TERMS OF SERVICE

Using our services and/or website signifies acceptance of our Terms of Use.

INTRODUCTION

These Terms of Service (the "Agreement") are an agreement between Crystal Technologies Limited ("Crystal Tech" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Crystal Technologies and of the crystaltech.co.ke/ crystalhost.co.ke website (collectively, the "Services").  By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services (our site, customer portal, systems, software, APIs, and the use and/or purchase of our products and services).

Additional Policies and Agreements

Use of the Services is also governed by the following policy, which is incorporated by reference into this Agreement and forms one in the same. By using the Services, you also agree to the terms of the following policy.

Privacy Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.

CHANGES TO THE TERMS OF SERVICE AND ACCEPTABLE USAGE POLICY

Crystal Technologies Limited reserves the right to change the terms, conditions, and notices under which it offers, including any charges associated with the use of its Website and services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on our website. Your continued use of the Crystal Technologies Limited Website after the effective date of such changes constitutes your acceptance of and agreement to such changes.

ACCOUNT ELIGIBILITY

By registering for or using the Services, you represent and warrant that:

  1. You are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

  1. If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

  1. The information provided on your account is accurate, up-to-date, truthful, current, and complete including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have in our file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Crystal Technologies Limited is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you wish to verify or change your contact information, please do so from your client area or contact us Providing false contact information of any kind shall result in the termination of your account.

  1. You are fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

PRIVACY GUARANTEE

You can view Crystal Technologies’ Privacy Policy, which is incorporated herein by reference, as it is applicable to all Crystal Technologies products and services. The Privacy Policy sets out Your rights and Crystal Technologies’ responsibilities with regard to Your personal information. Crystal Technologies will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

TRANSFERS

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service for up to 2 cPanel accounts (additional migrations are available at our standard hourly admin rate). We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB. We reserve the right to discontinue or modify our transfer policy at any time.

We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Where offered, the free transfer service is available for fifteen(15) days from your sign up date.

Transfers outside of the fifteen(15) day period may incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Crystal technologies be held liable for any lost or missing data or files resulting from a transfer to or from Crystal technology. You are solely responsible for backing up your data in all circumstances.

LATE PAYMENTS

All accounts are billed according to the dates they were first activated on. If you will not pay for service renewal in 5 days after deactivation, your account will be suspended. If you will not pay for service renewal in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days prior to the deactivation.

In cases where you have a Top level domain name (such as .com, .org, .so etc) a penalty ,that shall be communicated, will be applied to restore the domain name 30days after its expiry(also known as domain in “Redemption period”)

CRYSTAL TECHNOLOGIES CONTENT

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Crystal Technologies’ Content"), are the proprietary property of Crystal Technologies or Crystal Technologies’ licensors. Such content shall  not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Crystal Technologies Content. Any use of such Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Crystal Technologies Content. All rights to use Crystal Technologies Content that are not expressly granted in this Agreement are reserved by Crystal Technologies and Crystal Technologies’  licensors.

USER CONTENT

  1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Crystal Technologies that;

(i) you have all the necessary rights to post or distribute such User Content, and

(ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

  1. You may not however use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. If you would like to conduct your own backups you MUST purchase block storage.

  1. Crystal Technologies reserves the right to remove any files that violate this policy under our sole discretion. User's that violate this policy are subject to immediate suspension and/or termination.
  2. Solely for purposes of providing the Services, you hereby grant to Crystal Technologies a non-exclusive, royalty-free, worldwide right and license to:

 (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and

(ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Crystal Technologies does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

  1. Crystal Technologies exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through its computers, network hubs and points of presence or the Internet. Crystal Technologies does not monitor User Content. However, you acknowledge and agree that it may, but is not obligated to, immediately take any corrective action in Crystal Technologies’ sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Crystal Technologies shall have no liability due to any corrective action that it may take.

Third Party Providers

Crystal Technologies may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

Crystal Technologies does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Crystal Technologies is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

Crystal Technologies as Reseller or Licensor

Crystal Technologies may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Crystal Technologies Products"). Crystal Technologies shall not be responsible for any changes in the Services that cause any Non-Crystal Technologies Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Crystal Technologies Products, either sold, licensed or provided by Crystal Technologies to you will not be deemed a breach of Crystal Technologies’ obligations under this Agreement.

Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Crystal Technologies Product are limited to those rights extended to you by the manufacturer of such Non-Crystal Technologies Product. You are entitled to use any Non-Crystal Technologies Product supplied by Crystal Technologies only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Crystal Technologies Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Crystal Technologies Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Crystal Technologies ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals).

