1. Acceptance of terms
By creating an account or ordering services from NamelyHost, you agree to these Terms of Service, our Acceptable Use Policy, Privacy Policy, SLA and (for domains) our Domain Registration Agreement. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
2. Definitions
"NamelyHost", "we", "us", "our" means the NamelyHost brand and the legal entity operating it.
"Customer", "you", "your" means the person or entity purchasing services.
"Services" means domain registration and transfer, email hosting, web hosting, SSL certificates, and related offerings.
"Control Panel" means the client area at client.namelyhost.com.
3. Your account
You must provide accurate, current and complete information when creating an account. You are responsible for keeping your password secure and for all activity that occurs under your account. Notify us immediately at security@namelyhost.com of any unauthorised access. You must be at least 18 years old to hold an account.
4. Services
We provide the Services on an ongoing subscription or term basis as set out at checkout. Service specifications, resource limits and features are those stated on the Service's product page at the time you order, or as communicated to you in writing.
5. Fees and billing
Fees are payable in advance for the term selected (monthly, annual, biennial). All fees are exclusive of SST unless stated. We accept credit card, FPX, and bank transfer through our gateways. Invoices are issued to the email address on your account and are due on receipt. Late payments may incur a service suspension after 7 days and a restoration fee on reinstatement.
6. Domain names
Domain registration is governed by the applicable registry's policies, ICANN rules and our Domain Registration Agreement. You are the registrant; we act as reseller / registrar of record (or via our partner registrars where indicated). Domain fees are generally non-refundable once a domain has been registered with the registry, even inside any money-back window.
7. Renewal
All Services renew automatically for successive terms of the same length, at the price then in effect, unless you disable auto-renew in the Control Panel at least 48 hours before the renewal date. We will send at least one renewal reminder to the account email no later than 30 days before renewal.
8. Cancellation
You may cancel any Service through the Control Panel. Refunds (where applicable) are governed by our Refund Policy. Cancellation takes effect at the end of the current billing term unless you request immediate cancellation.
9. Uptime and service levels
We target 99.9% monthly uptime for hosting and email services and 99.99% for DNS. Detailed commitments and service credits are set out in our SLA.
10. Backups
We maintain daily off-server backups of hosting accounts for 14 days. Backups are a convenience and not a replacement for your own backup regime. You are responsible for maintaining your own copies of any data you cannot afford to lose.
11. Limitation of liability
To the maximum extent permitted by law, our aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid us for the affected Service in the 12 months preceding the event giving rise to the claim. We are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of data, loss of goodwill, or for any indirect or consequential loss.
12. Indemnity
You will indemnify NamelyHost against any third-party claim arising out of your use of the Services in breach of these Terms or the Acceptable Use Policy, including claims relating to content you publish, store or transmit.
13. Termination for breach
We may suspend or terminate your account immediately if you materially breach these Terms or the Acceptable Use Policy, or if we are required to do so by law. Where reasonable, we will give you notice and an opportunity to remedy the breach. On termination, your data may be deleted after a 14-day grace period.
14. Governing law and jurisdiction
These Terms are governed by the laws of Malaysia. Any dispute will be submitted to the exclusive jurisdiction of the courts of Kuching, Sarawak, except that either party may seek urgent injunctive relief in any competent court.
Questions about these Terms: legal@namelyhost.com