Service.
If you have any questions about these Terms, please contact us at:
WaaS
204/A, Orchard Homes, Satiana Road.
Faisalabad, Pakistan
+92 320 111 WaaS