The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Crystal Technologies also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.

Account Security and Crystal Technologies Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Crystal Technologies may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Crystal Technologies may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Crystal Technologies of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Crystal Technologies may clean-up your account for an additional fee.

Crystal Technologies reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Billing and Payment Information

Prepayment.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Auto Renewal.

Unless otherwise provided, you agree that until and unless you notify Crystal Technologies of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes.

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Crystal Technologies’  invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Domain Payments.

It is solely your responsibility to notify Crystal Technologies’ Billing department via a support ticket created from https://my.crystalhost.co.ke/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Crystal Technologies is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renewal date.

 No refunds will be given once a domain is registered or renewed. All domain registrations and renewals are final.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Crystal Technologies may report any such misuse or fraudulent use, as determined in Crystal Technologies’ sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Cancellations and Refunds

Payment Method.

No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your account instead of a refund.

Refund Eligibility.

Only first-time accounts are eligible for a refund. That is, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

Non-refundable Products and Services.

There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Crystal Technologies’ sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.

Cancellation Process.

You may terminate or cancel the Services by giving Crystal Technologies written notice via the cancellation form provided. In such event:

(i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and

(ii) Crystal Technologies may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately.

We require all cancellations to be done through the online form in order to

(a) Verify account ownership

(b) Confirm in writing that you are prepared for all of your files and emails to be removed, and

(c) Document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared accounts will be effective on the account's renewal date.

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Crystal Technologies is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

Crystal Technologies may terminate your access to the Services, in whole or in part, without notice in the event that:

(i) you fail to pay any fees due;

(ii) you violate this Agreement;

(iii) your conduct may harm Crystal Technologies or others or cause Crystal Technologies or others to incur liability, as determined by Crystal Technologies in our sole discretion; or

(iv) as otherwise specified in this Agreement.

In such event, Crystal Technologies shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Crystal Technologies may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, BANDWIDTH AND DISK USAGE

Permitted CPU and Disk Usage.

All use of hosting space provided by Crystal Technologies is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites.

Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts.

Crystal Technologies expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy.

Crystal Technologies may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Crystal Technologies’  terms and conditions.

VPS Managed Services

Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.

Bandwidth Usage.

Shared servers are not limited in their bandwidth allowance.

Uptime Guarantee.

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Crystal Technologies and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Price Change

Crystal Technologies reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Crystal Technologies through the user billing tool or through other methods of communication, including notices sent or posted by Crystal Technologies.

Limitation of Liability

IN NO EVENT WILL Crystal Technologies ,ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Crystal Technologies IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Crystal Technologies’ LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Crystal Technologies FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless Crystal Technologies, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to

(i) your use of the Services,

(ii) any breach or violation by you of this Agreement; or

(iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Resellers

Resellers are a key part of our business.

All resellers are to register the domains under the client's name, but they can be administrative , billing and/ or technical contacts for the domains but the registrant details MUST be the clients. To avoid emails going to the client, you may put your email address

Domains registered and managed on behalf of the client belong to the client

It is your responsibility to ensure that the clients services are up and running so that they do not contact the registry (kenic) or registrar (Crystal Technologies)

When your client complains to the registry or registrar, we have a right to help them ensure that their businesses continue operations. This includes changing name servers ( so that their emails and websites continue to operate). This will be after they show proof of ownership of the domains . Proof will be in the form of certificate of incorporation, Invoices and receipts from your organization e.t.c

You must be reachable via both phone and email ( and you must respond to our emails within 48hrs if we attempt to reach you)

We reserve the right to take decisions that will ensure client continued business operations.

All decisions taken by the registry or registrar about clients domains are final. In the event that you decide to take legal action, you shall enjoin the client in the suit

Backups and Data Loss

Your use of the Services is at your sole risk. Crystal Technologies’ backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at our sole discretion. There are no backups for VPS. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups. Crystal Technologies is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Crystal Technologies’ servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Crystal Technologies  AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Crystal Technologies AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Crystal Technologies AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Changes to the Agreement or the Services

Crystal technologies may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Crystal Technologies  website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

Notices

Any notice, request or demand required or permitted to be given to Crystal Technologies given under this agreement shall be through email i.e. [email protected].

Severability

If any of the provision of this agreement is judged to be unenforceable, the continuation in full force and effect of the remainder of them will not be prejudiced

Applicable Laws

This agreement shall be read, construed and interpreted in accordance with the Laws of Kenya.