Terms and Conditions

1. General

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by najahguru.com. (“najahguru.com”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between najahguru.com and the individual or entity who subscribes to our service (“Subscriber” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. najahguru.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that najahguru.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

najahguru.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://najahguru.com/terms-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

2. Services

najahguru.com offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from najahguru.com.

Services are provided on the basis of facility and equipment availability. najahguru.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the web and email servers is terminated upon expiry of the Service.

3. Web Hosting

All najahguru.com web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Subscriber has recently setup their account with najahguru.com.

At its sole discretion, najahguru.com may place advertisements or other commercial content on your website, emails or anywhere it deems fit.

Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through your account control panel. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.

If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse najahguru.com for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.

All najahguru.com web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. Website.com is not obligated to provide reimbursement for any probation or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 16th of the expiry month.

4. Website Builder

najahguru.com provides Subscribers with a non-exclusive, non-transferable, limited license to use the Website Builder. The Website Builder is developed and owned by Website.com, and any reproduction, modification, creation of derivative works from or redistribution of the Website Builder is expressly prohibited. The Website Builder, its structure, sequence, organization and source code are considered trade secrets of Website.com and are protected by trade secret laws.

najahguru.com does not claim ownership and is not responsible for any of the information, code, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials (“User Content”) submitted using the Website Builder. Subscriber is entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted via the Website Builder.

You further acknowledge and agree that all User Content is non-transferable and non-transportable. najahguru.com will not assist any Subscribers with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the Website Builder, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Website Builder, will be removed by najahguru.com.

najahguru.com makes no representations or warranties, either expressed or implied, with respect to the images offered through the Website Builder (the “Images”).

In the event of a dispute regarding any Image obtained via the Website Builder, you hereby release najahguru.com, its officers, directors, owners, agents, and employees from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. najahguru.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.

You may only use the Images on your website, while the website maintains an active service subscription with http://najahguru.com

5. Email

najahguru.com’s email service provides customers with the capability to send and receive email via the Internet. najahguru.com retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.

As an owner and operator of the equipment and other resources utilized to provide services, najahguru.com has the legal right to block electronic communications from other entities on the Internet.

najahguru.com relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your najahguru.com Service, advertisement sponsored email newsletters may be sent to Subscribers and najahguru.com email service email accounts.

6. Definition of Unlimited Usage

What “Unlimited” means: najahguru.com does not set an arbitrary limit on the amount of resources an account can use.

What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.

Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.

najahguru.com ‘s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by najahguru.com administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.

7. Domain Name Registration

You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. najahguru.com is authorized to deny any such transfer requests.

You acknowledge and agree that najahguru.com may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.

Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt in or out of the Automatic Domain Renewal service via your account control panel.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.

Subscribers who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.

Subscribers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee.

8. Service Fees / Payments / Invoices

All najahguru.com fees and charges are quoted and billed in Ringgit Malaysia unless otherwise noted.

najahguru.com uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, najahguru.com may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.

najahguru.com may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

9. Notices

You agree that, unless other instructions are posted on najahguru.com’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for najahguru.com posted on the najahguru.com website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

10. Privacy

The najahguru.com Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The najahguru.com Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://najahguru.com/privacy-policy/

Email newsletters will only be sent directly by najahguru.com. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by najahguru.com’s designated customer review software provider for customer experience and service feedback.

11. Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. najahguru.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. najahguru.comis not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by najahguru.com.

In no event will najahguru.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

najahguru.com, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall najahguru.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

12. Indemnification

You agree to indemnify and hold najahguru.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse najahguru.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

13. Force Majeure

najahguru.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

14. Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

15. Age of Majority

najahguru.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

16. Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

17. Entire Agreement

This Agreement, as may be updated from time to time and posted at http://najahguru.com/terms-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

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